Guardianship and Infant Placement

HOW 

When should baby placement planning happen and who should do it?

A social worker, behavioral health professional, or medical personnel should speak with and counsel the pregnant patient about their desires and values around who will take care of the baby. This should be a bi-directional conversation to probe and discuss the patient’s thoughts and feelings and not simply asking them what they want to do.

Baby placement discussions should begin no later than ~30 weeks, or as soon as possible if someone enters jail after 30 weeks, and a plan should be finalized no later than 37 weeks.

What options does the pregnant patient have for baby placement if she gives birth and remains in custody after birth?

The staff member should review the pregnant patient on options for baby placement if she gives birth while in custody, including:

OPTION 1: Placement with a family member, partner, or trusted individual in the community, someone who does not have an open (and likely past) case with “Child Protective Services.”

• Help the patient reach out to the selected person to confirm that they are willing to assume caregiving responsibilities for the infant.
• Sign the appropriate paperwork that the hospital requires no later than 37 weeks so that the caregiver can assume responsibility for the infant without delay.
• Communicate what to expect with the caregiver:
  • That the hospital will call them when the baby is born. It may be from a number with “no caller ID.” If the jail is amenable, you can inform the caregiver that the patient has gone into labor.
  • Supplies they will need to have when they go to the hospital (e.g. car seat, their photo ID)
  • Other helpful ways to prepare for a newborn include diapers (provide local diaper bank information), a bassinet for baby sleeping, information about safe sleep, newborn clothes, swaddle blankets, bottles, and formula.

It would be very helpful if the jail staff would help facilitate this conversation and make sure the caregiver knows what to expect (when they will be called, what they will need to have with them when they get to the hospital, like a car seat and ID) and other helpful ways to prepare.

OPTION 2: If your community has community-based, residential, alternatives to incarceration for parents and babies, find out before talking to the patient if this might be an option for them. Some communities even have residential drug treatment programs for moms and newborns. See if yours has one!

OPTION 3: Adoption. Discuss with the patient if she does not want to raise the child.

• Adoption is an emotionally and legally complex process. Patients expressing interest in adoption should speak with a social worker to explore if this is the right path for them.
• The social worker or other knowledgeable staff in the jail should help facilitate this process with a local adoption agency.
• If the jail does not have a staff member knowledgeable about adoption, a staff member can reach out directly to a local adoption agency to help initiate the process.

OPTION 4: Foster Care. If the patient cannot identify a caregiver for the child, the state assumes custody of the child and responsibility for placement, which would be in a temporary home or foster care. Staff should explain what the process is for maintaining contact with the child and getting custody after jail release.

What is a plan of safe care (POSC) and should one be created for pregnant patients in custody?

A plan to address the needs of the parent and child focused on family engagement, treatment, recovery, and support.  The POSC may involve a range of short-term infant care arrangements, from the infant going to a family member while the parent engages in treatment (or is incarcerated) to placement in foster care.  It also often includes SUD treatment plans for the parent and other recommended or required services. The POSC can (and should) be started by any member of the patient’s care team before delivery–having a POSC already drafted can demonstrate the parent’s efforts to engage in treatment and strengthen their support system. 

What else can jail staff to make infant placement less stressful for birthing patients?

Jail staff should approach the conversation of infant placement with care and compassion. Oftentimes, pregnant patients fear infant placement the most when nearing birth. Allow birthing patients as much bonding time in the hospital with their newborns as possible—do not pressure hospital staff to expedite hospital discharge back to jail. Discussing and arranging opportunities for the mother to keep in contact with the baby while the mother is back in jail is helpful. This could entail frequent contact visits (make exceptions for new moms to have multiple visitations per week), video calls, phone calls, letters, etc.

When the mother gets out of jail, will she be able to care for her newborn, especially if she has a substance use disorder?

Remember, a drug test is not a parenting test! Many patients who are in recovery or working on recovery can safely and lovingly care for their child. Legally, there are usually steps that need to be taken to transfer caregiving and child custody responsibilities. This is something that a case manager or social worker from jail or a partner community organization should help with. Prepare the patient for the fact that they may have probation or other reporting requirements and that they may need caregiving help as they navigate appointments. Also talk to her about the supplies she will need, such as diapers, bottles, formula (if not breastfeeding), car seat, clothes, etc. Some organizations can help supply these, and she may also be eligible to sign up for WIC benefits.

WHY 

• Planning for what happens to the newborn after birth in custody is an important part of caring for pregnant incarcerated patients. Efforts to forge this plan should be made early so all are prepared.
• Being proactive in making placement decisions and arrangements can help alleviate some stress and ensure there is adequate time to consider multiple options.
• Planning for baby placement can also help the facility prepare for how to best care for the patient after the birthing experience.

• Parental Rights | Serving People from Arrest to Reintegration- FAQs on parental rights for people who are involved in the criminal justice system. 
• Babies Born to Incarcerated Mothers | National Resource Center for Foster Care and Permanency Planning- Explains risks to parental rights due to incarceration and discusses resources for foster care and permanency planning
• Motherhood Beyond Bars- The only organization in Georgia offering comprehensive support for incarcerated mothers, their infants, and caregivers
  • Hospital Social Worker Checklist-  Post-delivery checklist on mother, baby, and caregiver for incarcerated birthing patients 
• National Diaper Bank Network Member Diaper Banks- National directory of diaper banks by state. 
• Plan of Safe Care Resources
  • How can Planes of Safe Care help infants and families affected by prenatal substance exposure?
  •  Plans of Safe Care Learning Modules (video modules and documents on how to create and implement a POSC)