Permanency planning in the context of parental incarceration: legal issues and recommendations

Parental incarceration is a growing problem that is not accommodated for in the traditional, time-driven model of permanency planning. The trend in both law and policy regarding children in out-of-home care is toward early termination of parental rights and placement for adoption. The federal Adoption and Safe Families Act of 1997 places additional pressure on state agencies to continue this trend. Child welfare agencies need to recognize the importance of maintaining parent-child relationships, even when a parent is incarcerated, and must develop creative approaches for dealing with the unique challenges presented by parental incarceration. The author, an advocate for incarcerated parents, offers recommendations for permanency planning in the context of parental incarceration.