"Broken Families From Behind Bars: Analyzing the Impact of the 1984 Comprehensive Crime Control act and the 1997 Adoption and Safe Families Act on Incarcerated Women and Families"
Date
2024
Authors
Studer, Josselyn
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Publisher
University of Oregon
Abstract
This thesis explores the intersections of mass incarceration, punitive sentencing policies, child welfare policies, and their profound ramifications on familial structures, particularly concerning incarcerated mothers and their parental rights. It begins by contextualizing the escalation of female imprisonment, stemming from the War on Drugs and the enforcement of mandatory minimum sentences, which culminated in the Sentencing Reform Act housed within the 1984 Comprehensive Crime Control Act (CCCA). As the incarceration rates of women continue to escalate, it becomes ever more imperative to acknowledge the broader societal implications of the disproportionate imprisonment of this demographic. Given that a significant majority of women incarcerated in US jails and prisons are mothers and primary caregivers to children, this study explores the repercussions of mass female incarceration on the policies of the US child welfare system, as governed by the 1997 Adoption and Family Safety Act (AFSA). At the heart of the discussion lies the paradoxical outcome of ostensibly child-focused policies like the 1997 Adoption and Safe Families Act (ASFA), designed to ensure the well-being of children by expediting permanency in foster care through measures such as the 15/22 provision. This provision dictates that parental rights termination (PRT) proceedings must commence if a child spends 15 out of the last 22 months in foster care, often leading to the involuntary termination of parental rights. This stringent timeline is exacerbated by Oregon's adoption of ASFA via SB 689, also known as the "Best Interest of the Child Act," which expedites Oregonians’ parental rights termination (PRT) process. The imposition of mandatory minimum sentencing laws under the Comprehensive Crime Control Act (CCCA) often leads to incarcerated mothers receiving unduly long prison sentences. With the average prison term exceeding 15 months, many mothers are subject to automatic initiation of Parental Rights Termination (PRT) proceedings mandated by ASFA's 15/22 provision, irrespective of their wishes to retain custody of their children. By exploring the interplay of mandatory minimum sentencing laws, heightened female incarceration rates, and expedited parental rights termination procedures, this study offers a more nuanced understanding of the profound impact of criminal justice policies on incarcerated women and their families.
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Keywords
War on Drugs, 1997 Adoption and Safe Families Act, Termination of Parental Rights, Legal Orphans, Mass Incarceration