According to the Child Welfare League of America, an estimated 200,000 children have a mother in prison, and at least 1.6 million children have a father in prison. As such, many children have been forced to enter the foster care system, and there has been a significant increase in the number of children visiting their incarcerated parents.
When a State May Choose Not to File Termination Proceedings
- When a relative is caring for the child
- When the foster care agency has not provided appropriate services
- When the agency documents that termination would not be in the child’s best interests
- The right of free association under the First Amendment
- The right against cruel and unusual punishment under the Eighth Amendment
- The right to due process of law under the Fourteenth Amendment