Denisha Lawson gave birth to her daughter Esperanza in 2007. Esperanza was premature, spent a few weeks in the hospital and then came home with her mom. She developed a cold that seemed to be getting worse and Denisha decided she should take her daughter to the doctor to have her checked out.
This is a common scenario — babies get born, they get sick and they go to the doctor. The difference in this case is that Denisha was a state prisoner incarcerated in a small mother-infant prison program in San Diego. Esperanza, while not officially a prisoner, was also being held at this facility. Prison officials refused to allow Denisha to take her daughter to the doctor. Denisha kept insisting that Esperanza was ill. This impasse continued for four days until a visiting nurse listened to Denisha and rushed Esperanza to the hospital in near-cardiac arrest. If Denisha had complied with prison orders and not demanded that her daughter be seen by a physician, Esperanza would likely be dead today. Three years later, Esperanza continues to have respiratory problems related to this horrifying incident
For more than 30 years, Legal Services for Prisoners with Children has fought for the rights of incarcerated mothers and their children to maintain their family bond. In the mid-1980s we advocated for community-based mother-infant programs where moms and kids could receive the services they need so they could flourish after their release from prison. We believe strongly that because a mom is in prison or has a drug problem does not automatically mean that she is a bad parent. Like Denisha, most incarcerated mothers love their children and would do anything to protect them. Children thrive when they have a parent who loves them.
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We are often asked what we think about mother-infant programs or prison nurseries today. When the question comes up, Denisha and Esperanza come immediately to mind. Esperanza was certainly not safe at this facility, but what was the alternative for her?
Eight-five percent of incarcerated women are mothers. Most of them are single parents and many do not have the family or resources to leave their minor children with a trusted relative. If Esperanza had been put into foster care, there is a strong probability that Denisha would lose her parental rights and never see Esperanza again. If she had not been sent to the mother-infant facility, Denisha’s sentence would have been three years, a year longer than the maximum time allowed for reunification services under California’s version of the federal government’s Adoption and Safe Families Act. Like about 5 percent of women entering state prison, Denisha was pregnant and, given the very real possibility that she could lose her child forever, felt lucky to have the opportunity to be part of this program. Esperanza did have a dad who could have cared for her, but she was one of the lucky ones.
In order to be eligible for a mother-infant facility or a prison nursery, a person must be convicted of a non-violent, non-serious crime. She has to have no violence in her past. Women sent to these programs are adjudged to be a low threat to public safety.
Our question is this: Given the cost of incarcerating a woman and providing services for her and her child, what is the value of keeping them in a locked facility? In California, people who are facing certain drug charges may be eligible for in-patient or out-patient treatment as an alternative to incarceration. We suggest implementing a true community-based program without guards for parents who have sole custody of their young children instead of putting these children in prison. Let’s avoid the combined cost of incarceration and foster care, not to mention the deep pain that comes from fractured families.
We aren’t calling for the full-scale closure of mother-infant programs or prison nurseries. They are often far better than the alternative of massive institutions and foster care. Corrections departments have difficulty providing adequate care for adults; they certainly aren’t qualified as experts in child rearing. We believe in true alternatives that empower moms, protect children and support communities.
Look for more of this story on NBC Nightly News with Brian Williams and in the May issue of Essence Magazine, on newsstands now.
