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Article CommentaryAnalysis and Commentary

The Realities of Pregnancy and Mothering While Incarcerated

Susan Hatters Friedman, Aimee Kaempf and Sarah Kauffman
Journal of the American Academy of Psychiatry and the Law Online September 2020, 48 (3) 365-375; DOI: https://doi.org/10.29158/JAAPL.003924-20
Susan Hatters Friedman
Dr. Friedman is the Phillip Resnick Professor of Forensic Psychiatry, Professor of Reproductive Biology and Pediatrics, Adjunct Professor of Law, Case Western Reserve University, Cleveland, Ohio, and Honorary Associate Professor of Psychological Medicine, University of Auckland, New Zealand. Dr. Kaempf is Associate Professor of Clinical Psychiatry, University of Arizona College of Medicine, Tucson, Arizona. Dr. Kauffman is Women's Mental Health Fellow, Columbia University Medical Center, New York, New York.
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Aimee Kaempf
Dr. Friedman is the Phillip Resnick Professor of Forensic Psychiatry, Professor of Reproductive Biology and Pediatrics, Adjunct Professor of Law, Case Western Reserve University, Cleveland, Ohio, and Honorary Associate Professor of Psychological Medicine, University of Auckland, New Zealand. Dr. Kaempf is Associate Professor of Clinical Psychiatry, University of Arizona College of Medicine, Tucson, Arizona. Dr. Kauffman is Women's Mental Health Fellow, Columbia University Medical Center, New York, New York.
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Sarah Kauffman
Dr. Friedman is the Phillip Resnick Professor of Forensic Psychiatry, Professor of Reproductive Biology and Pediatrics, Adjunct Professor of Law, Case Western Reserve University, Cleveland, Ohio, and Honorary Associate Professor of Psychological Medicine, University of Auckland, New Zealand. Dr. Kaempf is Associate Professor of Clinical Psychiatry, University of Arizona College of Medicine, Tucson, Arizona. Dr. Kauffman is Women's Mental Health Fellow, Columbia University Medical Center, New York, New York.
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    Table 1

    International Mother-Baby Unit Characteristics

    CountryMBU Characteristics
    CanadaIn Canada, children may remain with their mothers until age four on a full-time basis, or stay with their mothers on a part-time basis (such as weekends and holidays) until age 12. Uniquely, Canadian children have the right to request to stop living in prison.14,48 Mother-child programs in federal prisons permit children up to age seven to live with their mothers.49
    EnglandEngland's MBUs exist in seven of 13 women's prisons. Each has mother-baby officers and nursery nurses. There are no women's prisons in neighboring Wales.14,50 The length of time that the infant can stay with the mother ranges from nine to 18 months.9,14,40,51 Criteria for MBU admission include the following: it is in the best interest of the child; there is social services support; there is a strong likelihood that the mother will have custody after release; her ability to care for her baby is not impaired; her behavior and attitudes are nondisruptive and safe; she undertakes the targets in her custody plan; she is drug-free and agrees that the baby can be searched as necessary.52
    AustraliaIn Victoria, children must be under school age to participate, whereas in parts of New South Wales extended holiday stays are possible up to 12 years of age. In Queensland, infants stay until 12 months of age and then are reviewed until they reach school age.48
    New ZealandIn New Zealand, mothers may have their child with them in the MBU for up to 24 months. The MBU is a self-care unit in the low-security section of the prison. The aim is to assist development of a relationship and minimize reoffending. Alternatively, feeding and bonding facilities exist for women who are on remand or under high security. They may have daily visits with their infant up to nine months old. The facility seeks to replicate a domestic lounge with a kitchenette, courtyard, and baby bedroom. Hohepa and Hungerford53 note that, under New Zealand's Correction Act of 2008, consideration is given to whether the MBU is in the best interest of the baby. Purposes include bonding, feeding, and maintaining continuity of care. The entry criteria in New Zealand include a child under 24 months whose mother is the main caregiver before prison or is likely to be after release. The mother must have no history of sexual or violent offending involving children, must be drug-free, and must have no serious misconduct in prison. She must also pass a mental health screen, and child protective services is involved in a case review for each child.54
    IrelandIn Ireland, there are two women's prisons. The mother may be temporarily released for special occasions with her child.55,56
    DenmarkIn Denmark, co-location is seen as a right, even in maximum-security environments. Children are with their mothers until age seven years and may spend the weekend up to age 15.48
    GermanyIn Germany, at Preungesheim Prison, women who are in low-security environments can have their children with them up to age five; women in high-security environments can have their children up to age three. Mothers who have school-age children can travel daily to their home to complete their work as a mother (including waking the children, cooking for the children, and helping them with homework).14,48 Another German correctional facility allows special housing for mothers and children up to age three, with parenting classes and babysitting available.57
    MexicoMexico is the only nation in the world where it is mandatory for the child to stay with the mother until age six. There is no special environment because they rely on the inmates' collective mothering.14
    • MBU, mother-baby unit.

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Journal of the American Academy of Psychiatry and the Law Online: 48 (3)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 48, Issue 3
1 Sep 2020
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The Realities of Pregnancy and Mothering While Incarcerated
Susan Hatters Friedman, Aimee Kaempf, Sarah Kauffman
Journal of the American Academy of Psychiatry and the Law Online Sep 2020, 48 (3) 365-375; DOI: 10.29158/JAAPL.003924-20

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The Realities of Pregnancy and Mothering While Incarcerated
Susan Hatters Friedman, Aimee Kaempf, Sarah Kauffman
Journal of the American Academy of Psychiatry and the Law Online Sep 2020, 48 (3) 365-375; DOI: 10.29158/JAAPL.003924-20
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