How to adopt a child whose parents are in jail
Adoption if the Biological Parent is Incarcerated | Julie Beth Jouben
On Behalf of Julie Beth Jouben, P.A. | Dec 18, 2019 | Adoption
Do I still need the other parent’s consent to a stepparent adoption if they are incarcerated?
Your ex is not involved in your child’s life because he or she has been convicted of a crime and is incarcerated. Meanwhile, your current spouse has stepped into a parental role. You want to move forward in a positive manner and believe that a stepparent adoption is the best decision for your child. You may wonder if you need the incarcerated parent’s consent for a stepparent adoption. The answer is yes. Just because the other parent is serving time in prison does not automatically mean that they have lost their parental rights.
A Consent to Adoption can be executed at a Prison Facility.
Parents who are incarcerated can sign a Consent to Adoption if they are in agreement with the stepparent adoption. Arrangements can be made with the prison so that the Consent can be signed and all of the statutory requirements can be met. Once the incarcerated parent has signed a Consent, you can move forward with the adoption process.
What happens when the incarcerated parent will not agree to sign a Consent? If the other biological parent will not cooperate with the adoption, then you will need to ask the Court to waive their consent.
Abandonment as Grounds for Termination of Parental Rights
If your child’s biological mother or father has not been involved in your child’s life and refuses to sign a Consent for adoption, we can ask the Court to waive that parent’s consent-based upon abandonment. The Court will evaluate many factors in making this decision, including whether the biological parent’s actions demonstrated a willful disregard of the safety or welfare of the child. The Court will evaluate whether the biological parent has failed to provide for financial support or pay for medical treatment even though they were able to pay. If the biological parent has paid financial support or medical expenses, the Court will determine if the amount paid was appropriate considering the child’s needs and the parent’s ability to pay. If the biological parent is incarcerated, the Court may not find that they had the ability to pay support or medical expenses. If there was no ability to pay, then abandonment cannot be found.
What if the other parent’s involvement with your child has been minimal prior to their incarceration? The Court can look to see what effort the parent has made to communicate with the child both before going to prison and after. If the biological parent’s efforts at communication with the child prior to incarceration were only marginal and did not show a settled purpose to assume all parental duties, the Court can find abandonment. If a parent is found to have abandoned a child, their parental rights can be terminated and their consent is unnecessary for stepparent adoptions.
Is the fact that the other parent is prison enough for termination of parental rights?
It is possible that the Court may find abandonment and terminate the other parent’s rights because of their incarceration. The Court will consider many factors, including if the other parent will be in prison for a large portion of your child’s childhood. The Court will look at your child’s age and will also take into account your child’s need for a permanent and stable home. Another consideration will be if the incarcerated parent has been determined to be a violent career criminal, a habitual violent felony offender or a sexual predator. The nature of the other parent’s conviction will be taken into account. Abandonment can be found in your child’s biological father or mother has been convicted of child abuse, first-degree murder, second-degree murder, sexual battery that constitutes a capital, life or first-degree felony. It does not matter if the other parent is incarcerated in Florida, a different state or even a different country.
The Court could also terminate the other parent’s parental rights if it finds that continuing the parent/child relationship with the parent who is in prison will cause your child harm. There is no hard and fast rule as to what type of parental relationship would be harmful to your child. The Court will hear all of the testimony and review all of the evidence presented in making this determination.
Contact Julie Beth Jouben P.A. for More Legal Information About Termination of Parental Rights
Florida takes the parental rights of biological parents very seriously. The Court will not terminate parental rights without clear and convincing evidence. If you are considering a stepparent adoption and the other parent is incarcerated, you should consult an adoption attorney to help you determine how to proceed.
Placing your Baby for Adoption While in Jail / Prison
“Going through a process where you’re not really sure what to expect to have someone there on your side to guide you and basically feel loved by my Advisor and that made the situation just unbelievable” – ANLC Birth Mother
Can I Choose Adoption in Prison or Jail?
If you’re pregnant in prison or facing jail time your options include: making an adoption plan with an adoption agency, lawyer, consultant or facilitator to place your baby with a family you choose; temporarily or permanently placing your baby with a member of your family or friends; or seeing if your prison has a program available that would allow you to keep your baby with you in prison for a certain amount of time. If no other options are available to you, the baby will be placed in foster care. It is a difficult decision to make, so read below for more information on what you can do.
If you are an Expectant Mother and know you will be pregnant in prison or jail, you can try to talk to your prison official or caseworker about these options before your intake. If you are preparing to enter jail and have time before being processed and are considering adoption, you should contact an adoption professional to better understand your options and how you can create an adoption plan for your baby. Depending on your state, prison or jail facility, and facility policies, the processes to achieve any of these options may or may not be difficult. So it is important to remember that you are your best advocate in pursuing any of these options.
Giving Up My Baby for Adoption In Prison
Many women will ask “Can I give up my baby for adoption in prison?” While this is a valid question, we must address the misused term “giving up” your baby or child for adoption. This term is used to describe placing a baby or child for adoption and is often unknowingly used even though it is perceived as a hurtful term. Placing a baby for adoption is not ‘giving up’, but rather, finding the right home to provide for and nurture a baby.
Expectant Mothers can create an adoption plan even while in jail. But you should note that jails and prisons have their own policies and processes and differ in varying ways. As an Expectant Mother, you are your best advocate and will either need to work with designated prison officials, your attorney and/or an assigned caseworker who can help connect you with the right resources. Another option is a family member or friend who can help you research your options and act as a liaison between you and an adoption professional while you are in prison or jail.
By making an adoption plan, you can find a family for your baby that has been carefully screened. There are many adoption professionals that are prepared and ready to help you legally create an adoption plan and support you through the emotional process.
Your adoption professional will work with you to make a custom adoption plan best suited for your circumstance. If you have not yet been processed for intake, you may be able to start working with an adoption professional on making an adoption plan. Once you are in jail or prison, you will need to ask who you should speak to about getting connected with an adoption professional. In some cases, your best point of contact will be a designated prison official, an assigned caseworker, or even your criminal attorney. If you are having trouble getting connected to any useful resources on adoption, you should try to get the help of a family member or a friend who can do some research on the web or contact an adoption professional for you. One of these resources will become the mediator between you and your adoption professional. The amount of contact you have with your adoption professional will depend largely on the jail or prison policies.
Although circumstances and adoption plans vary from case to case, these are some of the general steps in how to place your baby for adoption while in jail or prison:
1.
Find an Adoptive Family For Your BabyAlthough you may not be able to communicate with an Adoptive Family before birth, you will be able to choose them based on your preferences. Your adoption professional will be in close communication with them throughout the process and your mediator (designated prison official, caseworker, attorney, or family/friend) should be able to answer your questions. Once you determine what your preferences are for an Adoptive Family, your adoption professional can send you Adoptive Family profiles. These profiles will describe the family and include photos so that you can learn about them.
2. Receiving Financial Support
The prison administration should make certain you receive the vital, state-paid prenatal and medical care for your baby, while you’re pregnant.
If you are incarcerated, you may not be entitled to financial support for living expenses like rent, food and medical bills, as these should be covered by the prison. However, it is likely you could receive some financial support to make commissary purchases during your pregnancy. For instance, you may be given minimal financial assistance to purchase food for pregnancy cravings or to purchase stamps for letters to the Adoptive Parents.
It is important to note that if you choose adoption, adoption services are completely free of cost to you, and you will not have to pay any expenses for legal or adoption professionals, so you don’t need to worry about any legal or adoption professional expenses when you choose adoption.
3. Contacting the Adoptive Parents
Your options to share contact with your chosen Adoptive Parents may be limited, but even if you’re an Expectant or Birth Mother in jail, you still have the right. Generally, your best way of sharing contact with the Adoptive Parents is through writing letters or sending postcards (depending on the prison or jail policy). You may, in some cases, be able to talk on the phone with the Adoptive Family. Your mediator (designated prison official, caseworker, attorney, or family/friend) can help best determine the means of contact in your situation and may be the liaison between you and the Adoptive Family throughout your adoption process.
Once your baby is placed with the Adoptive Family, if you have time left to serve, your mediator will remain your point of contact for receiving letters and pictures from the Adoptive Family. Once you are released from jail or prison, work with your adoption professional to determine the best way to receive your letters and photos from the Adoptive Family.
4. Giving Birth in Jail
If you’re expected to deliver your baby while in prison, you will most likely be transferred to a local hospital, with supervision of prison officials. At the hospital, you may or may not be allowed to interact with the Adoptive Parents, depending on your situation. Your caseworker will arrange the details with the hospital to make sure you and the hospital staff know what to expect. After you give birth, you may have the chance to spend the next 48 hours recovering in the hospital, but this will depend on the state and prison or jail policies.
5. Signing Adoption Consent
While in the hospital, you may sign your adoption consent paperwork. Sometimes, a Birth Mother has to be discharged from the hospital before signing and sometimes she has to go before a judge to sign the paperwork. This also depends on the state laws and prison or jail policies. Your adoption lawyer will prepare and present the paperwork to you and will explain them along with your legal rights to you before you make your final decision. When exactly you sign the adoption consent depends on your state laws.
Already in Jail or Know an Expectant Mother Who Is
What are the unplanned pregnancy options for women already in prison? You may be concerned for yourself or someone you know who is currently facing or going to face jail time. It is important to become your own advocate. Even though prison officials, your designated caseworker and/or attorney may have resources or adoption professionals they think you should reach out to, you always have the right to select an adoption professional of your choosing. If you are an Expectant Mother in prison wanting to know more about adoption you can:
- Ask prison officials or a designated caseworker if you can do your own investigation into adoption professional options.
- Ask a family member or friend to investigate the right adoption professional for you, based on what you want.
- Ask if it is possible to talk to your chosen adoption professional on the phone or via jail visitation.
- Ask if you can write a letter to your chosen adoption professional to inquire more information about your option of adoption.
While the ease of acquiring information and learning more about your options may depend on your state, jail or prison facility and facility policies, the adoption professional you choose will be a vital part in your adoption process. Here are some adoption professionals you can choose:
- Adoption Network Law Center
- Bethany Christian Services
- Connections Adoption Services
Other Options for a Pregnancy in Jail or Prison
Giving up or placing your baby for adoption is a difficult consideration, so make sure you research all your options and be your best advocate in finding out more. You have rights as an Expectant Mother to make the best decision for your baby.
Guardianship
You may consider placing your baby in a temporary guardianship or even permanent guardianship with a family member or a friend. If you know that your jail sentence is short and believe you can support your child when you get out, temporarily placing your child with a trusted person may be an option you want to learn more about. Your child could be in a loving home while you finish your jail sentence, and once you get out can be placed back with you.
Permanently placing your baby with a friend or family member through adoption is an option as well. If you know that your jail or prison sentence is long or you have decided that it is the best option, you may consider giving your child to a trusted family member or friend, who will support and nurture your baby. You will need to consider if this person can fully support your baby growing up, as this is a permanent placement.
Foster System
If you do not or are not able to create an adoption plan before or after the birth of your baby, they may temporarily be placed into the state foster system. While in some cases you may be able to get custody of your child after you are released from jail, it largely depends on your situation and circumstances. Your prison officials, designated case worker/social worker, and/or attorney may be able to give you more information on if this is possible. Again, you are your best advocate in this situation, and you should ask questions and find out who you can talk to and get in contact with to figure out your options.
Having a Child in Prison
Some prisons have programs or options that allow Birth Mothers in prison to raise their babies while incarcerated. Of course, this depends on the state laws, prison policies and other circumstances. The prison may have a nursery section or family unit for Expectant Mothers or Birth Mothers. This is not always the case, so be sure to ask your prison officials, designated caseworker or attorney how you can find out more information.
How to Decide What’s Best For You
Remember, you are your best advocate in this situation. While prison officials, case workers/social workers, attorneys and others should help connect you to the right resources and help you make the best decision, that may not always be the case. If you have time before you are incarcerated to research your options and possibly contact an adoption professional for more information, you should do so. If you are already in jail or prison, try your best to work with a prison official, designated caseworker, attorney, and/or family member or friend to help you research your options.
DOWNLOAD the full “Pregnancy & Adoption Planning Guide” here
The child's parents are in prison - what is the status for adoption, guardianship or foster family?. Who can be adopted?
Conclusion on issues
Russian family law
as of November 1, 2015
Question 1. Can children who are placed in a public educational institution because their biological parents are sentenced to imprisonment (“children of prisoners”) be transferred to a family for upbringing? On what terms? nine0013
Question 2. In the case of the transfer of "children of prisoners" to be raised in a family, what is the procedure for children to communicate with biological parents? Can biological parents demand the return of children after release?
Question 3. Does the term of imprisonment of biological parents affect the status of "children of prisoners" for various forms of family arrangement?
Question 4. What is the status of “prisoned children” for adoption?
nine0010 Question 5. Should information about “children of prisoners” be transferred to the database of information about children deprived of parental care?Question 6. What are the practical steps for solving the problem of placing "children of prisoners" in a family?
Based on the content of Russian family law and the practice of its application, I report the following:
handed over to a family? On what terms? nine0012
Yes, "children of prisoners" have full custody and foster care status.
According to paragraph 1 of Art. 145 of the Family Code of the Russian Federation, children deprived of parental care are transferred under guardianship. According to paragraph 1 of Art. 121 of the Family Code of the Russian Federation, this category includes not only children whose parents have died, are deprived of parental rights or are limited in them, are recognized as incapacitated, in case of illness of the parents, but also in the event of a long absence of parents or parents evading from raising children or from protecting their rights and interests, including when parents refuse to take their children from educational organizations, medical organizations, organizations providing social services, or similar organizations, when the actions or inaction of parents create conditions that pose a threat to the life or health of children or hinder their normal upbringing and development . It can be said that children of biological parents with a long-term or even relatively short term of imprisonment (i. e. 1-2 years), are in a situation of "prolonged absence of parents" (after all, each year of childhood is crucial for the development of a child), are considered deprived of parental care and are subject to custody. nine0013
The law is unambiguous regarding the status of a child for placement in a foster family. Since the foster family is a substitute professional family, any child deprived of parental care in accordance with paragraph 1 of Art. 121 of the Family Code of the Russian Federation.
As a rule, if patronage (another type of foster family) is introduced in the subject of the Russian Federation at the location of the child, the requirements for the status of children transferred to foster care are similar to the requirements for the status of children transferred to foster care. nine0013
I draw your attention to the fact that (despite the belief of some guardianship authorities to the contrary) the existence of a biological parent should not automatically prevent the placement of a child in family upbringing, and for the reason that neither guardianship, nor a foster family, nor patronage interrupt the child’s formal connection with the biofamily and do not interfere with the child's communication with the biological parents or his return to the biofamily, which will be discussed in more detail below.
Once in a foster family, the child receives a full-fledged family upbringing in early childhood, when the care of parents (biological or foster) is especially important for the full development of the child. nine0004
Question 2. In the case of the transfer of "children of prisoners" under guardianship or upbringing in a foster family, what is the procedure for children to communicate with biological parents? Can biological parents demand the return of children after release?
A child in care has the right to communicate with biological relatives. The guardian has the right to prevent this communication only if it does not meet the interests of the child (clause 5, article 148.1 of the Family Code of the Russian Federation). Biological parents have the right to demand the return of the child to the family (in reality, this happens extremely rarely), and if the guardianship authorities consider that the biological parents are really ready to raise the child on a permanent basis, then they have the right to unilaterally release the guardian from his duties and return the child to the biological parents. In practice, when biological parents apply with a request to return the child, the guardianship authorities appoint a probationary period of 3-6 months, during which the biological parent visits the child, restores personal contact, and also tries to establish his own life in freedom (which is especially important when the biological parent is condemned for many years). Only after the expiration of the probationary period, the guardianship authority makes a decision to cancel or maintain guardianship. nine0013
A child brought up in a foster family has the right to maintain personal contacts with blood relatives, but only if there is the consent of the adoptive parents and communication does not interfere with the normal development and upbringing of the child. In disputable cases, the order of communication between the child, his biological relatives and adoptive parents is determined by the guardianship authorities. In the event that the child is returned to the biological parents, the guardianship authority has the right to unilaterally terminate the agreement on the creation of a foster family ahead of schedule. nine0013
As a rule, the rules for communicating with biological relatives and the procedure for returning a child to the biological family under patronage (if it is introduced in this subject of the Russian Federation) are very close to similar rules in a foster family.
Question 3. Does the term of imprisonment of biological parents affect the status of “children of prisoners” for various forms of family arrangement?
No, the term of imprisonment of the biological parents does not affect the status of "children of prisoners" for placement in a foster family, because regardless of the term of imprisonment of biological parents, "children of prisoners" are considered to be deprived of parental care to the same extent. Legislative regulation in this matter proceeds from the logic that “only” 2 years of imprisonment of a biological parent may turn out to be the most part of the infancy period for a child, which is critical both for the general development of the child and for the formation of living skills in the family. It turns out that a "small" prison term of the bio-parent would become a significant period of isolation for a young child who has already suffered from the loss of the bio-family. This would be doubly unfair and unjustified in relation primarily to the “children of prisoners”. nine0013
Sometimes you can hear proposals to establish some kind of “temporary guardianship” or “temporary patronage” over “children of prisoners”. This is not necessary - by definition, both guardianship and patronage are temporary (maximum until the child reaches 18 years of age) and can always be terminated if it is necessary (and appropriate) for the child to return to the biological family after the release of the biological parent, as described above.
Question 4. What is the status of “prisoned children” for adoption? nine0012
According to paragraph 2 of the Rules for the transfer of children for adoption (adoption) and monitoring the conditions of their life and upbringing in the families of adoptive parents in the Russian Federation, approved. Decree of the Government of the Russian Federation of March 29, 2000 No. 275, adoption is allowed for minor children whose only parent or both parents:
died;
unknown, declared missing by the court or declared dead; nine0013
were declared legally incompetent by the court;
deprived of parental rights by the court;
gave their consent to adoption in accordance with the established procedure;
for reasons recognized by the court (by adoption) as disrespectful, do not live more than 6 months together with the child and evade his upbringing and maintenance;
if the child is found (placed) and his parents are unknown, then the child can be adopted if there is an act issued by the internal affairs bodies or guardianship and guardianship authorities; nine0013
if the child is left in a maternity hospital or other medical organization, then he can be adopted if there is an act from the administration of the relevant institution.
Obviously, in the case of “children of prisoners”, the mere fact that the biological parent is imprisoned cannot be the basis for recognizing the child as adoptable. After all, the reason why the biological parent does not live with the child for more than 6 months is objective, and therefore “respectful”. The exceptions are those cases where the biological parents either (a) agreed to the adoption, or (b) by their lifestyle to convictions gave grounds to raise the issue of depriving them of parental rights or transferring the child to a foster family for other reasons (for example, they avoided raising a child for more than 6 months).
How realistic is the termination of parental rights in absentia against a parent who is in prison? It may present certain difficulties, since, in accordance with paragraph 4 of Art. 167 of the Code of Civil Procedure of the Russian Federation, the court has the right to consider the case in the absence of the defendant, notified of the time and place of the court session, if he did not inform the court about valid reasons for non-appearance and did not ask to consider the case in his absence. From a formal point of view, being in places of deprivation of liberty is a "good reason for not appearing", therefore, in practice, it is likely that the court will postpone consideration of the application for deprivation of rights until the biological parent is released from places of deprivation of liberty.
Please note that the absence of adoption status does not affect the status of "prisoned children" for guardianship, foster care or foster care, as described above. nine0004
Question 5. Should information about “children of prisoners” be transferred to the database of information about children deprived of parental care?
Yes. According to paragraph 1 of Art. 122 of the Family Code of the Russian Federation and paragraph 1 of Art. 5 of the Federal Law of the Russian Federation of April 16, 2001 No. 44-FZ "On the State Data Bank on Children Left Without Parental Care" PEPs are required no later than a month from the moment the child enters state institution (due to the conviction of biological parents or other reason) to send information about him to the regional operator for registration in the regional data bank and at the same time sending information about the child to the federal data bank. Information about a child deprived of parental care submitted to the database must necessarily indicate restrictions on certain forms of family placement - for example, in the case of “children of prisoners”, the card published for familiarization of candidates will contain “guardianship, foster family”. nine0013
At the same time, the provision of information about children left without parental care to regional operators or the federal operator of the data bank does not relieve the guardianship authorities at the location of the child from the obligation to place him for upbringing in a foster family (clause 3, article 5 of the Federal Law of the Russian Federation on 04/16/2001 No. 44-FZ "On the state data bank on children left without parental care").
Violation by an official of the guardianship authorities of the procedure and / or deadlines for providing the operator of the data bank with information about children deprived of parental care, entails administrative liability in accordance with Art. 5.36 of the Code of Administrative Offenses of the Russian Federation. nine0004
Question 6. What are the practical steps to solve the problem of placing "children of prisoners" in a family?
The most effective way is for interested candidates to apply to the guardianship authorities at the location of the "prisoned child" with a written application to provide information about the child, his status and state of health. The application should include excerpts from this conclusion with reference to the history of the appearance of the child in this institution and to clarify the position of the candidates regarding the possibility of a family placement of this "prisoner child". As experience shows, often the belief of a guardianship officer that "children of prisoners" cannot be transferred to a family for upbringing is based not on a special interpretation of the law, but on ignorance of this law and an attempt to apply everyday ideas about "justice" to such a situation. . A statement that includes elements of explanation and interpretation of the law often helps guardianship officers to expand their knowledge and change their point of view towards compliance with current legislation. nine0013
Thus, there are no legal grounds to deny children who ended up in a state institution due to the imprisonment of their biological parents the right to be raised in a foster, foster or foster family. From the moment of registration as deprived of parental care, information about “children of prisoners” must be transferred to the data bank in the general manner, but with the necessary notes on the forms of family placement.
Olga Mityreva
Family Law Lawyer
www.olgamitireva.org
[email protected]
► About the author of report : Olga Nikolaevna Mitireva, a practicing lawyer, lives and works in Moscow. In 1998 she graduated from the law faculty of the Moscow State Institute of International Relations (MGIMO) with a specialist diploma, in 2001 - a master's degree in law from New York University. Has been practicing law since the age of 1998 years old, has been advising on family placement of orphans since 2005. Author of the free legal aid website for foster parents www.adoptlaw.ru and the legal portal for family care professionals www.namporadomoi.ru . Publisher of books on attachment disorders in orphans at www.attach3me.ru . Regularly conducts classes in schools for foster parents in Moscow (Moscow Service for Psychological Assistance to the Population of Moscow, the Road to Home Foundation, the Planet of the Family Center for Social Assistance, etc.), advises programs on family placement of orphans on the TV channel " Podmoskovye" and on "Radio Russia". nine0013
How can I adopt a child if my own mother is in prison?
Why post profiles of children whose mother is in prison? I really liked the girl, but what will happen when the mother comes out? How will I give my child already? And what will the baby have to go through in such a situation? I do not know what to do - to collect documents or not?
Thank you for your interest in the fate of a girl whose mother is in prison. As a person who grew up in an orphanage, I understand this situation very well. If the mother is in prison, this not only does not encourage the fate of the girl, but also jeopardizes her future. This will haunt her for the rest of her life. The train of the “daughter of the condemned” will follow her. You know that in our country this factor often closes the doors to many future frontiers. Just write that your mother was in prison - as if you yourself were there, and they will disown you as if you were leprosy. nine0013
Your question contains the answer, the hope that the fate of the girl will still be different from that of her mother. A mother from prison is just as unstable as the life of a girl in a government institution. I have rarely seen in my life and social practice that those who have been in prison improve and do not try to drag their children to the bottom. This is the norm for them, it's not even their fault, it's their misfortune. It is in your power to correct this situation, to help the young creature find its own path - a new, renewed, bright one, to grow new roots. For if she lives in the "rays of prison glory", nothing good will happen, especially since she will go from the walls of the orphanage, apparently, only to her, even if she is in prison. Later, you will help her realize the importance of saving her for her own future, and participation in her mother's life will be mandatory, but then. Now she needs you. Help her collect documents. If you need a new consultation, write, I will not leave you. nine0013
Alexander Gezalov
Continuation of the dialogue between Irina and Alexander.
Irina:
Alexander, thank you very much for your answer, but it seems to me that until the situation with the further actions of the bio-mother after her release (August 2012) is clarified, it is not worth taking the child from the orphanage, Maybe she is there and not very good, but she has nothing to compare with, And what a shock the child will experience when her bio-mother, whom she does not remember and does not know, will be taken away from her loving and already dear mothers and fathers, Why cause unnecessary suffering to the baby, Please tell me , after what time a mother can be deprived of parental rights (provided that she does not take the child from dd) I need to know how I can protect my daughter already (absurd, but protect from my own mother) Thank you
Thank you for your question and dialogue. The fate of the girl seems to be of interest to you. Everything you asked is a rather unpredictable moment, and can last from several months to several years. What is important - the determination of the status of the child and the actions of the guardianship authorities on the parental rights of her mother, or is it still the little world that is formed in the soul and heart of this child? The unpredictability of the situation lies in the fact that it is quite difficult to influence it.
So far, I don't see any reason at all to deprive a person of parental rights who is in the correctional system. There is also a girl in the state system. To be honest, the fate of my mother interests me the least. She is an adult who has learned to survive, suffer, love, and so on, and her child does not have such a right and opportunity. It’s not for me to tell you that every minute spent in an orphanage destroys a child’s personality. And, probably, after some time, the opportunity to heal her heart and soul will no longer be presented. The question is how ready you are to take a step towards the girl, realizing her difficulties and the difficulties of her mother. It may be necessary to contact the mother (I think there are no such problems) and find out what she thinks about the future of her daughter and about her life, although most likely the answer will be unequivocal: sitting in prison, it is the child who remains the light in the barred window. Therefore, only the child is in a difficult situation, he is a hostage in this story and he has nowhere to go. nine0013
You can also consult with the guardianship authorities about the fate and prospects of the child, based on their experience. Surely such cases they had, are and will be. From myself, as a father of four children, I will say that the best thing that can be done now is not to leave the child, to arrange a guest regime, explaining to her her collision. The child has nowhere to go, given that she understands everything. There is a choice and it is yours, let's find a compromise together.