A Wisconsin court has ruled to mandate the state to provide incarcerated mothers the chance to maintain physical custody of their infants for the first year of their children's lives.
The situation comes as there are state laws that have been in place for more than three decades requiring the Department of Corrections (DOC) to provide such programs. However, this particular legislation has yet to be fulfilled in earnest.
Mothers and Their Infants
One example is Alyssa, who is serving a two-year sentence at Robert E. Ellsworth Correctional Center in Union Grove, Wisconsin. She became pregnant and gave birth to a child while she was incarcerated.
Alyssa said that whenever she went to the county jail for appointments, she would be placed in handcuffs, sit in the waiting room of her doctor's office, and feel the indignity of prenatal care while visibly incarcerated.
When she went into labor, the male guards were still present until the time Alyssa was about to push her baby out. During that time, she had no idea about the identities of anyone in the room with her. She was then separated from her baby, Bentley, soon after giving birth, according to ACLU Wisconsin.
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Alyssa said that her infant being taken away from her was one of the hardest things that she experienced in her life. She added that with her other children, she has always been a part of their lives during this early stage.
The incarcerated mother's separation from her baby was not only emotionally taxing but also considered illegal in Wisconsin. State statute 301.049, which was established in 1991, requires the DOC to offer jailed mothers physical custody of their infants in the least restrictive setting.
Wisconsin Mandate
Circuit Court Judge Stephen Ehlke ruled in favor of the plaintiffs in a case in support of statute 301.049. The judge said that the plaintiffs, two incarcerated mothers, were able to establish a "clear right" to be considered for the program, the Wisconsin Examiner reported.
Now, the American Civil Liberties Union of Wisconsin expects to work with the DOC to determine a realistic timeline for implementing the program. The non-profit organization's legal director, Ryan Cox, added that they hope the final judgment also reflects the same sentiment.
Cox noted that the first year of an infant's life is so crucial to their emotional development as well as their connection to their mothers and families. He argued that there are implications that would last for the rest of their lives if they were separated from their mothers during that time, as per Urban Milwaukee.
