Incarcerated Parents
On May 26, 2010, the Michigan Supreme Court decided the case of In re Mason. The court held that in all cases in which the department must make reasonable efforts to reunify a family:
• The petitioner must ensure that an incarcerated parent has the opportunity to participate via telephone in every court hearing in a child protection proceeding.
• DHS and Private Agency Foster Care (PAFC) providers must ensure that an incarcerated parent has an opportunity to participate in the development of a case service plan that addresses that incarcerated parent’s identified needs and is evaluated on the basis of his or her compliance with and benefit from that plan.
• The petitioner must not rely solely on a parent’s incarceration to establish a ground to terminate his or her parental rights.
Since the Mason decision was issued, the Michigan Court of Appeals has reversed several orders terminating the parental rights of incarcerated parents and remanded the cases to the trial courts for further proceedings.
Policy Study
Refer to your online manual for answers to the following questions:
FOM 722-10
· What must the court allow for a parent incarcerated by the Michigan Department of Corrections (MDOC)?
FOM 722-6
· Name the four sources listed in the policy for locating an incarcerated parent.
1.
2.
3.
4.
· Must a worker maintain monthly contact with an incarcerated parent?
· Policy mentions six items that must be included asked in a letter to the incarcerated parent. They are:
1.
2.
3.
4.
5.
6.
· What must the worker do with the incarcerated parent related to the Parent Agency Treatment Plan?
o FANS
o Services
o Input
o Once PATP is completed
· Later in 722-6 worker visits with parents are discussed. What does policy direct regarding worker visits with incarcerated parents?
· Later in 722-6 parenting time requirements are discussed. Under what conditions must you NOT arrange for visits between an incarcerated parent and child?
v With your mentor, review a case that involves an incarcerated parent.