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Parents Losing Children Because They Can’t Repay Foster Care Costs Incurred During Incarceration
Loaded on March 1, 2023
by Jo Ellen Nott
published in Prison Legal News
March, 2023, page 57
Filed under:
Parental rights,
Children of Prisoners,
Parent/Child Privilege.
Location:
United States of America.
by Jo Ellen Nott
When parents are incarcerated, their children are often placed in foster care. A little-noticed federal law from the “tough on crime” Reagan era requires states to bill those parents for a portion of their kids’ foster care. But since federal subsidizing of foster care …
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More from this issue:
- With “Fox in Charge of the Henhouse,” Almost All Misconduct Accusations Against BOP Staff Result in No Discipline, by Benjamin Tschirhart
- Tenth Circuit Affirms Denial of Qualified Immunity to Utah Jailers After Detainee’s Withdrawal Death, by David Reutter
- From the Editor, by Paul Wright
- Riot and Escape at Nevada Prison Lead to Charges Against Four Guards, Firings or Resignations of Top Officials, by David Reutter
- In an Ominous Pattern, People Are Dying Once Transferred to Louisiana Prison, by Victoria Law
- Alabama County Ends Controversial Policy Using Women’s Pregnancies to Jail Them, by Ashleigh Dye
- Former California Prison Warden and Guard Accused of Sexual Misconduct with Two Dozen Prisoners and Coworkers, by Jo Ellen Nott
- California Governor Vetoes State’s Humane Solitary Confinement Bill, by Kevin Bliss
- Fifth Circuit: Texas Prison Property Rules Withstand Scrutiny Under Religious Free-Exercise Clause, by David Reutter
- Seventh Circuit Revives Indiana Prisoner’s Claim He Was Wrongfully Fired From Prison Commissary for Attending Religious Service, by David Reutter
- Illinois Supreme Court Orders State DOC to Fund Required Treatment and Housing for Sex Offender’s Conditional Release, by David Reutter
- “Acres of Skin” – Redux, by Gregory J. Dober
- SCOTUS Helps Revive Malicious Prosecution Claim Against Chicago Police Officers, by Kevin Bliss, David Reutter
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit Over Flesh-Eating Infection, by David Reutter
- Eighth Circuit Affirms Conviction and Sentencing of Former Arkansas Sheriff for Assaulting Detainees, by Harold Hempstead
- $1.455 Million Settlement for Discrimination Against Black Minnesota Jail Guards Barred from Watching Floyd Killer, by David Reutter
- Pennsylvania Guards and Their Attorneys Spanked for Discovery Abuse in Prisoner’s Excessive-Force Suit, by David Reutter
- Pennsylvania County Commissioner Barred from DA’s Email After Own Prison Record Is Purged and Jail Key Copied, by Kevin Bliss
- Seventh Circuit Says Fourth Amendment Does Not Require Bail Hearing Within 48 Hours of Arrest, by Benjamin Tschirhart
- Fifth Circuit Greenlights Suit by Louisiana Prisoners Held in Local Jails Beyond Release Date, by Matthew Clarke
- More Drugs Seized by Florida DOC During COVID-19 Lockdowns Than Before, by David Reutter
- Fifth Circuit: No Liability for Texas County that Improperly Relied on Polygraph to Imprison Released Sex Offender Additional 13 Years, by Benjamin Tschirhart
- Federal Court Holds Illinois DOC in Contempt for Failing to Remediate Substandard Healthcare, by Douglas Ankney
- Second Circuit Reinstates N.Y. Prisoner’s Excessive Force Claim, Finding Grievance Procedure ‘Unavailable’ in Mental Health Unit, by David Reutter
- $175,000 Paid by California County to Escaped Prisoner Mauled By K-9 During Recapture, by Keith Sanders
- After 13 Jail Deaths in Eight Months of 2022, California Sheriff Finally Reveals How They Happened, by Benjamin Tschirhart
- $87,000 Paid to Virginia Prisoner Kicked in Testicles by Guard, by Benjamin Tschirhart
- Tenth Circuit Revives Kansas Prisoner’s Claim That He Was Denied Access to Court, by Anthony Accurso
- Alabama Supreme Court Says Prisoner Who Didn’t Return From Work Release Punishable Under Felony Escape Statute, by David Reutter
- Third Former Guard at Troubled Federal Prison in Brooklyn Sentenced After Retrial and Conviction for Raping Prisoner, by Chuck Sharman
- Ex-Felon “Dirtbags” Accused of Ordering Hit on Detainee at Florida Jail, But Questions Linger, by Jo Ellen Nott
- Seventh Circuit Sides With Muslim Prisoner, Bars Strip Search by Transgender Wisconsin Guard, by David Reutter
- Hospitalized California IST Defendants Entitled to Jail Conduct Credits, by Mark Wilson
- Judge Dismisses Suit Filed by California Town to Keep State Prison Open, by Keith Sanders
- Florida DA Reopens Cold Murder Case, Exonerates Wrongly Imprisoned Man, Finds Real Killers – and Gets Axed by Governor, by David Reutter
- 18 Stabbings in Less Than Nine Months at Oklahoma CoreCivic Prison, by Keith Sanders
- Hypothermia Kills Prisoner in Cold Pennsylvania Jail Cell, One of 17 Deaths Since 2019, by Jo Ellen Nott
- $14,000 Paid by California to Mentally Ill Prisoner Who Alleged Repeated Maulings by Guards, by Douglas Ankney
- Smuggling Ring Busted in Georgia Jail, 11 Arrested Including Four Guards and Former Nurse, by Jo Ellen Nott
- North Dakota Guard Fired After Suicide of Convicted Quadruple Murderer, by Justin McFatridge
- Massachusetts High Court: Lawmakers Haven’t Stopped Sheriffs From Taking Kickbacks from Jail Phone Calls, and Neither Will We, by Benjamin Tschirhart
- After Botched Lethal Injection, Alabama Will Execute Prisoner by Nitrogen Hypoxia, by David Reutter
- Elderly Prisoners Catch a Break on Medicare Part B, by Eike Blohm, MD
- Second Hunger Strike Met With Pepper Spray at Washington GEO Group Lockup Where ICE Detainees Allege Widespread Sexual Abuse, by Keith Sanders
- Another Prisoner Dies in Another Fire at Indiana Prison, by Jo Ellen Nott
- Alabama Prisoner’s Deliberate Indifference Claim Dies for Lack of Proper Affidavits, by David Reutter
- $350,000 Settlement Reached in Florida Prisoner’s Murder, by David Reutter
- Transgender Idaho Prisoner Who Won Gender Conforming Surgery Awarded Over $2.6 Million in Legal Fees, by Eike Blohm, MD
- Colorado’s Halfway Houses Returning Half of Residents to Prison, by Keith Sanders
- Parents Losing Children Because They Can’t Repay Foster Care Costs Incurred During Incarceration, by Jo Ellen Nott
- Second Circuit Affirms Qualified Immunity for Connecticut Cops who Sicced K-9 on Suspect in His Holding Cell, by Casey Bastian
- CoreCivic Still Accruing Fines for Short-Staffing Florida Jail Where Developmentally Disabled Teen Was Raped, by Ashleigh Dye
- Over $298,000 Awarded to Alabama Jail Detainee with Heart Disease After Guards, Nurses Ignored Firing Defibrillator, by David Reutter
- $857,500 Paid by California County for Jail Detainee’s Death, While Cellmate Who Beat Him Is Now in State Prison, by David Reutter
- Nebraska Assistant Warden Avoids Prosecution for Sexually Abusing Prisoner, Pleads Guilty to Lesser Charge and Gets a Year in Jail, by Benjamin Tschirhart
- Former PLN Editor Settles Suit Over Detention in Tennessee ‘Iron Man’ Cell, Gets 40-Year Prison Term for Vandalizing Nashville Jail, by Benjamin Tschirhart
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, by David Reutter
- News in Brief
- GTL Ordered to Pay $18.675 Million in Attorney Fees and Costs in Prison Phone Class Action, by Anthony Accurso
More from Jo Ellen Nott:
- Uncounted COVID Deaths Reveal a Troubling Truth About Official Death Records, May 1, 2026
- Nearly 50 People Have Died in ICE Custody Since Trump’s Return to White House, May 1, 2026
- The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, May 1, 2026
- Colorado Limits the Use of Faulty Field Drug Tests, May 1, 2026
- Guilty Until Proven Innocent: The Due Process Risks of Automated Traffic Enforcement, May 1, 2026
- No Blood, No Proof: Study Challenges Post-Cleanup DNA Evidence, April 1, 2026
- New Study Exposes Reliability Gap in Traditional Time-of-Death Methods, April 1, 2026
- Leaked Video Footage Shows California Prison Guards Engaged in Retaliatory Assault, March 1, 2026
- Texas Prisoner Declared Innocent 70 Years After Execution, March 1, 2026
- Maryland Prisons Reel from Growing Number of Prisoner Deaths, March 1, 2026
More from these topics:
- Wisconsin Hasn’t Created Prison Nursery Program, One Year After Court Order, March 1, 2026. Injunctions, Mothers in Prison, Parental rights, Children of Prisoners.
- Colorado Children Sue County Jail to Fight Visitation Ban, Dec. 1, 2025. Telephone Rates, Video Visitation, Children of Prisoners, 42 U.S. Code § 1983, civil action for deprivation of rights, Private Phone Contractors.
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025. Systemic Medical Neglect, Medical Neglect/Malpractice, Children of Prisoners, Parent/Child Privilege.
- First Circuit Affirms Denial of Qualified Immunity to Maine Guards who Ogled Prisoner During Childbirth, July 15, 2025. Staff-Prisoner Harassment, Qualified Immunity, Children of Prisoners.
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025. Parental rights, Parent/Child Privilege.
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025. Settlements, Children of Prisoners, Immigration Law/Offenses.
- Biden Clemencies Include Imprisoned Native American Activist, “Kids for Cash” Judge, March 1, 2025. Native American, Children of Prisoners, Judicial Disqualification/Misconduct.
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
- Missouri Moms Jailed After Kids Miss Too Much School, April 1, 2024. Family, Mothers in Prison, Children of Prisoners, Vagueness/Overbreadth.

