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Article • May 15, 2007
California Prisoner Has Right to Court Access, Child Custody and Visitation by A California appeals court reversed a superior court's order that denied a California state prisoner custody of his children and visitation with them, and which was done without allowing him to appear for hearings on the matter. The …
Article • May 15, 2007
Court Orders Minor Child Visitation in NJ Jail by A federal court in New Jersey ordered that visits by minor children be allowed for pretrial detainees at the Passaic County jail in New Jersey. The court also ordered a special master to file a report on the adequacy of visiting …
Article • May 15, 2007
Filed under: Family, Fathers in Prison
Segregated Prisoner Allowed Visits with His Children by A federal District Court in Wisconsin held that refusing to grant visitation with a prisoner's minor children was unconstitutional. A Wisconsin state prisoner filed a civil rights action challenging a prison's denial of visitation with his two minor children because he was …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis for Adoption by The Oregon Court of Appeals held that a parent's incarceration, by itself, does not provide a sufficient basis to adopt his or her child without consent. In 1998, Daniel M. Moran was incarcerated for being a felon in possession of a …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis to Terminate Parental Rights by The Utah Court of Appeals held that a parent's incarceration alone is insufficient to terminate his or her parental rights. T.B. was incarcerated for most of his daughter D.B.'s life. As a result, D.B. was placed with a foster …
No Liberty Interest in Washington Extended Family Visits by The Washington Supreme Court held that prisoners have no constitutionally protected liberty interest in the DOC's extended family visiting (EFV) program. The court also held that prison officials have broad discretion to approve or deny a prisoner's participation in the EFV …
Article • May 15, 2007
Federal Parole Condition Denying Parolee Contact with His Minor Daughter Upheld by In January of 2004, Gregory Smith completed a 10-year sentence for drug and firearm violations. His parole officer ordered him to stay away from his minor daughter. Even so, he went to several schools looking for her and …
Article • March 15, 2006 • from PLN March, 2006
NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by John E. Dannenberg The U.S. District Court (S.D. N.Y.) ruled that the 60% surcharge (kickback) that the New York State Department of Corrections (NYDOC) receives from …
Article • February 15, 2004 • from PLN February, 2004
When Incarcerated Parents Lose Contact With Their Children by Denise Johnston When Incarcerated Parents Lose Contact with Their Children by Denise Johnston and Michael Carlin, Center for Children of Incarcerated Parents It is becoming increasingly common for incarcerated parents to lose contact with their children, or knowledge of their whereabouts, …
$900,000 Settlement in California Alcoholic's Jail Death From "DTs" by The County of San Joaquin agreed to pay $550,000, and the City of Lodi, California, $350,000, in a March, 2003 settlement of the 42 U.S.C. § 1983 complaint by the surviving children of a 31 year-old detainee with a long …
Mothers in Prison Losing All Parental Rights by Ann Farmer Dial up Michelle Spruill and her gentle voice recording tells you that "if you ever need a helping hand, you can find one at this number." On her other line she signs off, "God loves you and so do I." …
Article • November 15, 2003 • from PLN November, 2003
Texas Courts Clarify Prisoners' Right to Civil Bench Warrant by by Matthew T. Clarke The mechanism for a Texas pro se prisoner to gain transport to court for a hearing is to file a motion for bench warrant or petition for a writ of habeas corpus ad testificandum (WHCAT). Two …
Article • November 15, 2003 • from PLN November, 2003
Incarceration Not Grounds for Termination of Parental Rights in Nevada by In two separate parental rights cases, the Nevada Supreme Court held that imprisonment alone is not sufficient grounds for termination of parental rights. In 1997, the minor child Q.L.R. was born to Roger R. and his wife, Dina M. …
Michigan Visiting Rules Upheld by U.S. Supreme Court by Robert Woodman On June 16, 2003, the United States Supreme Court unanimously upheld visiting restrictions imposed by the Michigan Department of Corrections (MDOC). The decision reverses contrary rulings by the U.S. Sixth Circuit Court of Appeals and a Michigan federal district …
No Administrative Exhaustion in Idaho Child Support Modification by The Idaho Court of Appeals ruled that Idaho prisoners may seek judicial review of Magistrate Court orders setting monthly child support obligations, without first exhausting administrative remedies. Charles Smith was a prisoner at the Idaho State Penitentiary from 1995 until 2001. …
Article • June 15, 2003 • from PLN June, 2003
Incarcerated Father Retains Child Visitation Rights by The Arizona Court of Appeals recently held that an incarcerated father had a right to visits with his infant daughter, absent proof that such visitation would harm the child. Michael M. is the father of Corianna M. Both Michael and Corianna's mother lost …
Article • May 15, 2003 • from PLN May, 2003
The Parents' Project: Parent-Child Prison Visitation Issues Raised by Bazzetta, et. al. v. McGinnis, et. al. by Denise Johnston by Denise Johnston & Michael Carlin In 1999, the Michigan Department of Corrections [MDOC] imposed a broad set of restrictions upon parent-child prison visitation. These restrictions included prohibition of visits to …
Article • November 15, 2002 • from PLN November, 2002
The Parents' Project Advocacy for Incarcerated Fathers: What's Missing? by Denise Johnston Denise Johnston & Michael Carlin T.L. had a son with a woman who lived in another part of his home state. He had little contact with the woman after the baby's birth, and never met her family. When …
Article • November 15, 2002 • from PLN November, 2002
Michigan Visiting Ruling Upheld by In an opinion as strongly worded as the District Court opinion it reviewed, the Sixth Circuit Court of Appeals has upheld a Federal District Court ruling striking down the Michigan Department of Corrections (DOC) severe visiting restrictions as unconstitutional. PLN reported the District Court decision …
Article • November 15, 2002 • from PLN November, 2002
A Sentence of Their Own by Hans Sherrer Directed and Produced by Edgar A. Barens (2001), 64 minutes, VHS video, $125 Review by Hans Sherrer Produced in the form of a home video, A Sentence of Their Own documents the negative impact of a man's 1996 seven-year prison sentence on …
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