What happens to children when a single parent is incarcerated?

backpackdiva: What happens to children when a single parent is incarcerated?
Do children automatically get placed into foster care? Does it depend on the family situation? Does the crime or the length of the sentence affect whether or not children are put up for adoption? What if a parent is released early or found innocent? Are the children returned to the parent?

Answers and Views:

Answer by dgos01
Sometimes family can take the children. Otherwise, they are usually made a ward of the state and put into foster homes.

Answer by michaelmoss30054
Pretty complicated to answer …But,The children usually go to the closest relative after DFACS investigates how stable the home is …If not the children go into the state’s custody.

Answer by yng1
If there are no other family members present at the time of the arrest, or those members are unwilling to take the children, the children become wards of the state.

Answer by monstar47
if the incarcerated parent has immediate family, if there living standards is receoomended and social services see where they can care for the child, it is very likely that they can agree on giving them the child, if the child ends up in foster care, and the parent is released early, he/she will still have to go through court to prove to the courts and social services that you are capable of taking care of this child. (very capable). otherwise, u’ll have to live with the fact of your child being given to foster parents.

Answer by zharantan
If the parent is proven innocent, the children are returned. If the other parent is alive, the children are often placed in their custody. They may also be placed in the custody of another relative (grandparents, aunts, uncles, etc). Only if no other family member can be found, will the children be taken by the state and placed in foster care. The child cannot be adopted without the written permission of both parents. As to early release, it will depend upon the conditions of the release or probation.

Answer by rricci94402
I’m no legal expert, but I think that the authorities first try to place the kids with relatives. If that’s not possible, then the kids are placed in foster homes. I assume that if the parent is found innocent, the kid(s) would be returned.

Answer by navy_officer_guy2005
It depends. Children Services FIRST want to pick for the child to go with family. Spouse, grandparents, aunts or uncles. If they can not find a SUITABLE guardian…they will put the child into Foster Care. Depending on the sentence and the heftiness of the crime committed by the parent, the child will be placed into a long term foster care situation where adoption may be an option if the sentence of the parent is longer than I believe … 5 – 7 years. Not sure. It is also up to the judge. There will be a custody hearing in which a judge will decide whether or not the single parent will either: 1. Lose custody all together. 2. Restricted Custody.

It all depends on what the crime was committed, and the sentence received. It is also in the best interest of the child.

Answer by Kristen K
The children become wards of the state and put into foster or group homes, if there is no other family to take them in. They cannot be put up for adoption without the parents signing over their parental rights, no matter how long their incarceration period is. If it’s long term, the children will be in foster care until they reach the age of either 16 or 18 and then they’re on their own. As far as if the crime affects whther the child is put up for adoption, I’d certainly hope that if the parent victimized or molested a child that their own child/children would be taken away from them permanently. The children can be released back to their parents if it is proven that the parent has been rehabilitated.

Answer by fr_chuck
First a child has to have two parents, so unless the other parent has had his paretial rights taken away, he could file for custody.

Also grandparetns, aunts, and so on could also request custody. The children services ( by various names in all states) would make a recommendation to the court who gets the children.

The parent upon release will have to normally petiton the court for custody back,

Answer by ~JeSsIcA~
In Texas, they would go to live with a close relative, that is, if they have one that the State believes will take good care of the them. Otherwise, the state takes care of them until the parent is out of jail and able to take care of them again.