Are female inmates able to keep their babies in jail in New York State? Many women look forward to motherhood, but is it legal to be a hands-on mom while incarcerated?
An unfortunate side effect of crime is the consequences on the children. Many mothers who are in jail or prison end up abandoning the day-to-day care of their kids who end up being raised by family members or enter the state system. Some women are arrested and detained before they give birth. In New York State, the law says that women who end up giving birth while in custody must not be restrained during childbirth or after giving birth. That’s not the only exception made for new mothers in jail.
In New York State, pregnant women who give birth behind bars are allowed to raise their children while in custody.
“If any woman, committed to any such correctional institution at the time of such commitment is the mother of a nursing child in her care under one year of age, such child may accompany her to such institution if she is physically fit to have the care of such child, subject to the provisions of subdivision two of this section.”
After the year is up, the child will be removed from its mother’s care, if she is still incarcerated and placed in the care of a family member or the state…