Women Behind Bars

Women’s incarceration has increased 800 percent over the past thirty years. The incarceration rate for black woman is double that of white women. Woman are more likely than men to be imprisoned for drug-related offenses. 62% of women in state prisons have minor children, many of whom are forced into foster care or left with relatives who scarcely have the financial resources to care for them.

The separation of families is now widely understood as a human rights crisis also at the Mexican border, yet comparatively little attention has been paid to the destruction of black families in the era of mass incarceration. One in four women in the United States has a loved one behind bars, and the figure is nearly one in two for black women. When men are locked up, the women who love them are sentenced too. They suffer from social isolation, depression, grief, shame, costly legal fees, far-away prison visits (often with children in tow) and the staggering challenges of helping children overcome the trauma of parental incarceration. When loved ones are released from their cages, it is often women who are faced with the daunting task of supporting them as they struggle and often fail in a system rigged against them.

~ from The New Jim Crow by Michelle Alexander

According to The Sentencing Project, my state of Missouri had the 3rd highest rate of female imprisonment in the United States in 2017. Thirty-eight percent of youth incarcerated for status offenses (such as truancy and curfew violations) are girls. More than half of youth incarcerated for running away are girls.

Case in Point

Dorothy Gaines’s life changed when Alabama state police raided her home for drugs. Police found no evidence of Gaines having possessed or sold drugs, yet federal prosecutors charged Gaines with drug conspiracy.  Gaines was a former nurse and devoted mother living in Mobile, Alabama. A self-described “PTA mom,” she always brought snacks to the football field where her son played on the team and her daughter was a cheerleader.

She did not know that her then-boyfriend was dealing drugs. Though the state dropped all charges, federal prosecutors charged Gaines with drug conspiracy eight months later – charges that she disputes to this day. She refused to plead guilty or provide testimony against other defendants, and so, was convicted and sentenced to serve 19 years and 7 months.

She says, “My son jumped in the judge’s lap at sentencing and asked not to take away his mother.” Leaving her children, Natasha, 19, Chara, 11, and Philip, 9, parentless, Gaines was accompanied by marshals to federal prison – her first time on an airplane.

Dorothy explains, “I was always a mother that never, ever went anywhere without my children. I missed taking my children to the park, going to their school, while I was in prison. They wrote me and told me those were the days that they missed, too. Phillip and Chara’s father died when they were two and three. That’s why my children were so distraught: because all that was taken away.”

Thankfully, in December 2000, Gaines received a commutation from President Bill Clinton. Gaines’s advocacy work includes using her own resources to help youth see their incarcerated parents. “My going to prison has not been in vain,” said Gaines. “I will fight until everything has been changed.”

When A Parent Dies

When a parent dies, children can end up with strangers – either in foster care or through adoption.  At one time as my husband and I were rewriting our trust documents, having learned about the realities of a foster care system that sends a young person out the door with no resources at the age of 18, we made provisions to lower the age at which our children could access the financial accounts we had created for them.  Originally, we were more concerned about immature mismanagement of the funds.  From this new awareness, we realized those funds might be critical to our children’s survival, if they lost us.

Losing a parent at any age can be life changing but losing a parent while still in childhood robs the child of important supports going forward.  Death is absolute, so no well-meaning person can change that reality.  If there is no other person – another parent, grandparent or extended family willing to step in – then child welfare and the courts step in.

Even for a young child, closure is necessary, even if understanding is lacking.   Death is an important and natural part of life. Whenever possible, there should be an opportunity to be with someone in death, who has meant something to you in life. It is true, it can be a traumatic shock the first time one sees a dead person but it is also instructive. The intimacy of “saying goodbye” before a burial can help heal a young person’s loss, all the way into adulthood.

Even adult adopted children can be very wounded by being deprived of experiencing the death of their loved one.  When my mom tried to get her adoption file from the state of Tennessee in the 1990s, she was rejected (she was a Georgia Tann adoptee).  More devastating than the rejection was learning that her mother had already died and that door to connect with her forever closed.

Never deny a child this opportunity.  Think about it – who wouldn’t go to their parent’s funeral, regardless of age?  The reality is that it will hurt.  That is death.  Every child (adopted, in foster care or otherwise) deserves a chance to say goodbye.