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Applications to have any baby reside with the prisoner mother in a self-care unit or brought into the Prison for the purposes of feeding and bonding must be made to the Prison Manager. The Social Worker on behalf of the Prison Manager will liaise with the Ministry of Justice and Child, Youth and Family to clarify any legal orders pertaining to the baby and will consult with other Corrections Staff where appropriate.
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The Prison Manager is responsible to ensure a comprehensive report(s) is developed by appropriate staff, such as the Social Worker, which includes:
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Summary of offence and sentence/remand details including earliest release date.
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Assessment of the prisoner, including the prisoner’s response to imprisonment, programme participation, conduct and a detailed history of the prisoner. This includes the physical and mental health of the prisoner. If the prisoner is assessed as having high needs, this may have operational impacts for the prison and subsequently effect the “best interest’ determination of the baby in respect to consistency of care.
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Assessment of the health needs of the prisoner mother to ensure she is able to care for the baby.
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Assessment of the health needs of the baby. If a baby requires frequent medical care, which requires visits to a community medical practitioner or hospital, this may pose operational constraints.
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An assessment of the prisoner’s reason for requesting to have the baby in custody.
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Detailed inquiries and assessment of the baby’s current placement and available alternative caregivers. The inquiries should also consider the day-to-day cares of the child, indicating whether the prisoner has legal custody of the baby and any access rights that other parties may have.
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Any contact of the baby or prisoner with Child, Youth and Family , or other relevant agency.
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An assessment of the person(s) or agency nominated by the prisoner to care for the baby should the prisoner be unable to continue to care for the baby in prison or when the baby reaches 9 month of age.
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The process for approval of an alternative caregiver for a prisoner’s baby is outlined in paragraph 4 "Approval of an Alternative Caregiver for a Prisoner's Baby" section below.
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The process of determining the prisoner’s appropriateness to have her child reside in a Self-care unit or use the feeding-bonding facilities is outlined in paragraph 5.
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In each application, the Prison Manager will give specific attention to whether the placement with the prisoner mother is in the best interests of the baby.
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The Prison Manager will give specific attention to the total number of babies currently being facilitated in a Self-care unit or feeding and bonding facility in respect to the operational capacity of these areas.
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Once an application for the Self-care unit or use of a feeding and bonding facility has been made, the prisoner should be referred to an interview and assessment with the Prison Social Worker.
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The primary purpose of the assessment is for a social worker to determine whether there are any valid care and protection issues associated with the prisoner mother that need to be addressed.
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However, it should also ensure that the prisoner mother nominates at least two alternative caregivers. It should be explained to the prisoner that this caregiver may be called upon to either:
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Care for the baby outside of the prison once it is born;
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Care for the baby outside of the prison once it is born and bring the baby into the prison on a daily basis to feed and bond with the prisoner mother until it reaches nine months;
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Care for her baby outside the prison once it reaches the upper age limit of nine months and has left the Self-care Unit; or
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Uplift the baby from the Self-care Unit in the event of an emergency.
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During the assessment the Social Worker should also obtain the prisoner’s permission to contact the primary nominated alternative caregiver and any other relevant parties (e.g. the baby’s father). The purpose of this contact is to:
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Following this contact, and based on the information they have, the Social Worker should determine whether they believe there are any valid care and protection issues with the nominated alternative caregiver. This should be outlined in the final report outlining the prisoner’s application to the Self-care Unit or use of feeding and bonding facilities to the prison’s Prison Manager.
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Should the Social Worker decide that there are valid care and protection issues associated with the nominated alternative caregiver they should discuss this with the prisoner and obtain approval to contact the prisoner’s second choice for alternative caregiver. If the prisoner is unwilling for this to occur notification of the care and protection issues associated with the primary alternative caregiver should be made to Child, Youth and Family for review. This should be submitted by calling the Child, Youth and Family Call Centre on 0508 FAMILY.
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The Social Worker and Prison Manager will be informed in writing by Child, Youth and Family of their decision regarding the notification of care and protection issues associated with the alternative caregiver, and the placement of the prisoner’s baby. This could involve Child, Youth and Family removing the baby from the prisoner mother once it is born.
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Following written notification from Child, Youth and Family , the Social Worker should ensure that the prisoner is informed of the outcome and where appropriate discuss the nomination of another alternative caregiver.
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Should Child, Youth and Family choose not to action the notification or determine that the care and protection issues are not valid the alternative caregiver should be recommended as the primary alternative caregiver in the final report to the prison’s Prison Manager.
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Once an application for the Self-care Unit has been made, the prisoner should be referred to an interview and assessment with the Prison Social Worker. The purpose of the assessment is for the Social Worker to determine whether there are any care and protection issues associated with the prisoner mother that need to be addressed. It should also address any issues the prisoner may have regarding the birth of her baby and discuss what needs to occur before the baby reaches nine months of age and leaves the unit to live with an alternative caregiver.
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Following this assessment the Social Worker should complete a written report for the Prison Manager. This report will inform the Prison Manager’s decision on the placement of the prisoner and her baby and should outline whether any care and protection issues have been identified:
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If no care and protection issues have been identified, and there are no other concerns regarding the prisoner’s eligibility (such as security or operational issues) the report should recommend that the prisoner is placed in the Self-care Unit;
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If care and protection issues associated with the prisoner mother have been identified, this should be outlined in the report to the Prison Manager, and notification should be made by the Social Worker to the Department of Child, Youth and Family for review. This should be submitted by calling the Child, Youth and Family Call Centre on 0508 FAMILY. The report should recommend that the prisoner mother be allowed the use of the Feeding and Bonding facility, with placement to be reviewed once Child, Youth and Family have informed the prison of their decision regarding the notification of care and protection issues.
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The Social Worker and Prison Manager will be informed in writing by Child, Youth and Family of their decision regarding the notification of care and protection issues. Should Child, Youth and Family decide that there are care and protection issues, the prisoner mother should have use of the Feeding and Bonding facility until Child, Youth and Family have made a decision about the placement of her baby (this could involve Child, Youth and Family removing the baby from its current situation). All cases in this instance should primarily be dealt with by the Prison Social Worker on a case-by-case basis under the guidance and direction of Child, Youth and Family .
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Should Child, Youth and Family decide that there are no care and protection issues associated with the prisoner mother, the Prison Manager should approve that the prisoner mother and her baby should reside in the Self-care Unit until the baby has reached nine months of age, provided she meets all the other entry criteria.
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In either case, the Social Worker should ensure that the prisoner is informed of the outcome and provide appropriate support or guidance where necessary.
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A copy of the Social Worker’s report to the Prison Manager and management plan will be placed on the prisoner mother’s file once completed and signed off.
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The prisoner mother may be refused to have her baby reside with her in prison or attend a feeding and bonding unit especially if she fails to satisfy any of the entry criteria applicable.
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In the case of a women prisoner who is pregnant and does not meet the criteria for the Self-care Unit or Feeding and bonding unit, arrangements must be made in consultation with the Prison Social Worker, the prisoner, the alternative caregiver and other relevant agencies such as Child, Youth and Family , and Plunket, for her to be separated from the baby soon after birth. The prisoner mother must be involved in planning the separation, where appropriate. Where the safety of the baby is at risk, or there is a legal supervision order in force, Child, Youth and Family will take the lead.
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Where an “emergency reception” has been granted and the baby is already living with the prisoner mother in prison, arrangements must be made to hand the baby to the agreed alternative caregiver. If the alternative caregiver is not available, the Prison Manager has an obligation to notify Child, Youth and Family of this arrangement.
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If the recommendation of the Prison Manager is not to approve the prisoner mother’s application to have her baby reside in prison or attend the feeding and bonding facility, this message must be conveyed to the prisoner mother in writing with a full explanation for the decision.
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The letter in the form of Annex E and report must give reasons for the decision, make clear whether the decision is open to review and if so, when the prisoner mother may apply again, and include consideration of a separation plan if the prisoner mother is pregnant.
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A request to review the decision can be made by the prisoner to the Regional Manager. The prisoner must submit an interview slip to see the Regional Manager stating they request a review of the decision. The Prison Manager must inform the Regional Manager within 1 working day and the Regional Manager must see the prisoner within 7 working days.
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Planned separations when the baby reaches nine months of age must be agreed upon by the Prison Manager and prisoner mother in consultation with the Prison Social Worker, Unit Manager, alternative caregiver, and other relevant agencies such as a Child, Youth and Family representative or Plunket representative.
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Self-care Unit placement ceases when the prisoner:
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voluntarily requests removal from the Self-care Unit
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is removed from the Self-care Unit by prison management because of an inability to cope, safety or disciplinary reasons
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is released
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is paroled
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the baby reaches 9 months of age.
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For prisoners in the Self-care Unit on the “mother and child” placement the service ceases when the baby reaches 9 months of age OR if continued contact with the mother is deemed no longer to be in the best interests of the baby.
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Once the baby has been born, and no less than six weeks prior to the baby leaving the Self-care Unit, the Social Worker should ensure a meeting is held between the alternative caregiver, prisoner mother, unit manager and the prisoner’s case officer. The purpose of this meeting is to agree on a plan for how the baby’s move from the Self-care Unit and separation from the prisoner mother should be managed. A copy of the separation management plan will be placed on the prisoner mother’s file once completed and signed off.
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This plan should include the recommendation that the alternative caregiver take the baby out of the prison on regular outings prior to its departure from the unit, including overnight stays with the alternative caregiver. The purpose of this is to allow bonding to occur between the alternative caregiver and baby, and for the prisoner mother and baby to become accustomed to not being together.
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It is recommended that these outings commence eight weeks prior to the baby’s departure, however this should be negotiated with the prisoner mother and caregiver who may wish to begin the outings earlier or later. Regular outings should commence no later than four weeks prior to the date the baby is due to leave the unit.
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Throughout this process unit staff should ensure adequate support is given to the prisoner mother. Once the baby has been removed from the prison, the unit manager should ensure that the prisoner is given the opportunity to spend time with the Prison Social Worker before returning to their unit.
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Two weeks after the baby has left the prison the unit manager should ensure that the Prison Social Worker carries out a follow-up interview with the prisoner mother. The purpose of this interview is to address any issues the prisoner mother may be having following the release of her baby and to determine whether any further support is needed.
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Apart from the separation of a prisoner mother and baby as agreed above, there may also be occasions where a prisoner mother may be either temporarily or permanently separated from her baby. Circumstances when this may occur include:
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In the interests of the baby’s safety, in a situation of a prison emergency, the Prison Manager or delegate may make arrangements to remove the baby from the prison and make alternative arrangements for the babies care.
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Where the prisoner mother has failed to comply with the terms of the parenting agreement or feeding and bonding unit agreement.
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When as a consequence of a disciplinary offence, or blatant and / or persistent misdemeanors that are likely to affect the baby in the Self-care unit, it is no longer possible for the prisoner mother to remain in the unit with her baby.
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The baby is being neglected to the extent that it is deemed by the Prison Manager upon advice from a medical practitioner to be in need of care and protection. The Prison Manager must contact Child, Youth and Family if there are any concerns of possible abuse or neglect upon the baby.
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The Courts rule that alternative day-to-day care arrangements be made.
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The baby becomes chronically ill, and on advice of a medical practitioner, appropriate medical treatment could not be maintained in prison or the nature of the illness means the prison cannot arrange the required custodial support, such as daily visits to hospital.
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Any prisoner mother found guilty at adjudication by the Prison Manager, Visiting Justice or outside Court of administering drugs, illegal possession of drugs or items associated with drug taking or proven to be supplying drugs will have her baby removed. The safety of the baby under these circumstances is paramount.
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When a prisoner mother for health or medical reasons is unable to look after the baby.
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In the event of any of these circumstances, before the baby is removed from the care of the prisoner mother, the following must be ensured:
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Should it become necessary to remove the baby from prison, the baby will be placed with a person or agency nominated by the prisoner mother who was agreed to as part of the application process. The person or agency nominated must agree to provide emergency care.
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The alternative caregiver is to be nominated by the prisoner mother during the initial application process.
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If the prisoner mother is unable to nominate an alternative caregiver for the baby, the Social Worker is to liase with Child, Youth and Family , or an appropriate agency, to identify an alternative caregiver, that is agreed upon by all parties.
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Should the prisoner mother wish to change the alternative caregiver, or should any details of the nominated caregiver change during the period the prisoner mother and baby are in prison, the Unit Manager will ensure that the necessary amendments are made to prison records, and the placement agreement.
