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COMMISSIONER'S DIRECTIVEINSTITUTIONAL MOTHER-CHILD PROGRAM
[ Policy Objectives
| Pre-Eminent Consideration
| Authority
| Cross-References
| Definitions
| Accommodation
| Responsibilities - Institution
| Duty to Report to the Child Welfare Authorities
| Equipment and Materials
| Program Eligibility
| Assessment Process for Program Participation
| Child Welfare Authorities
| Notification to the Inmate
| Parenting Agreement
| Forms
| Correctional Plans
| Case Reviews
| Inmate Babysitters
| Health Care for Children in the Program
| Formal Counts
| Identification Cards
| Children's Personal Effects
| Child Monetary Assistance
| Searches of Children Participating in the Program
| Termination of the Program
| Management of Emergencies
| Continuity
| Passage of the Child from the Institution to the Community
| Responsibilities - Community
| Death of a Child in the Program
| Program Evaluation
| Financial Considerations
| Annex A Child Product Safety Reviews
| Annex B Non-Intrusive Searches
| Annex C Assessment Report for Participation in the Mother-Child Program
| Annex D Forms (list) ]
1. To provide a supportive environment that fosters and promotes stability and continuity for the mother-child relationship. 2. To detail operational practices required to implement, maintain and monitor the Mother-Child Program. 3. The best interests of the child shall be the pre-eminent consideration in all decisions relating to participation in the Mother-Child Program. The best interests of the child include ensuring the safety and security as well as the physical, emotional and spiritual well-being of the child. 4. Corrections and Conditional Release Act, sections 76 and 77. 5. Cross-references include:
6. "Mother" means biological or adoptive mother, legal guardian or step-mother. 7. The Mother-Child Program has two levels of participation.
8. Inmate accommodation (single occupancy) shall have priority over the Mother-Child Program in both the long and short term. RESPONSIBILITIES - INSTITUTION Institutional Head 9. The Institutional Head shall:
10. The Institutional Head shall ensure:
Staff 11. Except in situations where the child may be at risk of abuse or neglect, staff shall encourage and support the inmate in her parenting role in a non-intrusive/non-interventionist manner. 12. Under the guidance of the Team Leader or Program Director, the Primary Worker shall:
13. At no time shall staff take a child home with them. In emergency situations only, staff may look after a child within the institution until the alternate caregiver, volunteer or inmate babysitter is available. Program Board 14. The Program Board shall:
DUTY TO REPORT TO THE CHILD WELFARE AUTHORITIES 15. Staff members shall immediately report any suspected child abuse and/or neglect to the Institutional Head who shall normally inform the local child welfare and police authorities. 16. Essential and age-appropriate equipment and materials required for the safety, health and development of the child shall be provided by the institution. Provision of additional equipment and materials is the mother's responsibility. 17. Only women inmates classified as minimum or medium security and who are housed in institutions that offer the program are eligible to participate. 18. Women convicted of a crime involving a child are not eligible to participate in the program unless a psychiatric assessment, completed by a psychiatrist selected by the Institutional Head (after consultation with the child welfare authorities), determines that the inmate does not represent a danger to her child. Children Eligibility 19. The upper age limit of the child for full-time residency is four years (at the fourth birthday). 20. The upper age limit of the child for part-time residency is twelve years of age (at the thirteenth birthday). 21. Alternate age limits may be considered; however, the request and rationale must be presented in writing and must be approved by the Deputy Commissioner for Women and the Regional Deputy Commissioner. ASSESSMENT PROCESS FOR PROGRAM PARTICIPATION 22. Inmates must meet all eligibility requirements to be considered for acceptance into the Mother-Child Program. 23. Inmates wishing to participate in the Mother-Child Program shall complete an application form. This includes women giving birth while incarcerated. 24. Following receipt of the mother's application, the Program Board (and the Elder where appropriate), shall complete an assessment report for participation in the Mother-Child Program. It shall include the information outlined in Annex C of this CD as well as the following:
25. Based on this assessment, the Program Board (and the Elder where appropriate) shall recommend to the Institutional Head whether it is in the best interests of the child to participate in the program. 26. Child welfare authorities shall be consulted to assist in the assessment of the best interests of the child. Authorities shall be asked for a written assessment and all correspondence shall be documented. 27. In the event the child welfare authorities do not provide a written assessment, CSC shall contract with a child care specialist or a child psychologist to complete the assessment. 28. Written assessments shall address the information specified in paragraph 24. 29. The mother shall be provided with written notification of the Institutional Head's decision to accept, refuse or terminate program participation. The notification shall include detailed reasons for the decision, which is grievable. 30. When the decision is made to refuse admission to the program or terminate participation, the mother shall be provided with the reasons for the decision, in writing, within three (3) working days. Where applicable, the date when the mother may re-apply to participate in the program shall be provided. 31. The Parenting Agreement and its Annexes set out the terms and conditions of the program. The mother must abide by these terms and conditions. 32. Women must sign the Parenting Agreement and its Annexes to be accepted into the program. The mother shall be provided with a signed copy of the Parenting Agreement. 33. The mother shall be given the opportunity to consult with legal counsel at her own expense prior to signing this agreement. 34. Based on the assessment process, the Program Board may recommend additional conditions to the Parenting Agreement. These conditions shall be approved by the Institutional Head. 35. All forms shall be signed by the mother and witnessed. Any modifications shall also be signed by the mother and witnessed. 36. The forms required for the program are listed in Annex D of this CD and can be found on the Infonet. 37. The Mother-Child Program, while not directly addressing an inmate's criminogenic factors, does help to prepare the inmate for community reintegration on release. As such, the program shall be included in the Correctional Plan. 38. In addition to ongoing monitoring, the case of each mother and child participating in the program shall be reviewed by the Program Board after one month and then every six months to ensure that program participation continues to be in the best interests of the child. Reviews can also take place at other intervals should staff believe it necessary. Any changes to program participation shall be reflected in the Parenting Agreement. The review criteria include:
39. The mother shall ensure that her Parenting Agreement is kept up to date. Amendments to this agreement shall be made in a timely manner. 40. The inmate babysitters proposed by the mother must be approved by the Program Board and shall meet the following criteria:
HEALTH CARE FOR CHILDREN IN THE PROGRAM 41. All routine health care for the child shall normally be provided by community health care agencies outside of the institution, unless alternate arrangements are made (see Annex B of the Parenting Agreement). Day-to-day assistance may be provided by the institutional Health Care Services if the resources are available. 42. Staff shall provide assistance to the child in medical emergencies. 43. Whenever more frequent check-ups are necessary, the mother shall have every opportunity to arrange for these visits. 44. The mother's consent is required for health care intervention for her child (see Annex B of the Parenting Agreement). 45. Staff shall provide mothers who are unable to leave the institution with the opportunity to discuss their child's health with the health care professional by telephone and to sign a consent form for treatment for their child, if it is required. 46. If the mother's condition renders her incapable of making a decision, the alternate caregiver named in Annex B of the Parenting Agreement shall be contacted to intervene. If staff are unable to communicate with the alternate caregiver, the child welfare authorities shall be contacted. CSC staff cannot provide authorization. 47. The children's presence in the institution shall be verified at each of the four formal visual counts of inmates. 48. During security rounds (as part of their ongoing monitoring) staff shall verify the child's status if they have reasonable grounds to believe the child's health or well-being is compromised. 49. The Service shall provide a photo identity card for the child. Cards shall be replaced annually. For infants under 2 years of age, the cards shall be replaced every six months. A copy of the child's picture shall be kept on the mother's institutional file. 50. The card shall include a physical description and the date of birth of the child, the name and telephone number of the institution, as well as an emergency telephone number if different from above. 51. Children's personal effects shall be considered separate from the mother's in terms of institutional limits and dollar value. The dollar value of a child's personal effects (not including furniture) shall not exceed $500. 52. All monies received for child care expenses shall be deposited into the inmate savings account. 53. Expenditures that the mother makes directly for her child shall not be included in the calculation of the annual permitted expenditures of the inmate mother for herself. 54. Goods and equipment received for the child shall not be considered as gifts or parcels for the mother; however, they shall be subject to both a safety review and search. SEARCHES OF CHILDREN PARTICIPATING IN THE PROGRAM 55. Frisk searches and strip searches of children in the program are not permitted under any circumstances. Only non-intrusive searches (i.e., no physical contact - see Annex B of this CD) and searches of areas/rooms are permitted. A "non-intrusive search" means:
56. A non-intrusive search shall be carried out by means of a hand-held scanner, a walk-through scanner whereby the person being searched is required to walk through a metal detector scanner, or any similar non-intrusive device. 57. Staff shall carry out searches with the utmost discretion and consideration for the impact on the child, and with sensitivity to the child's gender and age. Consent 58. To participate in the Mother-Child Program, the mother must sign Annex F of the Parenting Agreement, whereby she acknowledges that her child and her child's room and contents may be subject to searches as described in paragraphs 62-66. 59. The mother shall normally be present when her child is searched. If the mother cannot be present, the reason for her absence shall be documented. 60. At the time of the search, mothers must consent to their child being searched. Consent shall normally be in writing; however, if the mother cannot be present for the search, her consent may be verbal (see form entitled "Consent to the Search of a Child Participating in the Mother-Child Program"). 61. If the mother refuses to permit a search, her participation in the program shall be immediately re-evaluated as per paragraph 68. Conducting Searches 62. A staff member may conduct a routine non-intrusive search of a child in the program when the child is entering or leaving the institution. 63. A staff member may conduct a non-intrusive search of a child in the program when the staff member suspects on reasonable grounds that the child is carrying contraband or other evidence of an offence under section 45 of the CCRA. 64. The person who conducts a search shall prepare and submit a post-search report to the Institutional Head, or a staff member designated by the Institutional Head, as soon as practicable where:
Room Searches 65. A staff member may conduct routine, non-routine and emergency searches of a child's room and its contents in accordance with the CCRR and Standard Operating Practices on Searches of Cells, Vehicles and Other Areas. 66. The mother shall be present when her child's possessions or room are searched. If the mother is not able to be present, a member of the Inmate Committee shall witness the search. Contraband 67. If drugs or contraband are found on a child participating in the program, or in the child's room or its contents, the Program Board shall re-evaluate the participation of that child's mother in the program and make recommendations to the Institutional Head. The re-evaluation may result in the decision by the Institutional Head to terminate the program for the individual mother and her child. 68. The Program Board shall immediately re-evaluate the mother's participation in the program whenever there is a serious breach of the terms of the Parenting Agreement or whenever it is clear that the mother is unable to cope with having her child in the institution. The Program Board will immediately notify the Institutional Head of the re-evaluation and recommendations. The Institutional Head may decide to:
69. The Institutional Head may also terminate the program at the request of the child, or when the child has failed to adjust to the program and/or where it is deemed in the best interests of the child. This decision shall be made based on the recommendation of the Program Board and following consultation with local child welfare authorities. Institutional Program Termination 70. If drugs or contraband are found in the institution or if any situation arises which the Institutional Head believes may jeopardize the safety of the child or children, she/he may terminate the program for an individual participant, for certain participants or for all participants. Written notification of the decision shall be provided to all affected participants.
71. Notwithstanding paragraphs 68-70, the Institutional Head may exercise discretion in removing the child from the institution when circumstances warrant a re-evaluation of the case and until a final decision is made. 72. When the Institutional Head decides to terminate program participation and remove the child from the institution, staff shall immediately reassess the risk posed by the inmate to herself and to others in order to determine specific interventions that may be required to manage the situation. Re-Application Following Termination 73. A mother whose participation in the program has been terminated may re-apply for admission into the program. The timeframe to re-apply shall be decided at the time of termination and shall not normally exceed six months. 74. For women in the part-time program, re-evaluation of participation shall be completed prior to the next scheduled visit. 75. If termination was the result of an infraction or incident on the part of the inmate, these issues shall be resolved before the mother may re-apply. 76. The full assessment process will be required for re-admission to the program. 77. The institutional Contingency Plans shall include options to address the presence of children in an institutional emergency. In any emergency, the safety of the child is paramount. 78. If children are present in the unit where pre-planned force is to be used, every effort shall be made to remove the children from the area or to isolate them prior to the start of the intervention. 79. In the event that a child is in an area with an inmate who is unwilling to let the child leave the area, the situation shall be treated as a hostage taking. As long as the child is unharmed, conflict resolution and negotiation are to be used for as long as is necessary before any physical intervention is considered. 80. Community support networks shall be established at the beginning of the mother's participation in the institutional program to ensure that support (including financial considerations) continues throughout her incarceration and when she is on conditional release. 81. Release planning shall include a review of the financial, social, residential and other supports required for the mother and child to continue to live together. PASSAGE OF THE CHILD FROM THE INSTITUTION TO THE COMMUNITY 82. Prior to a full-time resident child's fourth birthday, the Transition Plan (Annex E of the Parenting Agreement) shall be implemented. This shall be done in collaboration with the mother, the child's new caregiver, the Institutional Head and the child welfare authorities, if appropriate. 83. The transition of the child from the institution to a new home shall be as gradual as possible in order to minimize the disruption of an abrupt separation. 84. The new caregiver shall confirm in writing that she/he agrees to care for the child under the circumstances outlined in the Transition Plan (Annex E of the Parenting Agreement). 85. In emergency situations, where the Contingency Plan (Annex D of the Parenting Agreement) has been activated, or where the program participation has been terminated, every effort shall be made to facilitate the child's transition to the community. Full-Time Residency Participants 86. For mothers moving from the institution to a community-based residential facility, CSC staff shall make every effort to ensure that social and financial supports are in place prior to departure. 87. Prior to the arrival of the mother, the community-based residential facility shall be fully informed of the participant's progress in the Mother-Child Program and the assistance she requires.
88. The District Director shall ensure that standards and accountability mechanisms are in place to:
89. The community Parole Officer shall assist the mother to develop and maintain links to the appropriate social service networks in the community. DEATH OF A CHILD IN THE PROGRAM 90. The Commissioner may appoint a board of inquiry to investigate the death of any child participating in the program, as per section 20 of the CCRA. 91. Wherever possible, the Service shall respect the wishes of the mother regarding religious services and removal of the child's personal effects from the institution. 92. Where required, the Service may advance to the mother, funds for reasonable funeral costs including burial and the installation of a grave marker. However, the mother shall reimburse the costs for the funeral assumed by the Service at a frequency agreed to by the mother and the Institutional Head. 93. On the last day of each month, the Institutional Head shall provide the Deputy Commissioner for Women with the information requested on the Mother-Child Program - Monthly Report. 94. The Deputy Commissioner for Women, in consultation with the Assistant Commissioner of Performance Assurance and with the Institutional Heads and/or District Directors shall be responsible for conducting periodic program evaluations. 95. All operational and capital costs incurred for the program shall be documented by the institution.
HEALTH CANADA: NATIONAL HEADQUARTERS AND REGIONAL OFFICESHealth Canada provides information and guidelines regarding child product safety reviews. It is the institution's responsibility to contact Health Canada on a regular basis to ensure that they have the most up-to-date information. Below are the national and regional addresses of Health Canada. National Headquarters Health Canada Regional Offices Atlantic Suite 702, Ralston Building Quebec Room 218, Complexe Guy-Favreau Ontario 25 St. Clair Avenue East, 4th Floor Prairies 391 York Avenue, Suite 425 Suite 710, Canada Place Pacific Suite 405, Winch Building ![]()
CCRA, s. 46 "non-intrusive search" means: (a) a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and (b) a search of
in accordance with any applicable regulations made under paragraph 96(l); CCRR, s. 43 Manner of Carrying out Searches 43. A non-intrusive search shall be carried out by means of a hand-held scanner, a walk-through scanner whereby the person being searched is required to walk through a metal detector scanner, or any similar non-intrusive device. ![]()
Annex C - ASSESSMENT REPORT FOR PARTICIPATION IN THE MOTHER-CHILD PROGRAMInmate's name, FPS, date of birth Part 1: Case Status A. Introduction including:
B. Eligibility dates C. Security level Part 2: Evaluation Elements Specific to the Mother-Child Program A. Current crime B. Institutional adjustment (current) C. Correctional programs and reintegration D. Preventive security information E. A review of the occupants of the house be done to ensure the child is not at risk from the other inmates F. Position and assessment of the child welfare authorities (or the child care specialist or child psychologist). The child welfare authorities should address issues including but not limited to:
G. Mother's link to the child including:
H. Past crimes against children (attach psychiatric report as required) I. Community support and history with her children J. Physical and psychological evaluation including:
K. Parenting skills including:
Part 3: Eligibility of the Babysitters Part 4: Case Discussion Part 5: Actions
Part 6: Members of the Case Management Team Part 7: Signatures
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Annex D - FORMSParenting Agreement (CSC/SCC 1159) Annex A - Waiver, Indemnification and Assumption of Risk Agreement (CSC/SCC 1159-01) Annex B - Health Care Plan (CSC/SCC 1159-02) Annex C - Discipline Protocol (CSC/SCC 1159-03) Annex D - Contingency Plan (CSC/SCC 1159-04) Annex E - Transition Plan (CSC/SCC 1159-05) Annex F - Searches of Children Participating in the Program (CSC/SCC 1159-06) Alternate Caregiver in the Institution - Request (CSC/SCC 1159-07) Mother-Child Program Application (CSC/SCC 1159-08) Health Checklist (CSC/SCC 1159-09) Mother-Child Program - Monthly Report (CSC/SCC 1159-10) Consent to the Search of a Child Participating in the Mother-Child Program (CSC/SCC 1159-11) |
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Last Updated:
2003.03.12
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