Management of Babies in Prison: Addressing the Needs of Incarcerated Mothers and Children

1. PRESENTATION TO THE SELECT COMMITTEE: WOMEN, CHILDREN & PERSONS WITH DISABILITIES

2. PURPOSE OF THE PRESENTATION • To brief the Select Committee on Women, Children and People with Disabilities in line with the questions that were raised for DCS’ response. • The presentation will provide in addition the background, relevant mandates and way forward.

3. BACKGROUND Department of Correctional Services (DCS) accommodates various categories of inmates which include vulnerable groups (Women, Children, Youth, Elderly persons and people with disabilities which include those with mental illness) who happen to have come into conflict with the law. The presence of children including babies in DCS facilities is a reality as some enter the facility with their mothers who happen to be with them when the mother is sentenced to incarceration or were born while the mother was incarcerated. The Department of Correctional Services recognizes the plight of babies incarcerated with their mothers since the facilities of DCS were never meant to house children. Unfortunately due to the circumstances prevailing in South Africa, incarcerated mothers find themselves in a situation where they have to be with their babies in “prison”

4. MANDATES • The Constitution of the Republic of South Africa, No.108 of 1996: DCS respects human rights as enshrined in the Bill of Rights. • Section 28 (1) asserts that every child has the right to be treated in a manner, and kept in conditions, that take account of the child’s age; • Section 35 (e) makes provision for conditions of detention that are consistent with human dignity, including at least exercises and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment. • White Paper on Corrections in South Africa (2005) - Chapter 11 of the White Paper addresses the needs of special categories. - The White Paper asserts the position of the Department on children in detention. - That different age groups of children require different service delivery; and should as far as possible be accommodated separately.

5. MANDATES cont… • Correctional Services Act, No 111 of 1998 -Section 12 of Correctional Services Act prescribes that all offenders including children shall be assisted to maintain contact with their families, friends and communities. • Correctional Services Amendment Act; No 25 of 2008 -The Act allows female offender s (mothers) to stay with the baby in a Correctional facility until such child is two (2) years of age. • Children’s Act, (Act No 38 of 2005 as amended) -Gives effect to certain rights of children as contained in the Constitution, and set out principles relating to the care and protection of children.

6. MANDATES cont… • South African Charter on the Rights and the Welfare of the Child -Article five (5) makes provision for protection of children from all forms of violence. • Mothers and Babies Policy and Procedures -The Policy guides and informs operations with regard to treatment and management of mothers with their babies taking into account their unique and specific needs. -The Policy Procedures ensure collaborated efforts for effective and efficient service delivery to mothers with babies and also promote compliance to legislation.

7. IMBELEKO PROJECT PURPOSE • To give effect to the management and treatment the babies who are incarcerated with their mothers by ensuring that the Departments’ commitment to pursue a secure and humane environment and provision of appropriate service and programmes to babies with their mothers is realized. • To seek suitable alternative care for placement of babies with families, foster care and adoptive parents.

8. HOW MANY FACILITIES IN SOUTH AFRICA ARE ABLE TO ACCOMMODATE WOMEN WITH CHILDREN IN PRISON, AND WHERE ARE THESE LOCATED? • There are twenty two (22) Female Correctional Centres in DCS • Sixteen (16) Female Correctional Centres with Mother and Baby units can accommodate children.

9. THE FOLLOWING FEMALE CORRECTIONAL CENTRES ACCOMMODATE MOTHERS WITH BABIES

10. WHAT IS THE TOTAL NUMBER OF CHILDREN CURRENTLY LIVING IN PRISONS WITH MOTHERS? As at 31 December 2013 there were 87 babies with their mothers in DCS’ Female Correctional facilities. HOW MANY MOTHERS ARE CURRENTLY IMPRISONED WITH CHILDREN? There were eighty six (86) mothers imprisoned with babies in DCS’ facilities as on 31 December 2013 One mother at Thohoyandou Female Correctional Centre has a pair of twins

11. WHERE WOMEN WHO ARE PREGNANT OR HAVE CHILDREN UNDER THE AGE OF TWO ARE SENTENCED TO TIME IN PRISON AND THERE IS NO FACILITY THAT ACCOMMODATES THEM NEAR TO THEIR HOME, HOW ARE THEY AND THEIR CHILDREN ACCOMMODATED? Pregnant women are referred to external public health facilities for antenatal care, intrapartum care, post natal care including specialists services where indicated. Women who have babies under the age of two are accommodated separately in the Mother and Baby units which have been established in all the six (6) DCS’ regions. Where such facilities are not available closest to one’s home, one is transferred with the baby to the nearest Female Correctional Centre with Mother and Baby unit or section in a Centre that accommodates female offenders.

12. WHAT INTERVENTIONS EXIST TO ACCOMMODATE THE NEEDS OF WOMEN LIVING WITH THEIR CHILDREN IN PRISONS?

13. WHAT INTERVENTIONS EXIST TO ACCOMMODATE THE NEEDS OF WOMEN LIVING WITH THEIR CHILDREN IN PRISONS?

14. WHAT ARE THE CHALLENGES FACED BY WOMEN LIVING WITH THEIR CHILDREN IN PRISONS? Foreign and some of the South African mothers with babies find it difficult to register the births of babies due to lack of required legal documents The legal procedures to place babies in alternative care e.g. (foster care) takes long Lack of cooperation from relatives and absence of the fathers in some cases makes it difficult for placement and affects both the mothers and the babies emotionally Mothers experience separation anxiety since they are only allowed to stay with their babies until the age of two only.

15. WHAT CHALLENGES DOES THE DEPARTMENT HAVE IN ACCOMMODATING THE NEEDS (ACCORDING TO YOUR UNDERSTANDING) OF WOMEN WITH CHILDREN IN PRISON? The registration of Mother and Baby units with the Department of Social Development (DSD) as Early Childhood Development (ECD) Centres is a challenge due to strict norms and standards that DCS’ facilities do not comply with since most of these structures were not designed to cater for the needs of babies. The delay in acquiring relevant documentation for alternative placement of Babies outside the Correctional Centres is a challenge since the Department depend on other stakeholders to finalize the placement process.

16. HOW ARE THESE BEING ADDRESSED? DCS’ Social Work Services is in the process of acquiring conditional registration of mother and child units as partial care facilities in line with requirements of the Children’s Act. Meetings are being held with relevant stakeholders and other Departments to address the challenge regarding delays in placement.

17. EXISTING PROGRAMMES FOR CHILDREN BEFORE AND AFTER LIVING THE CORRECTIONAL FACILITY • Social Workers involve stakeholders in preparation for alternative placement of babies (potential foster parents, Non Governmental Organizations NGOs and DSD for legal processes and the mothers of the babies) • Family consultation visits are arranged by DCS’ Social Workers to enhance the bond between the mother and child after alternative placement of the baby. • Health Care Services provides for the Integrated Management of Childhood Illnesses (IMCI), the Expanded Programme of Immunization (EPI) and Prevention of Mother to Child Transmission (PMTCT) of HIV and issuing of a referral letter on leaving the correctional facility for the continuation of these services in the community; • Formal Education is responsible for the Early Childhood Development Programmes focusing on stimulation of babies (0-2) of which the custodian of the curriculum offered in Early Childhood Development Programmes is the Department of Basic Education and Training.

18. WAY FORWARD • To ensure humane incarceration of vulnerable groups whilst in DCS’ facilities.

19. THANK YOU