Public Policy Analysis Project
- Introduction of public policy issue & legislation
The Help Separated Family Act of 2019 is a crucial policy because its primary mandate is to protect children of incarcerated parents. I was interested in this piece of legislation because, in the history of the United States, children of incarcerated parents have been forced to endure indescribable hardships while their parents are serving jail terms. Children are, but innocent creatures. They are not accomplices of criminal activity committed by their parents, and as a result, they should not suffer in any way whatsoever for crimes committed by their parents. The Help Separated Family Act of 2019 will see to it that a child’s childhood is well protected, and just like any child of the United States, these children will be able to enjoy their childhood without experiencing any childhood hardships is linked to their parent’s incarceration.
The Help Separated Families Act of 2019 (H.R. 3452) is a federal act that is bound to protect and prevent the permanent separation of incarcerated parents. This legislation will also protect the children of immigrant parents who are detained or have been deported. The act aims at increasing the likelihood of a separated child to unite with their parents. The act, introduced by Congresswoman Lucille Roybal-Allard (CA-40), on 24 June, 2019, will specifically proscribe child welfare agencies from terminating parental rights in cases where a respective parent has been detained or deported. The act will also ensure that child welfare agencies consider foreign documentation as sufficient identification, which can be used as a child welfare background check.
The Help Separated Families Act of 2019 will directly affect immigrant families. Most immigrant parents are likely to be detained or deported for illegally being in the country. The act will, therefore, be embraced to ensure the childhood of the affected children is well catered for, without the enacted permanent family separation. The act will also directly affect children of detained American parents. Instead of being claimed by the Children Protection Service, these children will be able to reunite with close relatives or guardians. Foster and adopting families will be affected by these policies because they will not have permanent custody of the adopted child. In essence, the purpose of this act is to promote children’s welfare and help avoid Post Traumatic Stress Disorder that most children face when they are detained.
- Family Impact Analysis of Issue/Policy
The family Impact analysis tool is a formal in-depth methodology that is primarily used as a checklist tool in examining the extent of a program, policy, act, or law do in supporting the affected families. In this section, we analyze the “The Help Separated Families Act of 2019” impact on families by using the Family Impact Discussion Starter Questions.
- Question (a)
According to the act, The Help Separated Families Act of 2019, children of affected families will have temporary custody of a foster parent or a close relative. The act will offer support to the affected children by allowing detained parents to make calls to arrange for the care of their children while ensuring that children can visit their parents in detention centers and penitentiaries. Just as Bhor (2016) writes, children are usually vulnerable to abuse, which makes it a necessity for the parents to support the overall growth of their children. Similarly, the act makes the overall support of parents to their children be attainable. Despite being detained, parents will be able to give directions to their children and ensure that they are in good care, and their needs are catered for.
2.2 Question (b)
The act clearly proscribes the Children Protection Services from filling a for termination of parental rights of the detained parents. Therefore, this act will be able to maintain parental rights even upon a parent’s detention. Family members’ commitment to each other will be reinforced as a result. The stability of the family unit will be maintained because the termination of parental rights will not be witnessed. Just as Rippey (2020) puts it, “termination of parental rights is the family law equivalent of the death penalty in a criminal case.” Termination of parental rights is usual, a huge blow to a specific parent. Family unity and family members committed to each other are hindered by parental rights termination. The Help Separated Families Act of 2019 will restrain termination of parental rights, therefore, enabling maintenance of a family unity despite parental incarceration.
2.3 Question (c)
The act clearly states that detained parents will be able to make calls to their children, monitor any court proceeding involving their children, and offer recommendations on how best their children can be cared for while they serve their court sentences. It is, therefore, evident that the act will significantly promote healthy parental relationships as parents will be able to keep in touch with their children. This heavily resonates with Rippey’s (2020) insights, where he suggested that the family separation crisis is a huge blow to children.
2.4 Question (d)
The legislation focuses on issues affecting families and children from different backgrounds. The policy address issues to deal with family separation as a result of incarceration or detention. In the United States, child welfare agencies usually make it hard for parents to reunify with their children outside the United States. Which, in many locations, leads to parental termination rights. However, this policy facilitates the reunification of children regardless of country of origin, race, or any other form of difference. The aim of this policy is to promote child protection. Laws should be constantly changed and revised in order to meet the child’s rights and expectations (Bhor 2016). Children should be protected from any form of harassment, which includes separation from their parents.
2.5 Question (e)
The central tenet of this policy is that it advocates and encourages various stakeholders; families and partners for a collaborative deliverance for the children. According to the legislation, the central government’s role is to embrace the best policy that will see to it that children’s needs and rights are cared for. Bhor (2016) also pointed out that every child should be able to enjoy their childhood by being provided with adequate education while engaging in other childhood activities. Proper childhood development will help build a well-rounded, morally upright individual.
2.6 Intended vs. Unintended Consequences of the Policy
The intended consequences of this policy are that it advocates for parents to always facilitate the grow2th of their children. Despite unfortunate cases like incarceration, detention, or deportation of a parent, families, parents should always be provided with an opportunity to witness their children grow. Just as seen in this legislation, parents will be able to constantly communicate with their children. On the flip side, the unintended consequences of this policy are that children may be forced to stick with their criminal parents. It will be hard for the filling of parental rights termination. A child will, therefore, be forced to endure the trauma associate3d with their parents who are involved in criminal activities.
- Closing Summary
There is a pool of information I have gained from studying this legislation. Although some are not covered in this paper, this legislation has opened my eyes to children’s rights. Innocent children have suffered as a result of their parent’s mistake; mishandling of children by children protection agencies has intensified the trauma the children face. There exist beneficial effects that might have been overlooked if the family impact analysis was not used. For example, the aspect of diversity would have been overlooked. The family impact analysis has helped appreciate the fact that as government, the United States should take care of every child regardless of origin or nationality. The experience of applying the Family Impact Discussion Tool has helped me dig into the various advocacies of the legislation. It has facilitated a holistic analysis of the act. The whole process of family impact analysis has made me rethink my role as a member of society. It’s our general objective as members of society to look after our children and ensure they are well taken care of.
References
Bhor, N. (2016). Family Impact Analysis of the National Policy for Children 2013. Retrieved 2 July 2020, from https://www.researchgate.net/publication/311806749_FAMILY_IMPACT_ANALYSIS_OF_’THE_NATIONAL_POLICY_FOR_CHILDREN_2013′
Rippey, S. (2020). Incarcerated Parents and Child Welfare in Washington. Retrieved 2 July 2020, from https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=5113&context=wlr