Intake staff should put a priority on determining whether the individual entering the facility is the custodial parent of children or has other caretaking responsibilities, including the care of other close family members (broadly defined) such as a sibling or elderly godparent. Determining if an inmate has dependents is important for several reasons; identifying a need to place such dependents into an appropriate situation, possibly with another family member or foster care provider, is the most immediate. (See Recommendation m, below, for additional intake issues concerning the family of the person admitted to prison or jail.) Dependent care responsibilities are especially prevalent among women admitted to prison or jail, who may not immediately disclose such information for fear of intervention by the foster care system (see discussion of child welfare in Policy Statement 34, Children and Family Systems).

If a dependent must be placed into foster care, arrangements should be made with a specialized foster care provider who has experience with the criminal justice system and who can arrange prison visitation or other contact. Corrections or community-based staff responsible for ensuring the placement of an inmate's children should be trained and knowledgeable about the federal and state statutes that regulate child welfare. When possible, experts in child welfare who understand the caretaking issues particular to people who are incarcerated should be engaged. These experts or staff should ensure the implementation of solutions that are in the best interests of the prisoner and of his or her family and that anticipate the legal repercussions that decisions made at the start of a person's incarceration may have for his or her parental rights during the incarceration period and after release.

For example, relevant staff should understand the implications of the Adoption and Safe Families Act of 1997 (ASFA). ^[1]   Among other provisions, ASFA places strict time frames on reunification efforts and encourages states to terminate parental rights in most cases where reunification efforts are not successful within specified time frames. ASFA requires that a court conduct a hearing to determine a permanency plan for the child's living arrangements no later than 12 months after the child enters foster care. With some exceptions, ASFA requires ( if a child has been in foster care for 15 out of 22 months) the states to file a petition to terminate parental rights. Corrections or community-based organization staff should ensure that state child welfare systems adhere to these exceptions where appropriate and do not automatically initiate processes likely to result in the termination of the parental rights of incarcerated people. When possible, staff should seek kinship or other placements that emphasize and encourage family reunification.