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FLORIDA PRISON LEGAL Ers Ectives VOLUME 8, ISSUE 1 ISSN# 1091-8094 JANIFEB 2002

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FLORIDA PRISON LEGAL Ers Ectives VOLUME 8, ISSUE 1 ISSN# 1091-8094 JANIFEB 2002 / FLORIDA PRISON LEGAL ers ectives VOLUME 8, ISSUE 1 ISSN# 1091-8094 JANIFEB 2002 In this two-part treatise, we For those individuals who have PARENTSIN hope that many of the questions and a supportive and committed spouse, concerns that incarcerated parents your fears and concerns about the PRISON have about custody oftheir children, family unity ar~ not as severe as those -PARTONE­ both during and after the time they who do not have a strong relationship. by Linda Hanson are in prison will be addressed. The To keep your family intact, exposition that follows is not communication is a must. This can be f.YOU are a parent in prison you intended to replace your 'lawyer. If accomplished through regular visits, probably have many questions you have a lawyer, use him or her.. phone calls, and letters.· While visits. I and concerns about your Ask questions, give information, and and phone calls can be a bUrden to your children and about your I legal tell him what you want for your spouse (since she or he may have rights as a parent. Your children family. depended on your income), greeting may be with a spouse. relative, cards and letters provide the most group, home or foster care. If your I. FRACTURED FAMILY economical way to communicate with children are under the supervision Incarceration draimitically alters your children. It will also foster the of the Department ofChildren and domestic relationships. To be development of reading and writing Family Services. you may h~ve imprisoned is to be cutoff skills for your children. Ifyour child is serious concerns about your legal physically from one's spouse and too young to understand letters, draw rights and the Juvenile Court children. For those with strong pictures to sen~ home. Make sure your proceedings involving your marital ties, the odds of surviving spouse send.. you report cards, school children. Ifyour children are with divorce are better than those with assignments or projects, and photos ­ a divorced spouse or if a legal weak tics. But even for the most plenty of photos. Likewise. send your guardianship has been established. solid relationships, the stress and children photographs of you. Again, you may have questions about how strain can wreck havoc on a communication is the key to to reunifY with your children ,once marriage. It will take a couple with maintaining family unity, and if you are released from prison or a lot ofcourage, strength and love to successful, the fracture will heal how to protect your parental rights survive the test, but it can and has from being terminated by a hostile been done. divorced spouse. FAMILIES ADVOCATES PRISONERS :::;~::=~:~~~;~~;;~;i=:;:r ..~::~~:~~~~~:=~:~:~~:~;.:::~:~~~:~~~:~:::::'I\.I DOC OffiCial Arrested : 5 :~:;w>id},lj ~ ·.·.·.-:.:m~>:i> . Pri Murd d .. FDOC 1gnore d Wanllngs: soner ere 6 flf~Yk:@ DNA Tes~n~ 8 t~· .:~'*%~: ~ Post ConVlctlon Comer 1O:Jt . L'NmO FOR PRISON REFORM ~ ----------------FLORIDA PRISON LEGAL Perspectives upon your release. For those with incarcerated wi:! constitute a substantial life sentences, keep the faith alive portion of the period oftime before the FLORIDA PRISON LEGAL.L..-~ and hope for a change in law "Or child will attain the age of 18 years. Perspectives some executive decision that will Because the termination of parental P.O. Box 660-387 open a door of opportunity for you. Chuluota, Florida 32766 rights affects fundamental liberty Never give up! interests protected by both State and Publishing DlvlslDlt of: Federal Constitutions. incarcerated FLORIDA PRISONERS' LEGAL AID II. DIVORCE parents who face tennination of ORG.,INe For those marriages that fail, the parental rights·. are entitled to A50I(c){3) Non Profit Organization Fax (407) 568-0200 emotional trauma can be severe not appointment of counsel. See O.A.H. v. email: [email protected] only for the spouses, but the R.L.A., 712 So.2d 4 (Fla. 2d DCA children, too. Once the divorce is 1998). FPLAO DIRECTORS final. usually the un incarcerated Should adoption not become an TetCSll A. Bums-Posey parent remarries and within time issue with your ex-spouse, you may BohO. Posey will seek to have her new husband experience hurdles upon your release in I>an)1 MCOlamery order to be able to visit with your David W. Bauer. Esq. formally adopt her children. which Loren O. Rhoton. Esq. will terminate the' incarcerated children. Upon your release you may OscarH_n parent's parental rights. However, need to modify any visitation schedule Lin~ HaDscn there are some barriers that will you may have been given in the original ' prevent such an adoption. Section divorce decree This means you may be 63.062. Florida Statutes requires required to file a Petition to Modify FPLPSTAFF Visitation under Family Rules of PubliJber Teresa A Bums·Posey biological and lawful parents to Editor BobO. Posey consent to an adoption before such Procedure 12.905(a). You will be Rutllrch Shari Johnson adoption 'can take place. The required to demonstrate that you can exception to this rule is where a safely parent. Keep records of all your efforts to visit your child and follow FPLP ADVISORY BOARD parent has deserted a child without William Van Poyck affording means of identification. or and complete rehabilitation programs. Philip BlI&Iey-Teny Vaughn who has abandoned a child or who Write down lhe time and date of Michaell.ambrix·A1an J. CottOn everything you do for you and your James Quigley-James Taylor has had their parental rights cart WelJs.<ilenn Smith terminated by order of a court of child. This means keeping track of Linda OoUllcb-Susanne Manning competent jurisdiction. Prior to every phone call and visit with your Enrique Diaz.Qene Salser Octo~er child, your child's caregiver, a social· Robert Blllrish·Michael Palmer I, 1997. incarceration alone Milrk SherwooCf could not serve as a basis to worker or lawyer. terminate parental rights. However, By keeping track of these calls and after October I. 1997. that was visits, you can prove that you care changed by the Florida Legislature. about what 'happens to your child. A During the first regular judge is much more likely to believe session of the Fifteenth Legislature. that you called your child every Sunday Florida·s. lawmakers passed a bill if you show him your written record that authorized the ter~nination of than if you simply tell the judge that parental rights of the incarcerated you made the calls. Here are some parent who has be~n determined by steps you can follow to assure that you the court to be a violent career have documented all your efforts to stay criminal. a habitual violent felony in touch with your child. offender. or a sexual predator. The I. Get a notebook and use it only bill also authorized termination of for your child's case. Write parental rights ifthe parent has been down the date and time of: convicted of first or second degree • Each call you make to murder or a sexual battery that or about your child; constitutes a capital. life, or first • Each visit you have . degree felony. The most troubling with your child; portion of the bill was that • Each call you make to termination could. also be ordered your child's caregiver, when the period of time for which and what the call was the parent is expected to be about ----------------2 -------------- FLORIDA. PRISON LEGAL Perspectives 2. Write letters to your child .to those days with Florida's Ups and Downs and save copies ofthose reinstitution of prison chaingangs. , Encouraged by Charlie's antics, letters. Yep. that's him - "Chaingang many anti-prisoner good 01' boys within 3. Attend any available Charlie" Crist. the DOC began pushing for other "get programs. classes or Prisoners who were in the tough" changes in the system. The meetings that your system in 1995/96 should remember elimination of package permits and institution offers and Charlie. Besides being the most severe restrictions on allowable record the dates and times vocal. almost rabid, demagogue who personal propr.rty followed, as did the ofyour attendance. harangued then Governor Lawton lifting of the allowable profit caps on 4. Keep copies ofcertificates Chiles, FDOC Secretary Harry canteen prices, among other onerous showing that you attended Singletary, and more sensible changes. those programs. legislators into restarting chaingangs Charlie thought he was a hit S. Ask program teachers and in Florida prisons, Charlie was the and thought he could ride his "get counselors ofany one behind changing prison lunches tough" horse up to Washington by programs you complete to from hot meals to bologna and running for a position in Congress. He write a letter about how , peanut butter sandwiches. He didn't lost that'election, but was given a state you did. stop there, though. Charlie really job as a sanitation engineer, or some got on the "get tough" bandwagon of such title, for the next couple of years. Maintaining the parent-child those years. He had no other He bided his time. When the next relationship can be difficult while meaningful issue that he could use to elections rolled around there was you are in prison, but it is not sell himself to voters with. The Charlie again running - out ofall things impossible. With a lot of work you simplistic "get tough on prisoners" - for Florida's top post in .education. can survive the ills associated with platfonn was ideal for Charlie, it He ended up being appointed by Jeb incarceration and upon your didn't take much brains to stand'on, Bush. It just went to prove P.T. release.
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