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American Morning

Convicted Murderer Fights For Overnight Stay With Son

Aired August 27, 2001 - 10:24   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: A Justice Department report that a record number of adults is being shuffled through the nation's correctional system. Nearly 6.5 million people are in the system, that's one of every 32 American adults. The population includes those behind bars, on parole or on probation. Thirty percent of adults in the system were in jail and prisons, while 59 percent of the population -- of that population, was on probation.

That report also found that the percentage of women behind bars is growing. Many are mothers fighting for the right to see their children. Attorneys for convicted murderer Kimberly Faust are back in court in Nebraska today. She is trying to win the right for her 6- year-old son to stay overnight.

The father of the child is fighting this, and the prison rules prohibit it. For perspective on the case, we are joined by Rebecca Yaffe. She is author of "When A Parent Goes To Jail," and she's joining us from Richmond, Virginia.

Rebecca, good morning, good to see you.

REBECCA YAFFE, AUTHOR: Good morning.

KAGAN: Basic bottom line, is it a good idea for a child to have contact, any kind of contact, with a parent who is in prison?

YAFFE: Well, it's unfortunate that a child has to suffer the consequences of a parent's irresponsible choices. But do we increase that suffering by placing them in harm's way? I've worked with children of incarcerated parents for 12 years in Campbell Country, Virginia schools. It's been my experience in working with these children, that to place them in an incarceration system with their parent, could only increase he emotional, psychological and social problems for this child.

KAGAN: So you don't think -- let's be clear what we're talking about here. You don't think it's a good idea -- and let's just talk in terms of mothers. Let's say mom has been sent away, that child should have no contact with that parent while she's locked behind bars, or shouldn't be able to sleep overnight?

YAFFE: I don't think that she should have overnight visitation. Absolutely, she should have contact with that child. But according to the Bureau of Justice Statistics, there are 2 1/2 million children in this country who have an incarcerated parent or a significant family member incarcerated. And they are already five times more likely to end up incarcerated by adulthood.

Now do we want to increase that risk by locking this child up overnight with a parent in prison? Now to me this would be very detrimental, because that child staying in prison with their parent can develop a false sense of what prison is all about.

KAGAN: So, in your experience, Rebecca, what has been the best kind of contact...

YAFFE: The best kind...

KAGAN: ... behind child and inmate?

YAFFE: The best kind of contact would be short-term day visits, because this child would get an opportunity to develop the bond between a parent and child that's necessary for emotional stability. But at the same time, not placing them in harm's way that an overnight visit could afford.

KAGAN: I'm sorry. I imagine there are programs out there that allow this, otherwise it wouldn't even be up for discussion. But, is it for young babies?

YAFFE: Well, the Nebraska law states that children between the age of one and eight can have overnight stays with an incarcerated parent.

KAGAN: And you think eight is too old?

YAFFE: My question to Nebraska is, what is the intent of this law? Is it to serve and protect the needs of the child, or is it to serve and meet the needs of the incarcerated parent?

KAGAN: So you believe the system needs to look at who's best interest are being served here, the child's or the parent's?

YAFFE: Exactly. Whose best interests are we looking at here? And have there been any follow-up studies? Nebraska law has been in effect since 1975. And if a child can stay incarcerated every other weekend with a parent, we are talking seven years...

(CROSSTALK)

KAGAN: Some tough questions out there. Remind us again, how many children in America have at least one parent behind bars?

YAFFE: 2 1/2 million.

KAGAN: 2 1/2 million. Big, big problem.

YAFFE: Already they are already five times more likely to end up incarcerated themselves.

But, we as a society, and I mean counselors, teachers, judges and parents want to send the message loud and clear to our children: We never want to see you locked up in prison. When we put that child there, what are we sending? Are we sending mixed messages?

KAGAN: What kind of message? Trying to balance the wrong message with increased -- at least some contact with the parent who is behind bars. Rebecca Yaffe, thanks for helping us to look at a difficult issue this morning.

YAFFE: Thank you.

KAGAN: And once again, we remind you that attorneys for convicted murder Kimberly Faust are back in a Nebraska court today, trying to do just that: Win her the privilege of having her son stay with her overnight while she serves time in prison.

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