MADISON — A Dane County Circuit Court judge today ruled that the state Department of Corrections (DOC) must immediately provide relief to mothers incarcerated or under community supervision eligible to participate in the Mother Young program, siding with the American Civil Liberties Union (ACLU) of Wisconsin, with pro bono assistance from Quarles & Brady LLP.
According to today’s ruling, eligible, impacted mothers will be able to participate in a program that provides them with programming and support to continue parenting their children under the age of one.
The ACLU of Wisconsin expects to work with the DOC to determine a realistic timeline to implement the program.
“We are pleased that the court agreed with us and impacted mothers in this state and will provide relief to not only our clients but all eligible mothers who are incarcerated and on community supervision,” said Ryan Cox, Legal Director at the ACLU of Wisconsin. “While the mother-young statute has been on the books for a long time, not one mother in DOC custody has ever been offered the services required under the law. By denying parents this opportunity, the DOC has continued to violate the law and deprive parents and their young children of a chance to build strong relationships and keep their families together, which is proven to have mutual benefits for both child and parent.”
The DOC does not currently offer this program to any incarcerated person, and officials wrongly argued that the agency doesn’t need to follow the law because it is an “old statute and there is no funding for it.” However, the statute, Wis. Stat. 301.049, makes this program mandatory.
While this should provide immediate relief to those impacted, a final judgment in the case and a plan for the long-term implementation of the program are still to come.
“We are encouraged by this current ruling and hope the final judgment will also reflect the same sentiment – that the separation of families is one of the most debilitating and traumatizing aspects of the criminal legal system,” said Cox. “We are hopeful that we can keep families together, which has been proven to have positive impacts for everyone, including better health and reduced recidivism.”
The ruling was made by the Court orally from the bench. A copy of the final judgment should be available in the coming days.
