What does one think of when finding out a pregnant woman has been arrested or is in jail? It is a major concern when the use of restraints are being used on pregnant women. Incarcerated pregnant women are more likely to have risk factors for poor perinatal outcomes as well as experiencing poverty and suffering from a substance use disorder. For years, the incarceration system has been ill-equipped to handle the growing numbers of mothers and pregnant women entering jails and prisons and there have been approximately 58,000 admissions of pregnant people — disproportionately women of color — to jails and prisons yearly.
Causes of this social problem include violent crime and police officers not being trained on how to properly restrain pregnant women upon arrest without the use of handcuffs. Another cause is the women simply being a prisoner and when prisoners are transported to a hospital, they are often shackled to the bed ensuring that they have no way to escape, “harmful practices that would be unimaginable for the general population persist in the hospital setting: Pregnant women continue to be shackled, often give birth in the presence of corrections officers but without the support of friends or family, and can be forcibly separated from their newborn immediately after birth” (Franco & Lewis, 2020). Consequences of this social problem include pregnant women possibly being ignored when in need of medical attention, premature delivery, being housed in solitary confinement, etc, “incarceration exposure during pregnancy (maternal exposure and/or romantic partners’ exposure) has been found to be associated with reductions in maternal and newborn health, including higher rates of preterm and low birth weight in infants” (Shlafer et al., 2022). Competing ideologies include others believing that safer restraints could be used rather than metal handcuffs or that restraints should be used during transportation and while giving birth depending on the severity of the crime.
S.341 Justice for Incarcerated Moms Act is a policy that was created in response to this social problem. Justice for Incarcerated Moms Act addresses the effort to end shackling on pregnant individuals and create model programs for the care of incarcerated individuals in the prenatal and postpartum period. The implementation of this policy notes that states must restrict the use of restraints on pregnant women in order to receive full funding under a grant program, the Bureau of Prisons must establish programs to optimize maternal health outcomes in federal prisons, and the Bureau of Justice Assistance must award grants for programs to support pregnant and postpartum women in prisons and jails.
Winners of the social problem would be pregnant women because they are being with proper care to maintain and ensure a healthy pregnancy and delivery. They would also be winners because there would be less of a risk of them being injured during the arrest which decreases the chance of premature labor. A final way they would be considered winners is due to the fact that they can go into labor comfortably rather than being restrained to a hospital bed. Losers of the social problem would be law enforcement because they would have to find new ways to restrain pregnant women and go through training to ensure their safety. Law enforcement would also have to go through training in order to provide better care for pregnant and postpartum women. Values and ethics play a major role because pregnant and postpartum women in jail and prisons need someone to advocate for their health and wellbeing, as well as reallocate the funds for failure to comply. A social worker plays a major role in responsibilities to the broader society because this affects pregnant and postpartum women all over the world, “for the women sentenced while pregnant, health care in prison can be inadequate” (Lays, 1992). A political ideology would include others believing that anyone who commits a crime should be restrained regardless of being pregnant because “when you do the crime, you do the time.”
Causes of this social problem include violent crime and police officers not being trained on how to properly restrain pregnant women upon arrest without the use of handcuffs. Another cause is the women simply being a prisoner and when prisoners are transported to a hospital, they are often shackled to the bed ensuring that they have no way to escape, “harmful practices that would be unimaginable for the general population persist in the hospital setting: Pregnant women continue to be shackled, often give birth in the presence of corrections officers but without the support of friends or family, and can be forcibly separated from their newborn immediately after birth” (Franco & Lewis, 2020). Consequences of this social problem include pregnant women possibly being ignored when in need of medical attention, premature delivery, being housed in solitary confinement, etc, “incarceration exposure during pregnancy (maternal exposure and/or romantic partners’ exposure) has been found to be associated with reductions in maternal and newborn health, including higher rates of preterm and low birth weight in infants” (Shlafer et al., 2022). Competing ideologies include others believing that safer restraints could be used rather than metal handcuffs or that restraints should be used during transportation and while giving birth depending on the severity of the crime.
S.341 Justice for Incarcerated Moms Act is a policy that was created in response to this social problem. Justice for Incarcerated Moms Act addresses the effort to end shackling on pregnant individuals and create model programs for the care of incarcerated individuals in the prenatal and postpartum period. The implementation of this policy notes that states must restrict the use of restraints on pregnant women in order to receive full funding under a grant program, the Bureau of Prisons must establish programs to optimize maternal health outcomes in federal prisons, and the Bureau of Justice Assistance must award grants for programs to support pregnant and postpartum women in prisons and jails.
Winners of the social problem would be pregnant women because they are being with proper care to maintain and ensure a healthy pregnancy and delivery. They would also be winners because there would be less of a risk of them being injured during the arrest which decreases the chance of premature labor. A final way they would be considered winners is due to the fact that they can go into labor comfortably rather than being restrained to a hospital bed. Losers of the social problem would be law enforcement because they would have to find new ways to restrain pregnant women and go through training to ensure their safety. Law enforcement would also have to go through training in order to provide better care for pregnant and postpartum women. Values and ethics play a major role because pregnant and postpartum women in jail and prisons need someone to advocate for their health and wellbeing, as well as reallocate the funds for failure to comply. A social worker plays a major role in responsibilities to the broader society because this affects pregnant and postpartum women all over the world, “for the women sentenced while pregnant, health care in prison can be inadequate” (Lays, 1992). A political ideology would include others believing that anyone who commits a crime should be restrained regardless of being pregnant because “when you do the crime, you do the time.”
Franco, Mowers, E., & Lewis, D. L. (2020). Equitable Care for Pregnant Incarcerated Women: Infant Contact After Birth—A Human Right. Perspectives on Sexual and Reproductive Health, 52(4), 211–215. https://doi.org/10.1363/psrh.12166
Lays. (1992). Babies behind bars. (programs for incarcerated mothers and pregnant women). State Legislatures, 18(5), 44–.
Shlafer, Gerrity, E., Norris, C., Freeman-Cook, R., & B Sufrin, C. (2022). Justice for Incarcerated Moms Act of 2021: Reflections and recommendations. Women’s Health, 18, 17455057221093037–17455057221093037. https://doi.org/10.1177/17455057221093037
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