PART 475 MOMS AND BABIES PROGRAM : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER d: PROGRAMS AND SERVICES
PART 475 MOMS AND BABIES PROGRAM


AUTHORITY: Implementing and authorized by Sections 3-2-2 and 3-6-2 of the Unified Code of Corrections [730 ILCS 5/3-2-2 and 3-6-2].

SOURCE: Adopted at 33 Ill. Reg. 7895, effective June 1, 2009.

 

Section 475.5  Applicability

 

This Part applies to the Moms and Babies Program and to facilities in which this program is housed.

 

Section 475.10  Definitions

 

"Chief Administrative Officer" means the highest ranking official of a correctional facility.

 

"Child Care Provider" means an offender who has been screened and trained to provide care for children within the Moms and Babies Program.

 

"Child Development Aide" means the individual who assists in coordinating the pregnant mothers' programs, infant programs, and Infant Development Center programs; delivery of pre-natal and post-natal programming; and monitoring the mothers' program participation and adjustment.

 

"Department" means the Department of Corrections. 

 

"Director" means the Director of the Department of Corrections. 

 

"Family Services Administrator" means the administrator of the family counseling service in the Moms and Babies Program that promotes and maintains family relationships for female offenders.

 

"Infant Development Administrator" means an individual who organizes, develops, and implements the Moms and Babies Program, infant programs, and Infant Development Center programs.

 

"Mental Health Professional" means a psychiatrist, psychiatric nurse, or clinically trained psychologist, or an individual who has clinical training and a master's degree in social work or psychology.

 

"Moms and Babies Program" or "Program" means the program established under 730 ILCS 5/3-6-2(g) and this Part.

 

Section 475.15  Responsibilities

 

a)         Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified. 

 

b)         No other individual may routinely perform duties when this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties.  However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency. 

 

Section 475.20  Moms and Babies Program

 

a)         Moms and Babies Program sites shall be recommended by the Deputy Director of Women and Family Services and approved by the Director.

 

b)         The Program shall be a voluntary program in female correctional facilities designed to provide healthy pregnant and post-natal offenders the opportunity to develop and nurture a bond with their infants through programming and a safe supportive living environment.

 

c)         This Program is designed to be a well baby and healthy mom program.  If the child requires more than normal well child health care or the offender requires more than normal pre- and post-natal care, the offender may no longer be eligible to be in the program and may be transferred.  Medical concerns shall be addressed with the Agency Medical Director.

 

d)         While in this Program, the offender shall remain in the custody of the Department and the baby shall be in the custody of his or her mother.

 

e)         The Program offers programs and services in areas including, but not limited to:  pre- and post-release needs, pre-natal and parenting education, caregiver training including pediatric CPR, education, mental health support, self-improvement, anger management, and substance abuse recovery.

 

f)         Offenders who participate in this Program shall be required to:

 

1)         Provide care for their children.

 

2)         Arrange for child care when they are unable to provide the care, such as when the offender is participating in programming, work assignments, classes, or writs.  Child care shall only be provided by approved child care providers, Child Development Aides, or the Infant Development Administrator.

 

3)         Secure an outside guardian to ensure the child is cared for if the offender is removed from the program or if the offender can no longer care for the child.

 

4)         Apply for State, federal, county, and local social services such as the Illinois Department of Human Services Women, Infants, and Children (WIC) Program, Healthy Families in Illinois, Medicaid program, Food Stamp Program, and Clinic for Indigent Child.

 

5)         Where applicable, obtain consent from the father for the baby to participate in the Program.

 

Section 475.25  Screening and Placement

 

a)         All pregnant offenders shall be screened for eligibility for the Moms and Babies Program.

 

b)         The offender's master file, criminal history, and medical file shall be reviewed.  Criteria used for consideration of Program eligibility shall include, but not be limited to, the offender's:

 

1)         Sentence, including factors such as the nature and class of the offense, length of sentence, and sentencing orders.

 

2)         History of violence, abuse, criminal neglect, sexual offenses, or crimes against children.

 

3)         Outstanding warrants or detainers.

 

4)         Court order prohibiting contact with children.

 

5)         Department of Children and Family Services involvement, including, but not limited to, present or past investigations or cases regarding the offender and her children.

 

6)         Affiliation with organized crime activities or narcotics trafficking.

 

7)         Mandatory supervised release date.

 

8)         Grade, security designation, and escape risk.

 

9)         Disciplinary history.

 

10)         Psychological evaluation.

 

11)         Medical or dental health.

 

12)         Known enemies or documented offenders from whom the offender is to be kept separate.

 

c)          If the screening indicates that the offender is eligible for participation in the Program, the offender must:

 

1)         Complete an application.

 

2)         Consent to participate in the Program.

 

d)         Within 30 working days after receipt of the offender's application, the Family Services Administrator shall forward a referral packet that includes the information reviewed, the offender's application and consent, and other pertinent information such as the availability of an emergency contact, offender's criminal history, mental health evaluation, Department of Children and Family Services clearance, and father's consent to the Chief Administrative Officer of the facility operating the Program.

 

e)         Within 15 work days after receipt of the referral packet, the Chief Administrative Officer shall have the Screening Committee review the application.  The Screening Committee shall be designated by the Deputy Director of Women and Family Services and shall include, but not be limited to:

 

1)         From the Moms and Babies Program facility:

 

A)        Assistant Chief Administrative Officer of Programs.

 

B)        Infant Development Administrator.

 

C)        Child Development Aide.

 

D)        Mental Health Professional.

 

2)         From the facility housing the offender:

 

A)        Assistant Chief Administrative Officer of Programs.

 

B)        Family Services Administrator.

 

C)        Mental Health Professional.

 

f)         Offenders approved to participate in the Program shall be transferred to a Moms and Babies Unit.

 

1)         If no space is available in the Program, the offender shall be placed on a wait list.

 

2)         Offenders who have not been admitted into the Program prior to the delivery of the child shall not be eligible to participate in the Program and shall be removed from the wait list.

 

g)         Offenders who are not accepted into the Program may grieve the denial in accordance with 20 Ill. Adm. Code 504, Subpart F.

 

Section 475.30  Child Health Care Resources

 

a)         Except in emergency situations, Department health care staff shall be prohibited from examining or treating sick or injured children.

 

b)         Whenever possible, well child and sick child medical visits shall be provided at the correctional facility by the local public health department.

 

c)         In the event that the public health medical staff cannot come to the facility, the offender shall be placed on day release in accordance with 20 Ill. Adm. Code 530, Subpart B.  The offender, escorted by two unarmed staff members, shall take the child to an outside health care facility for examination and treatment.

 

Section 475.35  Removal from the Program

 

An offender may be removed from the Moms and Babies Program by the Chief Administrative Officer based upon matters including, but not limited to:  the offender's inability to care for the child; the offender's request; disciplinary reasons; the health of the child; staff recommendations for reasons such as concern with the offender's ability to parent based on mental health status, non-compliance with Program policies and rules, negligence of the child's needs, and physical threat to the child; and safety, security, or administrative concerns.