Parents with criminal histories struggle to regain custody of children

Amna Nawaz:

In our ongoing series Searching for Justice, we have documented the challenges many face after incarceration, things like getting an I.D. and housing and a job.

But many formerly incarcerated people also lose their rights as parents. And some argue that situation was made worse by a law called the Adoption and Safe Families Act that was signed into law 25 years ago tomorrow.

Geoff Bennett is back now with this report.

Geoff Bennett:

A full-time student, Fidel Chagolla rises early each morning to cook breakfast for his father in their San Bernardino apartment, checking to see how he's feeling after dialysis.

Fidel Chagolla, Starting Over, Inc.:

How much do they take out from you last time?

Geoff Bennett:

Then, two days a week, he drives 20 minutes to Riverside to try to connect with formerly incarcerated people leaving the parole office.

Fidel Chagolla:

Could I give me one of these right here? You said you're on parole, right?

A lot of people, like, are still trying to survive. They're still trying to survive. They're still trying to provide for their families and better their lives.

Really do is look for a place that he can move into.

Geoff Bennett:

He works at Starting Over, Inc., a Riverside nonprofit that helps people navigate housing, employment and getting their records expunged.

But for Chagolla, who himself spent six years incarcerated as a juvenile for attempted murder and nearly 10 in state prison for kidnapping, there's a hole in the center of his very busy life, his daughter Zoe, who was removed from his care.

Fidel Chagolla:

She should be here. I wasn't given the opportunity. It was just pretty much based off of like, OK, you have violent felonies. Even if they don't have nothing to do with caring for a child, we don't think you deserve to raise your child.

Geoff Bennett:

Zoe was born in 2016, when Fidel was 39 years old. At that point, he'd been out of prison for six years and off parole for four years and had managed to find steady work, housing and a car.

But, during childbirth, Zoe's mother tested positive for opioids and had previously lost parental rights to her other children. Those two facts triggered the involvement of state child welfare agents, who then looked at Fidel's criminal record and, because of federal and state laws, decided he wasn't fit to be Zoe's father. His rights were terminated, and, in 2019, Zoe was adopted.

Fidel Chagolla:

What I didn't understand was, because of my history of violence when I was a youth in my adolescence, and because of my daughter's mom having other children in the system, that was an automatic way for them to put my daughter on a fast-track adoption.

Geoff Bennett:

Over in nearby Anaheim, most mornings, Stephanie Jeffcoat gets her 13-year-old daughter ready for school before commuting to Los Angeles for her job at A New Way of Life, another reentry organization.

Like Fidel, she has a full-time job, her own car and apartment and is working towards her bachelor's at Cal State Fullerton. Her faith is a big part of her life, and she recently published a book of poetry. But, only a few years ago, Jeffcoat was homeless and battling meth addiction. In 2016, she gave birth to a daughter, who was placed in foster care after Jeffcoat's positive drug test.

Stephanie Jeffcoat, A New Way of Life: After giving birth and having her taken, it just caused me to fall deeper into my addiction.

And so, from 2016 until 2018, I spent probably four times in and out of jail. I was constantly getting arrested for multiple things, such as petty theft and possession of a controlled substance.

Geoff Bennett:

While in jail for six months, a judge terminated her parental rights, and her infant daughter was adopted, she says, without her knowledge.

Stephanie Jeffcoat:

Just not even knowing what she looks like is the hardest part, because I feel I could be walking, and my daughter could walk past me, and I won't even know it is her.

(APPLAUSE)

Bill Clinton, Former President of the United States: Thank you.

Geoff Bennett:

Twenty-five years ago, then-President Clinton signed into law the Adoption and Safe Families Act, known as ASFA, with overwhelming bipartisan support, a response to too many children languishing for too long in foster care.

Bill Clinton:

The new law will help us to speed children out of foster care and to permanent families by setting meaningful time limits for child welfare decisions.

Geoff Bennett:

Using federal funds, that law incentivized state child welfare agencies to move children into adoption more quickly, including a provision that said, if a child spends 15 of the previous 22 months in foster care, agents must move to terminate parental rights, with some exceptions.

For young children, that timeline could move even faster. The law did what it was designed to do, in prompting state agencies to speed up their timelines. Yet, 25 years later, many argue it also incentivized the breaking up of Black, brown and poor families in need of help.

Vonya Quarles, Founder, Starting Over, Inc.:

Democrats like Bill Clinton didn't want to appear soft on crime. And so this is a horrific collateral consequence of incarceration.

Geoff Bennett:

Vonya Quarles is the founder of Starting Over, Inc., which recently welcomed families to its parking lot in Riverside for a Halloween trunk or treat.

WOMAN:

Hi. What's your name?

Geoff Bennett:

Quarles is a lawyer and, for many years, struggled with addiction and incarceration, as well as with child protective services, which she refers to as the family regulation system.

Vonya Quarles:

I was in foster care for years. My mother was incarcerated. My son was in foster care, my oldest son. Three of my children were adopted out while I was going in and out of jail and prison and addiction.

And then I had to fight to get my grandchildren out of the foster care system because of a criminal conviction.

Geoff Bennett:

When state child welfare agents remove a child from a parent's care, they typically create a plan for reunification, requiring things like parenting classes, regular drug tests, stable housing and employment.

But Quarles says ASFA pushes too quickly to terminate parents' rights and that it disproportionately hurts the poor and people coming out of incarceration, amplifying disparities.

Vonya Quarles:

We recognize, at least most of us recognize that the criminal justice system has racial bias inherent in it. And then to look at criminal convictions as a bar or a barrier to family preservation, then you will see how we are actually making the issue worse.

Geoff Bennett:

She argues that, rather than pushing to terminate rights, child welfare agencies should offer more help to struggling parents to keep families together.

Vonya Quarles:

And it's not about family preservation at all. But it could be. It could trigger income assistance, housing assistance, substance use disorder treatment, mental health services, the things that matter and will allow a child to remain with their parents.

Geoff Bennett:

Last year, outgoing California Congresswoman Karen Bass introduced legislation to reform ASFA, but the bill didn't even get a hearing and committee.

PROTESTER:

What do we want?

PROTESTERS:

Our children!

PROTESTER:

When do we want them?

PROTESTERS:

Now!

Geoff Bennett:

In lieu of federal reform, organizations like Starting Over, Inc. and A New Way Of Life are pushing for changes at the state level.

Bobbie Butts, Starting Over, Inc.:

I'm glad it bought us some more time, so now we have a court date in December.

Geoff Bennett:

While also educating parents to give them the best chance of retaining their rights as parents.

Allenda Campbell, Mother:

OK, so the two prongs were the change in circumstances.

Geoff Bennett:

On the day we visited, Starting Over, Inc. employee Bobbie Butts met with Allenda Campbell, a mother of four fighting for custody of her youngest after getting out of jail and finding sobriety.

Allenda Campbell:

I'm here because I need help. They give me answers to go to court with. They — when I'm crying or I feel defeated, I can pick myself back up, and not give up, and not resort to my old life.

Bobbie Butts:

And so their phone number is…

Geoff Bennett:

Butts managed to reunite with her children after they were placed in foster care in 2011 following her arrest.

Bobbie Butts:

I tell my parents, don't miss a drug test. If you test dirty, let them know you need more help. They're expecting us not to tell them the truth, right? They're expecting us not to ask for the help that we really need.

Geoff Bennett:

As for Fidel Chagolla, he didn't give up on being a father even after losing his rights as one.

He says he's kept in touch with Zoe's adoptive family and provided diapers, clothing, strollers, and toys,anything she needed. His daughter's adoptive family only speaks Spanish, while Fidel only speaks English, but he hopes in time he can strengthen his bond with Zoe, who knows him as Tio, or Uncle.

Fidel Chagolla:

A lot of people give up. I refuse to give up, because I have no options. I got to try to do whatever I can and have whatever kind of relationship I can with my child.

Geoff Bennett:

It's a burden he and other formerly incarcerated parents are hoping to ease for future families.

For the "PBS NewsHour," I'm Geoff Bennett.