During a Senate Judiciary Committee hearing on Wednesday, Sen. Dick Durbin (D-IL) questioned witnesses about the trauma imposed on women who give birth while incarcerated.
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NewsTranscript
00:00After the drafting of the Constitution, the decision was made that there would be a Bill of Rights,
00:07ten provisions that are so basic and fundamental to the United States that they were set out in detail as part of our Constitution.
00:16The Eighth Amendment to the Constitution provides excessive bail should not be required,
00:22nor excessive fines imposed, nor cruel and unusual punishment inflicted.
00:29What have we heard today?
00:32If what we've heard is not cruel and unusual, God help me, I can't imagine.
00:38To endanger the life of a new infant, to endanger the life of the mother,
00:43Dr. Sufrin, it seems to go beyond the physical.
00:47Trying to measure the mental distress that Ms. Humberger, Ms. Lavoie's daughter, and others are going through
00:55at a time when they should be joyous, bringing new life in this world.
01:01Can you speak to that issue?
01:03Thank you, Senator, for your question, and yes I can.
01:06Seventy percent of incarcerated women have mental health conditions,
01:11even before they go through, if they're pregnant, the trauma of birthing behind bars.
01:18And so when you add to that the trauma, the degradation, the physical harm,
01:24that compounds and that can cause additional harm and psychiatric and mental health conditions as well.
01:32We think we're so enlightened, this generation of political leaders, myself included,
01:37because we speak in honest terms about mental illness and treating it,
01:43making sure that our health insurance covers it,
01:46and being open about the aspect of trauma and what it does to a person's mind.
01:53We go through episodes of violence, crime, murder,
01:59and much of it is traced back to trauma that these young people experienced in an early life.
02:06What I hear described today is the trauma that these two witnesses,
02:09one our daughter and Ms. Umberger personally, have gone through in their lives.
02:16Her daughter was facing a sentence, Ms. Umberger as well,
02:20but that sentence did not include trauma and mental distress and cruel punishment.
02:26In fact, there was a constitutional guarantee that would not happen.
02:29Ms. Umberger, it's painful to even ask this question,
02:36but was your daughter put in foster care during the time that you didn't see her?
02:41Yes, sir.
02:43And what is her status today?
02:46She's home. She's with her father. She lives with him full time.
02:50They gave him full custody while I was still incarcerated.
02:54Is it customary for the children to be put in foster care in these circumstances?
03:03I'm happy to answer that question, Senator Durbin.
03:06It depends.
03:07If there is a family member who is able to care for that infant, then that is what happens.
03:16But many, many people do not have a trusted individual who has the resources
03:22and ability to care for a newborn.
03:24And in that case, yes, the default is to go into the foster care system.
03:29Would you give me any rationale for the removal of an infant from a new mother
03:34so that she cannot nurse her or care for her personally?
03:39No, I cannot.
03:40I can't either.
03:42I suppose there are some extraordinary cases involving public safety
03:46where you might be able to make that argument, but they would truly be extraordinary.
03:52Thank you, Mr. Chairman.
03:55Thank you, Chair Durbin, Senator Kennedy.