‘Can You Give Me Any Rationale?’: Durbin Presses Witness On Taking Babies From Incarcerated Moms

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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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Transcript

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.

‘Can You Give Me Any Rationale?’: Durbin Presses Witness On Taking Babies From Incarcerated Moms

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