The Worst Collateral Consequence: Rethinking the Best Interests Standard in the Context of Racism, Classism, and Mass Incarceration

Authors

Abigail Hean, University of Wisconsin Law School

Abstract

The United States incarcerates more people than any other country. In recent years, mandatory minimums, probation revocation, and other laws have led to increased periods of incarceration, even for low-level offenses. When a parent becomes incarcerated, their children are often left in the hands of the state, and a countdown to the termination of parental rights begins. Even if the parent has never been accused of child abuse or neglect, parental rights can be terminated on the grounds that the parent is unable to care for their children while incarcerated. Increasingly, states have placed more emphasis on permanent placement for children, sacrificing family integrity and the fundamental interest of parents in raising their own children. In order to overcome these hurdles, advocates must be prepared to argue that family unity is in children’s best interests and that incarceration alone is not a valid basis to terminate family relationships, which also connect children to their community and culture.

First Page

1

Recommended Citation

Abigail Hean, The Worst Collateral Consequence: Rethinking the Best Interests Standard in the Context of Racism, Classism, and Mass Incarceration, 45 CHILD. LEGAL RTS. J. 1 (2025).
Available at: https://lawecommons.luc.edu/clrj/vol45/iss1/2