MILWAUKEE, Wis. — Nearly a year after a court ordered Wisconsin’s Department of Corrections to implement a law allowing certain incarcerated mothers to retain physical custody of their infants, the American Civil Liberties Union is asking a judge to reopen the case and impose sanctions, alleging the agency has failed to comply.
In the Wisconsin prison system, incarcerated mothers have been denied an essential program that would allow them to maintain physical custody of their children. This follows a court ruling a year earlier requiring the Department of Corrections to take action to bring incarcerated mothers and their babies together. The ACLU has now sued the administration to enforce that ruling.
The statute, 301.049, also known as the “mother-young child care program,” requires that the DOC maintain a program allowing incarcerated or supervised women to retain physical custody of their children during participation. The statute does not apply to children of any age; it applies only if the child is under 1 year old or if the incarcerated woman is pregnant.
The mother must consent to the agreement and be approved for participation in the program. Additionally, the statute requires that the DOC place participants in the least restrictive setting to ensure a safe environment and to help incarcerated mothers live in a stable environment.
Alyssa Puphal and Natasha Curtin-Weber are plaintiffs in the case against the DOC and are represented by the ACLU of Wisconsin and Quarles & Brady LLP. Last year, a judge ruled in the plaintiffs’ favor, but they are now seeking to reopen the case, claiming the DOC has not implemented the program mandated by law.
A Feb. 4 filing stated: “At this moment, each and every woman in DOC’s physical custody with a baby under one year old sleeps apart from her child every single night.” According to the article, it was reported in January that only nine states have a prison nursery program, and a few others are considering or developing one.
DOC communications director Beth Hardtke wrote in an email that, because the Legislature rejected a budget request from Gov. Tony Evers to expand earned release to permit mothers to spend more time with their children outside of prison, the department is now required to expand the mother-young child care program to include incarcerated mothers despite the lack of additional funding, according to Wisconsin Public Radio.
The ACLU motion calls for remedial sanctions to compel the agency to comply with the court order. This includes a daily fine for each day the alleged contempt of court continues. The organization has asked that the money from the fines be set aside to support the mother-young child care program and claims that a growing fine would help secure resources for the program. The motion states, “With each month that passes, Defendants’ failure to act violates state law and violates the Writ.”
Puphal gave birth while incarcerated, and Curtin-Weber was pregnant in June 2024 when the lawsuit was filed. After filing the lawsuit, their requests to participate in the mother-young child care program were denied. Both plaintiffs were released on extended supervision last year.
The Feb. 4 motion states that the court ordered the DOC to establish the program without delay and moved to reopen the case, arguing that there has been “no meaningful progress” since that order. A telephone conference in the case is scheduled for March 2.
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