Death or Incapacitation of Child's Caregiver Petition
Federal prisoners who have children are allowed to petition for compassionate release in the event of the death or incapacitation of a caregiver so that they can care for their minor children.
According to federal prison Program Statement 5050.49, Compassionate Release/Reduction in Sentence, at § 5, in order to qualify under the Death or Incapacitation of Caregiver category, the inmate must have a child under the age of 18 whose family member caregiver has either died, "suffered a severe injury (e.g., auto accident)," or who "suffers from a severe illness (e.g., cancer) that renders the caregiver incapable of caring for the child."
In an effort to help demystify the compassionate release process, below is a sample Death or Incapacitation of Caregiver category compassionate release petition. This petition is based on a fictional inmate and is intended to illustrate what such a petition might look like. While this is a simple letter example, such petitions are also known as compassionate release applications and forms.
It is strongly recommended that you do not go this alone. We at the Law Offices of Brandon Sample have experienced staff ready to assist you in researching, drafting, and submitting a compassionate release petition for your incarcerated loved one. Through our assistance, we can increase the likelihood of your loved one's successful compassionate release.
See our death or incapacitation of caregiver page for more information about this category of compassionate release.
Sample Compassionate Release Petition for Death or Incapacitation of Caregiver
Reg. No. 56789-012
P.O. Box 9000
Seagoville, TX 75159
June 6, 2018
_____ _____, Warden
2113 North Highway 175
Seagoville, TX 75159
RE: Compassionate Release Petition for Death or Incapacitation of Caregiver
Dear Warden _____:
My name is Jessica Snyder and I'm incarcerated at FCI Seagoville. This letter serves as my petition for compassionate release in accordance with Program Statement 5050.49, Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. § 3582(c)(1)(A).
This petition is specifically made as to the Death or Incapacitation of Caregiver category as discussed in Section 5 of the program statement. According to this program statement, inmates who have a minor child whose family member caregiver has died or become incapacitated due to severe injury or illness qualify for compassionate release.
I am the biological mother of two children: Brian and Jessica. Brian is 14 and Jessica is 12. On May 27, 2018, my husband, Stephen Snyder, was diagnosed with cancer and is currently undergoing chemotherapy at a local hospital. He has lung cancer and complications have resulted in him being confined to the hospital. This has resulted in our children being taken into the custody of Child Protective Services. There are no family members who can care for the children other than me.
In accordance with PS 5050.49 at § 5(a), enclosed are the following pieces of verification documentation: a letter from my husband's doctor verifying his incapacitated condition; a letter from CPS verifying that my children are in their custody; and certified copies of Brian's and Jessica's birth certificates verifying their names, ages, and that I am their birth mother. Furthermore, as required by policy, I authorize the Bureau of Prisons to "obtain any information or documents from any individual, medical entity or doctor, or any government agency about [myself], family members, and minor child[ren]."
Since my husband is incapacitated, and my children are "without a family member caregiver," I respectfully request to be released so that I may care for my children. I am the only family member who is able to care for the children and believe that my release and care for them would be in their best interest.
Since coming to prison in 2014, I have availed myself of multiple drug treatment programs. I have completed the Drug Education Class, Non-Residential Drug Abuse Program (NR-DAP), and Alcoholics Anonymous/Narcotics Anonymous. I have also spent considerable time in the Education Department earning my GED and participating in Adult Continuing Education (ACE) classes. During this time I have been incident report-free.
If granted compassionate release in order to care for my children, I will reside in our family home at 789 Cherry Street, Charleston, SC 00000. I will support myself and my family by going back to work as a tax preparer at Charleston Tax Preparers, which will enable me to immediately provide for the care of my children upon release from custody. I will also secure health insurance to pay for any medical needs.
I pray that you grant this compassionate release petition so that I can return home and care for my kids. They have no one else other than the state to take care of them. Their place is with their parents in the home where they grew up and in the school where they have attended for some time.
Thank you for your time and consideration. It is not only my life that we are speaking of but of two innocent children who desperately need their mother to care for them.
If you would like assistance with a death or incapacitation of a child's caregiver compassionate release petition call 802-444-4357.
- Compassionate Release in Federal Prison
- Criteria for Compassionate Release
- Compassionate Release: Death or Incapacitation of Child's Caregiver
- Death or Incapacitation of Child's Caregiver Compassionate Release FAQs
- The Process of Compassionate Release in Federal Prison
- Compassionate Release Examples
- Compassionate Release FAQs