Policy defines incapacitation as being either “a severe injury (e.g., auto accident)” or “severe illness (e.g., cancer)” which “renders the caregiver incapable of caring for the child.”<\/p>\n\t\t\t\t\t5. This category of relief requires a special two-stage review process. What occurs in the first stage?\t\t\t\t\n\t\t\t\t\t In the first stage, the inmate is required to provide the Warden with additional information which pertains to the underlying family situation. This information includes:<\/p>\n If any of the above information is not furnished or adequate, the Warden is authorized to deny the compassionate release request<\/a>.<\/p>\n\t\t\t\t\t6. What occurs in the second review stage?\t\t\t\t\n\t\t\t\t\t In the second stage, “the Warden convenes a committee consisting of the inmate’s unit manager, correctional counselor, and any other relevant staff . . . to investigate the facts and circumstances provided by the inmate and to review supporting letters and documents.” The committee’s goal is to gather relevant documents and verification so that they can be provided to the Warden. Such information and documentation includes:<\/p>\n There are a number of factors considered when assessing this form of compassionate release. They broadly include:<\/p>\n Unfortunately, the chances are slim, as they are for all categories of compassionate release. As detailed on our Compassionate Release Statistics<\/a>\u00a0page, between 2014 and 2018, 3,059 applications were filed. Of these, 282 were for child caregiver reasons. Only 33 of these were actually referred to the Director for review. During this period, 306 requests were granted for all categories of relief, and 2,405 were denied.<\/p>\n\t\t\t\t\t9. If I was to move forward on a compassionate release petition today, what should I do?\t\t\t\t\n\t\t\t\t\t The traditional process applies for all categories of compassionate release. Select a category of relief and secure the required documentation. Draft a petition which fulfills the criteria for the category in question and attach supporting documentation. Finally, file the request with the institution’s Warden.<\/p>\n\t\t\t\t\t10. If I need help, where can I turn?\t\t\t\t\n\t\t\t\t\t The best answer is to hire a compassionate release attorney<\/a>. Our firm can conduct an investigation into your personal, medical, and family background, draft a quality petition, secure and attach relevant documentation to the petition, and file the request. We can also monitor the request’s progress and intervene when necessary. While there are no guarantees, we can give you the best possible chance of success.<\/p>\n If these\u00a0Death or Incapacitation of Child’s Caregiver FAQs didn’t answer all of your questions, call us at 802-444-4357.<\/p>\n\t![\"\"](\"https:\/\/compassionaterelease.com\/wp-content\/uploads\/2018\/12\/autumn-2182008_1920-300x200.jpg\")
<\/strong>The inmate must have a biological or legally adopted child or children whose family member caregiver has either died or become incapacitated. The program statement clarifies that the child or children must be under the age of 18.
<\/strong><\/p>\n\t\t\t\t\t4. What constitutes incapacitation?\t\t\t\t\n\t\t\t\t\t\n
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