Who can apply to the Living with Mum program?
Section 31 of the Corrections Act 1986 (Vic) says Corrections Victoria may allow a child to live with their parent in prison if:
- It’s in the best interests of the child to live with their parent in prison; and
- Having the child living at the prison will not threaten the management, good order or security of the prison.
‘Parent’ means someone:
- Who would have day-to-day care and control of the child; and
- Who would usually have the child living with them if they weren’t in prison.
Eligibility of the parent
To be eligible to apply for LWM, you must:
- Have been the primary carer of a child who is pre-school age immediately before going into prison; or
- Be pregnant and due to give birth while in prison.
You can be on the LWM Program whether you are on remand or serving a sentence.
You do not have to be the biological parent of the child.
Important: you must not be excluded from the Living with Mum program just because you have identified health or drug treatment needs, or because of your current or past offences. This comes from Commissioner’s Requirement 3.4.1.
Eligibility of the child
The LWM Program generally only allows children who are pre-school age (usually younger than 5). It’s possible for the program to make an exception if:
- You are coming towards the last part of your sentence and it’s best for the child to stay in your care and have stability; or
- Separating your child from you is against your child’s best interests in the short-term.
Commissioner’s Requirement 3.4.1 says that any children coming into the program will need to have up-to-date vaccinations.
It also says that a child may not be considered eligible for the program if they have medical or health conditions that mean being in prison is not in their best interests. This might be because they have essential treatment or environmental needs that can’t be met in prison.