As an example of a fathers rights violation, take the case involving John D, the child of a previously incarcerated father and a mother who had abandoned him, who was removed from his godmother's home, by a child placement agency that moved him into the care of a non-relative foster parent instead of considering returning him to the return of custody of the child to his birth father. The child placement agency then moved to terminate the father's parental rights, even though adequate reunification services were not provided to the father during his incarceration. Lawyers filed an amicus brief on behalf of the father showing that his fathers rights had been violated.

This brief argued that children of incarcerated parents should not have to risk permanently losing their relationships with their fathers because child placement agencies fail to provide reunification services during parental incarceration. In order to best serve children's interests, and fathers rights, efforts must be made to facilitate the preservation of the emotional relationship between children and their incarcerated parents and reunify families upon release and successful rehabilitation.

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