Practical measures and strategies

Increasing the support available for children of incarcerated parents

Recommendation 12:

• Provide children with access to emotional and psychosocial support, including help in dealing with stress, trauma, and feelings of stigma, blame and shame.
• Ensure the children’s safety and, if necessary, develop and implement child safety plans; allow the child to stay in his/her home under a “supervision order” with conditions that the parents must follow; and, remove the child if the child safety cannot be ensured.
• Improve the children’s access to existing programs (sport, recreation, mentoring, etc.).
• Facilitate the integration of children into a new school or a new community when they have to relocate.
• Help normalize the child’s life (increased adult support and conversations, new relationships, activities, etc.).
• Offer support to children who have developed behavioural issues that affect their adaptation in school, participation in sports, or enjoyment of recreational and sport activities.

Practical measures and strategies

Minimizing the impact of the parents’ contacts with the criminal justice system on the children at the time of arrest

Recommendation 17: The arrest of a parent can be a traumatic experience for children. It is almost always very disruptive and stressful for the family. It is important to try to mitigate these effects on the children. Also, temporary care arrangements must be made when the parents is the sole caregiver for the child.

• Try to mitigate the impact that arrest of a parent may have on any child present.
• Wherever possible, carry out the arrest in the absence of the child or, at a minimum, in a child-sensitive manner.
• Inquire, at the time of arrest, about the arrangements made for the children.
• Give the arrested parent who has sole custody of a child a reasonable opportunity to select a caregiver unless the arrest is for child abuse or neglect.
• Work together with local agencies to find appropriate ways to support children and other family members during and after an arrest. For example, prior to a planned arrest, agencies and community resources could be made aware, when appropriate, of any dependent or family members that might be present at the arrest.
• Develop protocols and policies concerning arrests and temporary care of children of the arrested individuals.
• Provide guidance to all concerned agencies and organizations, and their personnel, on how to support children and family members during and after an arrest.

Practical measures and strategies

Minimizing the impact of the parents’ contacts with the criminal justice system on the children before trial

Recommendation 18: Pre-trial detention of a parent can be very disruptive for the child. It is a stressful time of transition. At the same time, as bail and other pre-trial decisions are being made concerning a parent, one cannot necessarily rely on that individual to disclose their parenting status and the situation of their children. Parents facing imprisonment have difficulties in arranging care for their children. They have limited time and resources to do so, and may not want to disclose that they have children because of concern that child welfare authorities will become involved. In some instances, chaotic family circumstances may make it difficult for the parents to make suitable care arrangements for their children, particularly in what may be a crisis situation for the family.

Delays in criminal proceedings (particularly when a parent is remanded in custody) can be disruptive and have significant impact on a child. Delays can add to the anxiety and fear experienced by the children. Children need help understanding what is happening to their parent and to themselves.

• Ensure that arrest and detainment procedures take into account the responsibility of parents to arrange care for their children in addition to addressing their legal circumstances.
• Ensure that bail and pre-trial detention decisions take into account, as much as is possible, the likely impact of the decision on the family and the children of the accused.
• Ensure that reporting requirements and conditions attached to a bail supervision order take account of, and do not negatively affect, an offender’s child caring responsibilities.
• Inform families about the conditions imposed by a bail supervision order.
• Avoid unnecessary delays in proceedings concerning a parent/parents in pre-trial detention.
• Assist parents facing pre-trial detention in communicating with their family and arranging temporary care for their children.