Practical measures and strategies

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

Recommendation 16: Decisions concerning the parent in conflict with the law should, wherever possible, consider whether the parent has dependents or responsibilities for the care of children, whether the offender is a sole or primary caregiver, the age and developmental needs of the children involved, and the best interests of each of the children involved. To that end, a number of measures can be taken at each stage of the criminal justice process.

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

Committing to a culturally sensitive approach, including respect for Indigenous values and traditions

Recommendation 24:

• Support the development of systems, standards and practices that respect and reflect the pivotal place that culture, tradition, values, language and identity play in the lives of children.
• Help children build connection to community, culture, group, clan, and extended family when those relationships have been damaged.
• Engage community resources without a formal mandate to support the children and their families.
• Help Indigenous children and heal families by helping children preserve their aboriginal identity.
• Keep Indigenous children connected to their land, languages and culture.
• Make use of Indigenous decision-making process.
• Work closely with Indigenous communities to identify ways to protect children of parents in conflict with the law without removing them from the family or the community, and find homes within the children’s extended family or community.