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.

Practical measures and strategies

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

Recommendation 19: The best interests of the child should be considered when dealing with offenders with parental responsibilities. Decision making at the time of sentencing can be improved by ensuring that the impact of the decision on the offenders’ children is considered. Minimize children’s separation from their parents in conflict with the law by limiting the use of imprisonment whenever possible and appropriate.

• Provide courts with accurate information about an accused’s family situation and the potential impact of sentencing and bail decisions on family members, including through a pre-sentence, Gladue or cultural impact assessment report.
• Introduce the use of children/family impact assessments or statements at the time of sentencing.
• Where a custodial sentence is being contemplated, take into consideration the rights and best interests of any affected child and a child’s right to have their views considered.
• Use alternatives to detention or community-based sentences, as far as possible and appropriate, especially in the case of a parent who is a primary caregiver.
• Ensure that non-custodial sentences take account of an offender’s parental responsibilities.

Practical measures and strategies

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

Recommendation 20: The incarceration of a parent, particularly a mother who is a primary or sole caregiver or who has very young children, can have very detrimental impact on the child/children. Various measures can be taken during incarceration, when appropriate, to help maintain the bond between children and their parent, facilitate, contacts between them, and prepare for their eventual reunification. Contact between a child and his or her incarcerated parent can positively impact the child.

• Prior to, or on admission, enable individuals with parental responsibilities to make arrangements for those children, taking into account the best interests of the child.
• Ensure that prison administrations collect information at intake and later regarding the children of detainees, keep that information up-to-date, and protect its confidentiality.
• On admission and on a prisoner’s transfer, assist prisoners (who wish to do so) to inform their children (and their caregivers) of their imprisonment and whereabouts or ensure that such information is communicated to them.
• Make information available about contact and visiting modalities, procedures and internal rules in a child-friendly manner and in different languages and formats as necessary.
• Give due regard in decisions regarding the transfer of the incarcerated parent to the best interests of the child when considering the rehabilitation purpose of the transfer.
• Enforce restrictions on contact of incarcerated parents in a manner that respects the children’s right to maintain contact with their parent.
• Consider significant events in a child’s life, such as birthdays, first day of school, graduation, or hospitalization when granting prison leave to parents.
• Ensure that children are allowed to visit an imprisoned parent, when appropriate, as soon as possible following the parents’ detention and, on a regular and frequent basis, from then on.
• Organize children’s visits so as not to interfere with other elements of the child’s life, such as school attendance.
• Allow arrangements for a qualified person to accompany the children during prison visits if the children’s caregiver is not available to accompany the child.
• Ensure that the prison visit context is respectful to the child’s dignity and right to privacy, including providing child-friendly spaces when possible, facilitating access and visits for children with special needs, and taking into account the children’sdevelopmental needs (physical contact, food, and play).
• Arrange the children’s visits in a flexible manner, particularly when the children’s parents are imprisoned far away from home.
• Use information and communication technology (e.g., video-conferencing, mobile and other telephone systems, internet, including webcam and chat functions), when a family is unable to visit regularly, to facilitate communications between parents and children.
• Assist imprisoned parents with the costs of communicating with their children if their means do not allow it.
• Facilitate imprisoned parents’ participation in the parenting of their children, including communicating with school, health and welfare services and taking decisions in this respect, except in cases where it is not in the child’s best interests.
• Facilitate home leaves for the parents, in particular during the period before their release in order to provide opportunities for them to prepare for fully resuming their parental role and its responsibilities on release, when appropriate.
• Offer programs to incarcerated parents that support and develop a positive child parent relationship.

Minimizing the impact of the parents’ contacts with the criminal justice system on the children at the time of social reintegration of incarcerated parents

Recommendation 21:

• Support the parents’ reintegration after incarceration (reintegration planning, housing at point of release, access to financial assistance, etc.) and provide support for family issues.
• Involve children’s families and caregivers in the planning of the parent’s release and return to the community.
• Work collaboratively with families to ensure a smooth transition of the incarcerated parent from custody to the community.
• Expand family contacts and increase family involvement in preparation for the parents’ release. Design and implement pre- and post-release reintegration programs that take into account the specific needs of individuals resuming their parental role in the community.
• Ensure that decisions regarding early release of incarcerated parents take into account their parental responsibilities, as well as their specific family reintegration needs and issues.