Practical measures and strategies

Improving information exchange among those who can offer support and assistance to the children

Recommendation 11: One must attempt to facilitate the exchange of information among those agencies, institutions, and services that are able to offer care and assistance to children of parents in conflict with the law. At the same time, the privacy protection measures guiding information exchange must be respected. In that way, organizations are provided with the mandate and capacity to collaborate and share information to provide a continuum of care to the children and their families.

• Remove obstacles that hinder outreach activities and the identification of children of parents in conflict with the law by those who can offer them support and assistance. This may involve re-examining, in the light of the principle of the best interests of the child, any privacy and confidentiality protection measure or other factors hindering information exchange and collaboration among and between agencies and significant community resources. For example, the Freedom of Information and Protection of Privacy Act can be upheld through individuals and families controlling access to and disclosure of personal information through informed consent.
• Develop interagency protocols regarding the sharing of information in order to facilitate supportive interventions, or review existing cooperation protocols.
• Ensure that interagency protocols clearly specify the situations in which a guardian’s or a family’s permission to share information is not required, for example when there are child and adult protection issues.

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

Increasing support for the families

Recommendation 13: The incarceration of one parent often results in various forms of hardship for the rest of the family, particularly the children. Imprisonment disrupts positive, nurturing relationships between many parents—particularly mothers who are often the sole or primary caregiver—and their children. Children and their families suffer economic strain and instability when a parent is imprisoned. Family members are not guilty of anything. All agencies and services involved with the families should try to mitigate the impact on family members at all stages of the criminal justice system, ensuretheir rights are upheld, and ensure they are not discriminated against because of the actions of their family member. Supporting the families and strengthening the children’s positive family connections are necessary to ensure a healthy child development. Different forms of support are needed.

• Encourage the various agencies and services involved with the children to work towards positive family outcomes and to adopt consistent practices in the support of families and positive life outcomes for the children.
• Ensure that families understand the criminal justice process and are aware of the supports available.
• Provide information to families and ensure that the information provided is timely and accurate.
• Encourage and support parents and caregivers to explain procedures, decisions and the truth of the situation to children in an age appropriate manner.
• Ensure that families have access to information and assistance on a range of issues such as housing, benefits and finances, legal issues, health, or childcare.
• Facilitate appropriate contacts between family members and the incarcerated parent.
• Provide guidance to agencies dealing with families of parents in conflict with the law.
• Conduct family impact assessments when new policies and practices are developed that may affect the families of people in conflict with the law.
• Keep incarcerated parents informed about the situation and well-being of their children and other family members, and support them in managing family concerns as appropriate.

Practical measures and strategies

Increasing support for alternative caregivers

Recommendation 14:

• Support relatives who are taking care of the children. For example, see the EFry Brochure on “Raising a Relative’s Child”.
• Support foster parents and work with the agencies responsible for foster care arrangements to provide them with information, resources, and training.

Practical measures and strategies

Helping parents and caregivers deal with family law and other legal issues

Recommendation 15:

• Provide timely access to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
• Provide legal information to children in an age-sensitive manner.
• Provide timely across to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
• Help parents and caregivers deal with child custody and child protection matters.
• Provide legal advocacy for the children and protect their rights in all contacts with the legal system.

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

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.