Children of Incarcerated Parents

Ch i l d r e n o f In c a r c e r at e d Pa r e n t s 7
What are the challenges to children and parents associated with discharge from prison?
The effects of parental incarceration on children do not end with a parent’s discharge from prison. Approximately
650,000 people are released from state and federal prisons annually, and a much larger number are released
from local jails. 25 Many parents who are discharged from prisons intend to reunite with their minor children,
but may not anticipate the difficulties associated with doing so. Former inmates face immense challenges, both
internal and external, to build productive lives for themselves, including finding jobs, housing and health care
and avoiding further involvement with the criminal justice system. Many grapple with paying off debts that
have accumulated during imprisonment, including child support arrearages, criminal fines, court and legal fees,
and restitution. 26 These challenges have been extensively documented and discussed elsewhere. 27
Re-entry can be even more daunting for women with children than for men. Compared to male former inmates,
women are more likely to be dealing with the psychological effects of past trauma and abuse and are more likely to
have abused drugs, alcohol or both at the time of imprisonment. 28 At the same time, reunification with children
is likely to be a more important part of re-entry for women than it is for men.
Prisoner re-entry also can be challenging and stressful for children. Children grow, change and often form relationships
with new parental figures during a parent’s incarceration. These parental figures—and perhaps other
family members—often are reluctant to allow a child to re-establish a relationship with a parent upon release.
Such family conflicts can destabilize already fragile families and leave children confused and torn. More important,
the return of a violent offender can increase the risk that a child will be subjected or exposed to domestic
violence. 29
Wh at p o l i c y o p t i o n s a r e ava i l a b l e to s tat e l e g i s l at o r s to i m p r o v e t h e l i v e s o f
c h i l d r e n o f i n c a rc e r at e d pa r e n t s?
Parental incarceration is not an isolated event, it is a process that unfolds over time. To protect children from the
harmful effects of parental incarceration, the interests of children should be considered at each stage of the process,
including arrest, sentencing, intake, incarceration and re-entry. Because the process involves many agencies and
individuals who do not routinely coordinate their efforts or communicate with one another, a key policy goal is
to ensure that such agencies and individuals work together to promote the best interests of children when their
parents go to jail or prison. Possible policy interventions at each stage of the incarceration process follows.
Arrest Phase
The arrest of a parent can be highly traumatic to a child, yet most police departments have no protocols to protect
children, explain to them what is happening and ensure that they are properly cared for after a parent is arrested.
To ensure that the needs of children are taken into account during an arrest, some jurisdictions have replicated
a program called Child Development-Community Policing (CD-CP), a collaboration between the New Haven
Department of Police Service and the Yale Child Study Center. The program trains police in child development,
provides clinicians to work with children at the scene of an arrest, provides treatment and counseling for such
children, and provides ongoing consultation for police and child welfare workers. 30
At least two states enacted legislation to address the needs of children at the time a parent is arrested. California
law encourages law enforcement personnel and child welfare agencies to develop protocols and apply for federal
training funds to learn to better cooperate in the arrest of a parent to ensure a child’s safety and well-being. 31
California also allows arrestees, during the booking process, to make two additional telephone calls to arrange
for care for their children. 32 New Mexico law requires that law enforcement training include how to ensure child
National Conference of State Legislatures