By Hayli Millar, Yvon Dandurand, Vivienne Chin, Shawn Bayes, Megan Capp, Richard Fowler, Jessica Jahn, Barbara Pickering, and Allan Castle

This Overview forms part of a broader project on the Best Interests of the Child in Sentencing and Other Decisions Concerning Parents Facing Criminal Sanctions, made possible through the support of a generous project grant from the Vancouver Foundation. The broader project’s objective is to instigate and support a systemic and cultural change in the way that the best interests of the child are considered by defence counsel, the prosecution and the courts. The ultimate intention is to mitigate the negative impact on the child of a parent facing criminal sanctions, especially when the parent/legal guardian is a primary or sole caregiver. The motivation for this work is the general lack of attention directed towards the best interests of dependent children whose parents are before the criminal courts, despite a wide range of international and regional norms and standards which suggest that domestic criminal courts are obliged to take the rights and best interests of dependent children into account as a primary consideration when making bail and sentencing decisions. This lack of attention persists despite all that is known about the negative influence of parental criminal sentences, and in particular incarceration, on children. This Overview is intended specifically to encourage active consideration of child impact and family impact at time of sentencing and other court decisions, principally by prosecutors and judges but also all those with influence in criminal proceedings, to avoid the potentially negative impacts of those decisions. A broader purpose is to raise awareness about these issues more generally, and to assist the reader in identifying practices which serve to diminish consideration of the best interests of the child, where these exist. More generally, the Overview is intended to influence policy change, to encourage greater availability of non-carceral or community-based alternatives to incarceration for people with parental responsibilities, and to support parents in mitigating the impact of their own sentencing and court order compliance on their children. The recommendations in this Overview are intended to stir productive discussion. Our efforts will have been successful if this document encourages subject matter experts and decision makers holding positions of responsibility in the criminal process to consider how the best interests of the child may most suitably and effectively be incorporated into decisions and orders of the criminal courts.

Vancouver: International Centre for Criminal Law Reform and Criminal Justice Policy, 2023. 56p.

Edited by Julie Poehlmann-Tynan and Danielle H. Dallaire

This Brief focuses on mothers in the U.S. criminal justice system and their children. After decades of mass incarceration, the United States now incarcerates more women than any other country in the world, and the vast majority of incarcerated women are mothers of minor children. The growing involvement of mothers in all forms of the criminal justice system, including arrest, incarceration, reentry, and community supervision, requires a better understanding of how such involvement impacts children and families. This Brief presents six new empirical studies, most of them longitudinal, designed to address gaps in our knowledge base about maternal criminal justice involvement and maternal and child well-being. We apply an intergenerational lifespan developmental perspective and discuss the attachment-related themes of separation, loss, and reunion in the introductory chapter and throughout the volume. In addition, issues related to prevention and intervention, gender-responsive programs, and themes of trauma, addiction, child welfare involvement, low resource environments, and resilience are integrated throughout and highlighted in the concluding chapter. The Brief closes by presenting policy and practice implications of the research for mothers involved in the criminal justice system and their children and families.

Cham: Springer Nature, 2021 167p.

By Sarah Schirmer, Ashley Nellis and Marc Mauer

Mass incarceration has had significant and long-lasting impacts on American society, and particularly on communities of color. There is now a growing awareness that parents who go to prison do not suffer the consequences alone; the children of incarcerated parents often lose contact with their parent and visits are sometimes rare. Children of incarcerated parents are more likely to drop out of school, engage in delinquency, and subsequently be incarcerated themselves.1 In 2007 there were 1.7 million children in America with a parent in prison, more than 70% of whom were children of color. Children of incarcerated parents live in a variety of circumstances. Some were previously in homes of two-parent families, where the non-incarcerated parent can assume primary responsibility for the children. Many children, especially in cases of women’s incarceration, were in single-parent homes and are then cared for by a grandparent or other relative, if not in foster care. And in some cases, due to substance abuse and other factors, incarcerated parents had either not lived with their children or not provided a secure environment for them. Following release from prison both parents and children face challenges in reuniting their families. Parents have to cope with the difficulty of finding employment and stable housing while also reestablishing a relationship with their children.

Washington, DC: The Sentencing Project, 2009. 14p.

By Creasie Finney Hairston

What is it like to grow up with a parent in prison? What are the immediate and long-term effects of parental incarceration on children? How can we best serve the needs of these children and ensure that they receive the support they need to thrive under challenging circumstances? These are questions that still need to be answered. Research that focuses on children whose parents are incarcerated has been quite limited, despite the growing numbers of children who are affected by the imprisonment of their mother or father. Over 1.5 million children in the United States have a parent who is in prison. Several million more have grown up with a parent in prison during some part of their formative years. The children of incarcerated parents have long been an almost invisible population, but in recent years, they have begun to receive attention from public policymakers, traditional social service providers and academic researchers. Some, concerned about the rapidly growing correctional population of more than two million people, fear that these children are at a higher risk to become incarcerated themselves as adults. Others are motivated by a desire to better understand and promote the well-being of children living in challenging life circumstances. This overview is based primarily on research published during the last 20 years, though some earlier works are included. It also draws on several years of consultation on programs and research involving prisoners and their families.

Baltimore: Annie E. Casey Foundation, 2007. 44p.

Edited by J. Mark Eddy and Julie Poehlmann-Tynan

The second edition of this handbook examines family life, health, and educational issues that often arise for the millions of children in the United States whose parents are in prison or jail. It details how these youth are more likely to exhibit behavior problems such as aggression, substance abuse, learning difficulties, mental health concerns, and physical health issues. It also examines resilience and how children and families thrive even in the face of multiple challenges related to parental incarceration. Chapters integrate diverse; interdisciplinary; and rapidly expanding literature and synthesizes rigorous scholarship to address the needs of children from multiple perspectives, including child welfare; education; health care; mental health; law enforcement; corrections; and law. The handbook concludes with a chapter that explores new directions in research, policy, and practice to improve the life chances of children with incarcerated parents.

Cham: Springer, 2019. 386p.

By Jeremy Travis; Elizabeth M. Cincotta and Amy L. Solomon

With incarceration rates in America at record high levels, the criminal justice system now touches the lives of millions of children each year. The imprisonment of nearly three-quarters of a million parents disrupts parent-child relationships, alters the networks of familial support, and places new burdens on governmental services such as schools, foster care, adoption agencies, and youth-serving organizations. Few studies have explored the impact of parental incarceration on young children or identified the needs that arise from such circumstances. Little attention has focused on how communities, social service agencies, health care providers, and the criminal justice system can work collaboratively to better meet the needs of the families left behind. This policy brief is intended to help focus attention on these hidden costs of our criminal justice policies.

Washington, DC: Urban Institute, 2005. 12p.

By Jennifer Rosenberg

Maternal imprisonment has particular aspects and creates special challenges for families, policy makers and prison authorities alike, including the question of babies and young children being in prison with their mothers. However, any parental imprisonment impacts on the children. Some of these impacts may be the same, or similar, irrespective of whether the imprisoned parent is the mother or the father. Others may be completely different. Since QUNO’s previous research and publications have focussed primarily on the effect of maternal imprisonment, this paper, drawing on secondary sources, seeks to build on and complement these by identifying the similarities and differences in relation to the effect of paternal imprisonment on children.

Geneva, SWIT: Quaker United Nations Office, 2009. 50p.

By Jean Tomkin

The legal rights of children under international law have been developing since 1919, with both regional and global treaties safeguarding their interests. Yet many of these rights, enshrined in the Convention on the Rights of the Child and other texts, are put at risk when a parent is imprisoned…. At the core of decisions relating to children, including children affected by the actual or potential imprisonment of a parent, is a determination of their best interests. This principle, which requires that the best interests of the child is a primary consideration, has been interpreted widely by States. This paper sets out to analyse the approach of courts in a variety of jurisdictions.

Geneva, SWIT: Quaker United Nations Office, 2009. 58p.

By Oliver Robertson

This paper draws together many of the examples of good policy and practice that were made at the UN Committee on the Rights of the Child’s Day of General Discussion (DGD) 2011, on the topic ‘Children of Incarcerated Parents’

The paper will begin with an introduction and some general principles to consider at all times, then look at some issues that occur at various points (data collection, future research and what to tell the children about their parent’s situation) before focusing in detail on each stage of the criminal justice process, from arrest to release and reintegration. Each section will begin with a general principle to help frame the issue, with more specific recommendations and examples of potential good practice made throughout the paper. The recommendations, good practice and issues are not meant to be exhaustive, but to highlight what emerged from the Day of General Discussion.

Geneva, SWIT: Quaker United Nations Office, 2012. 84p.

Edited by Adele D. Jones and Agnieszka E. Wainaina-Woźna

Estimates are that 125,000 children have a parent in prison in England and Wales. Indeed, on the international stage, over half of all prisoners worldwide are thought to have children under the age of 18 yet the impact of a parent’s incarceration on a child is rarely taken into account. COPING increases understanding of how the imprisonment of a parent really affects children. Working in different countries, with different social and cultural traditions, different incarceration levels and different policies and interventions, our research has produced evidence that can inform policy and programmes to better support and protect children from the effects of parental imprisonment right across Europe.”

Huddersfield, UK: University of Huddersfield, 2013. 670p.