CJA Blog > Policies That Support the Children of Incarcerated Parents Bill of Rights (Part 1)

Policies That Support the Children of Incarcerated Parents Bill of Rights (Part 1)

November 5, 2009
by CJA Admin

Recognizing that the children of incarcerated parents have rights is the first step in helping them build positive, pro-social lives. Developing policies that support their rights is the second step. The following is excerpted from Children of Incarcerated Parents: A Bill of Rights.

  1. I have the right to be kept safe and informed at the time of my parent’s arrest.
    • Develop arrest protocols that support and protect arrestee’s children, but do not necessarily involve the child welfare system and increase the risk of permanent separation.
    • Recruit and train advocates to support children during and/or after a parent’s arrest.
  2. I have the right to be heard when decisions are made about me.
    • Create a voice for children in court proceedings that will affect their lives.
    • Listen. If young people feel blamed or unheard—if their pain remains secret or their needs go unexpressed—the burden of parental incarceration grows heavier. But if adults make the effort to listen without judgment and learn for children’s hard-won experience, each interaction provides an opportunity to offer solace and respite.
  3. I have the right to be considered when decisions are made about my parent.
    • Ensure that sentencing laws, guidelines and decisions fulfill their public safety function without causing unnecessary harm to children.
    • Turn arrest into an opportunity for family preservation. Develop protocols that offer support before parents lose the capacity to care for their children, and children lose the opportunity to be cared for by their parents.
  4. I have the right to be well cared for in my parent’s absence.
    • Support children by supporting their caregivers.
    • Consider subsidized guardianship as an alternative to foster care for children of incarcerated parents.

In our next entry, we will look at policies for the final four rights.

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