Position Statement - Children with Incarcerated Parents: An Unmet Mental Health Need June 2015, Publication #CM49.01
Table of Contents Acknowledgements ............................................................................................. 3 Introduction ......................................................................................................... 4 What we know about children of incarcerated parents......................................... 4 What we don’t know about children of incarcerated parents. ............................... 6 Prevention and early intervention services .......................................................... 7 Recommendations .............................................................................................. 9 Conclusion ........................................................................................................ 12
Acknowledgements Funding for this report was provided by a statewide prevention and early intervention (PEI) grant through the California Mental Health Services Authority (CalMHSA) and Prop. 63. Statewide PEI initiatives are funded by counties and administered by CalMHSA to prevent suicides, reduce stigma and discrimination, and improve student mental health. Disability Rights California and its subcontractors work on the stigma and discrimination initiative includes: - examining laws and policies and developing related fact sheets - providing training to the public about legal rights of Californians with disabilities - recommending needed changes to discriminatory laws and policies - distributing culturally relevant and age appropriate facts sheets and training materials - providing information and assistance with private insurance mental health parity issues We would like to acknowledge our funders and supporters who provided input on this report: - Disability Rights California’s Stigma and Discrimination Reduction Project Advisory Group - Mental Health Advocacy Services’ Youth Advisory Committee - Stigma and Discrimination Reduction Consortium - CalMHSA staff - Belanie Brown, BA B.Min, Community & Government Relations, Office of the Director of the Los Angeles County Mental Health Department - Marvin J. Southard, D.S.W., Director of the Los Angeles County Mental Health Department - Rebecca J. Shlafer, Ph.D., Assistant Professor, Division of General Pediatrics and Adolescent Health, Department of Pediatrics, University of Minnesota
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Introduction It is estimated that more than 1.75 million children have a parent currently in prison in the United States.1 Many of these children grow up in foster care, with grandparents or other relatives, or bounce among an array of temporary caregivers. One report cites a study that as many as 90% of children in long-term foster care have a parent who has been arrested or incarcerated. 2 Although little information exists on these children, given their background, it is reasonable to assume that they are at risk of significant long-term consequences, including depression, anxiety, cognitive delays, and difficulties in school.3 Girls between the ages of 10 and 16 who are in the foster care system are at risk of sexual exploitation, including sex trafficking.4 Not only have these children lost a parent to the penal system, but they may well be further traumatized as they cycle through multiple systems, including the mental health system. Further, they face stigma and discrimination from their peers, teachers, and other service providers for the mere fact of being a child with an incarcerated parent. In some cases, this stigma can lead to isolation, peer hostility, and social rejection.5 The goal of this position statement is to define who these children are, describe the problems they face, and propose some recommendations to address these problems. What we know about children of incarcerated parents.
Shlafer, Rebecca J., Erica Gerrity., Ebony Ruhland and Marc Wheeler, “Children with Incarcerated Parents – Considering Children’s Outcomes in the Context of Family Experiences,” p. 9 (June 2013) available at http://www.extension.umn.edu/family/cyfc/ourprograms/ereview/docs/June2013ereview.pdf. 2 Johnson-Peterkin, Yolanda, “Information Packet: Children of Incarcerated Parents,” p.2 (May 2003), available at http://www.hunter.cuny.edu/socwork/nrcfcpp/downloads/information_packets/children-ofincarcerated-parents.pdf. 3 Shlafer, Rebecca J., Erica Gerrity, Ebony Ruhland, and Marc Wheeler, op. cit., p. 4. 4 Abuana, Aubrey, “Human Trafficking: Foster Children in L.A.,” available at http://www.ejournalncrp.org/human-trafficking-foster-children-in-l-a/ 5 Nesmith, Andrea and Ebony Ruhland (2008). “Children of incarcerated parents: challenges and resiliency in their own words,” Children and Youth Services Review, Vol. 30, pp. 11191130. 1
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According to the Appleseed Network, “the children of incarcerated parents become victims of our legal system – in the absence of their parents, these children's educational and emotional development stagnates or regresses. Children and family members suffer both during incarceration and again upon inmate reentry, as the family must readjust to its new structure.”6 The trauma experienced by children with incarcerated parents may result in the following symptoms: 1. fear, sadness, loneliness, guilt, low self-esteem, depression, emotional withdrawal from friends and family; 2. separation anxiety and fears of abandonment; 3. eating and sleeping disorders; 4. anxiety and hyper-arousal, attention disorders and developmental regression; 5. physical aggression, withdrawal, acting out, academic and behavioral difficulties, truancy; 6. self-medication or misuse of alcohol or drugs.7 Citing a series of studies, the New York Initiative for Children of Incarcerated Parents reports that these children may “experience a two-fold increase in risk to mental health problems, and higher rates of major depression and attention disorders, then the general population of youth.” Further, “the children’s distress during a period of separation . . . may lead to “failure-to-thrive, depression, delinquency, and academic problems.” In addition, the traumatizing event of being separated from a parent “may cause long-lasting changes in the brain, leading to adverse health and mental health outcomes.”8
6
Appleseed This Week, “Connecting with Children from Behind Bars” (10/10/13). See Washington State, A Behavioral Health Toolkit for Providers working with Children of the Incarcerated and their Families (December 2009), p. 3, available at http://www.dshs.wa.gov/pdf/dbhr/youthtxtoolkit.pdf The toolkit provides social service professionals with skills necessary to respond to the needs of children whose parent(s) are in prison or have a history of incarceration. 8 The Osborne Association, “Fact Sheet: Parent Incarceration’s Impact on Children’s Health” (May 2012) (citations omitted), available at: 7
http://www.osborneny.org/images/uploads/printMedia/Parental%20Incarceration's%20Impact% 20on%20Children's%20Health%20Fact%20Sheet_Osborne.pdf
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Dr. Henrie Treadwell, research professor at the Morehouse School of Medicine, writes that studies suggest girls with an incarcerated household member have sex at younger ages, are less likely to use contraceptives, have more sexual partners and are more likely to become pregnant before age 20. Other research reported by Dr. Treadwell indicates that 23 percent of children with a father who has served time in jail or prison have been expelled or suspended from school.”9 The Centers for Disease Control and Prevention recognizes parental incarceration as one of the 10 negative events experienced early in life known as an “adverse childhood experience” (ACE).10 People with multiple adverse childhood experiences have an increased risk of long-term negative health and mental health outcomes.11 Further, the impact of the stigma of having a parent incarcerated cannot be ignored as it may represent one of the most damaging results of parental incarceration, lasting for many children long after the parent is released.12 These children often do not receive the support they need for grieving a departed parent,13 and may either internalize the stigma and experience lower self-esteem or react with anger, defiance, and a desire for retaliation.14 What we don’t know about children of incarcerated parents. California like many state corrections departments “do not systematically collect information about incarcerated parents.”15 The number of children of incarcerated parents in California is an estimate because the state does not request or keep family information about each arrested or convicted person.
Henrie M. Treadwell, Ph.D., “Opinion: Children of incarcerated parents are ‘collateral damage’ of criminal justice system” (July 3, 2013) available at: http://www.nj.com/timesopinion/index.ssf/2013/07/opinion_children_of_incarcerat.html 10See http://www.cdc.gov/ace/pdf/fhhflorna.pdf (female); http://www.cdc.gov/ace/pdf/fhhmlorna.pdf (male) 11 Shlafer, Rebecca J, Erica Gerrity, Ebony Ruhland and Marc Wheeler, op. cit., p.5 12 San Francisco Children of Incarcerated Parents Partnership. 2005. “Children of Incarcerated Parents: A Bill of Rights.” http://www.norcalserviceleague.org/images/billrite.pdf. 13 Hostetter, Edwin C., and Dorothea T. Jinna. 1993. “Research Summary: Families of Adult Prisoners. Prison Fellowship Ministries.” http://www.fcnetwork.org/reading/researc.html. 14 La Vigne, Nancy G., Elizabeth Davies and Diana Brazzell. 2007. “Broken Bonds: Understanding and Addressing the Needs of Children with Incarcerated Parents.”Urban Institute, p. 9 15 Shlafer, Rebecca J., Erica Gerrity, Ebony Ruhland, and Marc Wheeler, op. cit., p.3 9
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Given the limited prevalence data, we do not know how many children “are at increased risk for both internalizing (e.g., depression, anxiety, withdrawal) and externalizing (e.g., delinquency, substance use) behavior problems, cognitive delays, and difficulties in school.”16 Nonetheless, we know that there are unmet needs and that children with incarcerated parents are at risk. The Children’s Mental Health eReview at the University of Minnesota has concluded: Like other Adverse Child Experiences, the incarceration of a parent often results in exposure to other risk factors that can compromise health and development across the life course. Although incarceration is not likely the cause of these compromised outcomes, it instead serves as one indicator of other co-occurring risks and vulnerabilities that make these families particularly fragile.17 Prevention and early intervention services Systems and communities can respond to the needs of children of incarcerated parents in a number of ways that will lessen the impact of losing a parent. The following are examples of some of these efforts. -
The Children’s Hospital & Research Center Oakland has organized a workshop designed to increase the ability of clinicians and programs to understand the needs and to develop intervention strategies for young children and their families who have been impacted by incarceration. 18
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“A significant body of research has developed around appropriate services for kids exposed to violence, including: child witness to violence therapeutic services, trauma-informed therapy, reparative therapy, child-parent psychotherapy for family violence, play therapy, and other modalities.”19
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Children with incarcerated parents need “access to specially trained therapists, counselors and/or mentors.”20
Ibid, p.4. Ibid, p. 9. 18 See http://alamedacounty10x10.org/events/invisible-children-incarcerated-parents. 19 The Annie E. Casey Foundation, “When a Parent Is Incarcerated: A Primer for Social Workers” (2011) p. 12, available at: http://www.courts.ca.gov/documents/When_A_Parent_Is_Incarcerated_Primer.pdf 20 San Francisco Children of Incarcerated Parents, “From Rights to Realities – An Agenda for Action,” available at: http://www.sfcipp.org/rights.html 16 17
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“Each child of an incarcerated parent is unique and requires individualized assessment and support.”21 A child’s experiences may vary “based on age, racial category, class, location, type of crime…, length of sentence, history of parental incarceration, family structure prior, during, and after incarceration.”22 Further, “it is important to keep in mind how the effects of a parent’s incarceration may vary depending on the child’s age and developmental capacities both at the time the parent is incarcerated and when the parent is released. For example, maternal incarceration during infancy may result in separation between the child and his primary attachment figure.”23
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“Approximately 70% of children whose mothers are in prison live with grandparents and other relatives.”24 Further, “[s]trong family ties during imprisonment can have a positive impact on people returning from prison and on their children.”25
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In 2013, the Federal Interagency Working Group for Children of Incarcerated Parents developed the Children in Foster Care with Parents in Federal Prison: A Toolkit for Child Welfare Agencies, Federal Prisons, and Resident Reentry Centers.26
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Further, according to the Appleseed Network, “[r]einforcing the literacy skills of re-entering inmates and their children will help to ease their transition, help the family move forward more cohesively and better equip parents to re-enter the workforce.”27
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The Child Welfare Information Gateway has compiled a database of materials for working with incarcerated parents.28
The Osborne Association, op. cit. Shlafer, Rebecca J., Erica Gerrity, Ebony Ruhland and March Wheeler, op. cit., p. 14. 23 Ibid, p 6. 24 National Resource Center on Children and Families of the Incarcerated (NRCCFI), “Children And Families Of The Incarcerated Fact Sheet,” p.4, available at: http://www.f2f.ca.gov/res/pdf/Children-FamiliesOfIncarcerated.pdf 25 Ibid., p. 6. 26 Available at: http://csgjusticecenter.org/wp-content/uploads/2013/06/COIP-Tookit.pdf 27 Appleseed This Week, op. cit. See also Eric Rossen, “Supporting Students with Incarcerated Parents,” Principal Leadership (Nov 2011) available at: http://www.nasponline.org/resources/principals/Incarcerated_Parents_Nov2011.pdf. 28 Bibliography of evidence-based practice, research and reports at: http://www.hunter.cuny.edu/socwork/nrcfcpp/info_services/children-of-incarceratedparents.html 21 22
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These efforts, however, barely begin to address the needs of all the children who are negatively impacted by experiencing the incarceration of a parent. It is imperative, therefore, that given the potential long-term consequences of parental incarceration for child and adult health, more targeted, evidenceinformed prevention and intervention services are needed. Recommendations Recommendation 1: Appoint a State Interagency Working Group for Children of Incarcerated Parents which will identify and mandate best practices on data collection and interagency coordination for program development and implementation to meet the mental health needs of children with incarcerated parents The lack of data on who the children with incarcerated parents are and their mental health needs is a major impediment in addressing this issue. One of the first steps for the Working Group is the development of a statewide data collection and reporting system on children of parents who are incarcerated after arrest or conviction. This will also help increase the systemic accountability for the well-being of children and their future as well as identify high risk factors. The Working Group would also be tasked with identifying best practices for meeting the mental health needs of these children. This will help decrease abandonment and disconnections from siblings, family, and the community. The Working Group can build on the existing work of stakeholders.29 There also needs to be sensitivity to the stigma that attaches to children with incarcerated parents to avoid unintended adverse consequences for vulnerable kids. Recommendation 2: Mental Health Services Oversight and Accountability Commission should recognize “children with incarcerated parents” as
For example, in 2006, the Governor signed Assembly Bill 1942 (Nava), which added Section 833.2 to the Penal Code to promote protocols between law enforcement and county child welfare agencies on how to best respond to the arrest of a caretaker parent or guardian of a minor child to ensure the child’s safety and well-being. The Legislature also encouraged the State Department of Justice to apply to the federal government for a statewide training grant to assist local police in developing protocols when a caretaker parent or guardian is arrested. Further, in 2009, the Governor signed Senate Bill 118 (Liu), which required that the case plan through the State Department of Social Services and county welfare departments include more specific information about a parent’s incarceration to the extent possible in determining services that should be offered to that parent’s children. It also requires social workers to make reasonable efforts to collect data regarding a child’s incarcerated parent. 29
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priority prevention and early intervention focus area,30 and as a specialized population for assessment, placement, treatment, support, and family reunification. Research shows that children with incarcerated parents are a high risk population that is unserved or underserved, as referenced above. As well, the social stigma experienced by such children can be too much to bear alone. Recommendation 3: CalMHSA should amend its California Healthy Kids Survey CalMHSA Module31 to include the following question: “Have any of your parents or guardians ever been in jail or prison?” In 2013, the Minnesota Student Survey was amended to include that question and the following responses: “None of my parents or guardians has ever been in jail or prison”; “Yes, I have a parent or guardian in jail or prison right now”; or “Yes, I had a parent or guardian in jail or prison in the past”.32 Recommendation 4: Allocate funding to develop more programs for children from Latino and African American communities which are disproportionately affected. Children from Latino and African American communities are disproportionately affected by incarceration rates.33 It is therefore critical that funding to these communities be prioritized, so that programs which will meet a child’s individual needs and support family reunification are developed. These programs have the potential to decrease abandonment issues and prevent high risk factors such as depression, stress, anger, isolation, long term mental health illnesses, truancy, substance use, and entry into the juvenile justice system. Programs can Recommendation 5: Enhance reentry programs to prepare incarcerated parents for reunification with their children.
See http://www.mhsoac.ca.gov/MHSOAC_Publications/docs/Child_Youth_Families_PEIFirst3Yrs_0 52413.pdf 31 See http://chks.wested.org/resources/mshs-CalMHSA-1314.pdf 32 See 2013 Minnesota Student Survey, Statewide Tables, p.16, available at: http://www.health.state.mn.us/divs/chs/mss/statewidetables/statetablesbygrade13.pdf 33 See National Conference of State Legislators, “Children of Incarcerated Parents” (2009) p. 2, available at: http://www.ncsl.org/documents/cyf/childrenofincarceratedparents.pdf 30
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Family reunification planning prior to release from jail or prison should become part of all reentry programs in order to prepare incarcerated parents for successful reunification with their children. Family reunification is traditionally addressed after the release of incarcerated parents, which reduces the probability of a successful family-focused and productive outcome for the child or parent. The discharge planning for reentry programs should include the children’s participation, especially when it is their desire to have contact with the parent who is incarcerated.34 For example, for parents who are incarcerated for substance use or domestic violence, the courts could order rehabilitation treatment prior to release as well as parenting classes with the child’s participation to increase the probability of successful reunification while receiving assistance in regaining a productive and healthy life for both the child and their parent. Recommendation 6: Put children first and let them know that “they are not alone.” “Research demonstrates, and my clinical experience confirms, that the focus of public discussion and family level interventions needs to shift from a perspective of punishing a criminal to a consideration for the best interest of the child.35 It will make a difference in helping children with incarcerated parents on a broader and more meaningful level, by putting them first and letting them know that “they are not alone.” Extended families and mentors36 need to be supported for children who have been abandoned or feel abandoned. This needs to be done on an individualized basis through a process that involves a wrap-around team that includes all systems accountable for the child.
http://codes.lp.findlaw.com/cacode/WIC/1/d2/1/2/10/s361.5 Shlafer, Rebecca.J., Erica Gerrity, Ebony Ruhland, and Marc Wheeler, op. cit., p. 11. 36 See DuBois, David L., Nelson Portillo, Jean E. Rhodes, Naida Silverthorn, and Jeffrey C. Valentine, “How Effective Are Mentoring Programs for Youth? A Systematic Assessment of the Evidence” (Association for Psychological Sciences 2011), available at: http://www.mpmn.org/Files/DuBoisPortilloRhodesSilverthornValentine2011.pdf 34
35
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Conclusion Many children affected by parental incarceration remain invisible. The first step in serving these children is to know how many there are. It is only then along with a deeper understanding of the risk factors they present will they receive the appropriate care that they need.
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We want to hear from you! After reading this report please take this short survey and give us your feedback. English version: http://fs12.formsite.com/disabilityrightsca/form54/index.html Disability Rights California is funded by a variety of sources, for a complete list of funders, go to http://www.disabilityrightsca.org/ Documents/ListofGrantsAndContracts.html. The California Mental Health Services Authority (CalMHSA) is an organization of county governments working to improve mental health outcomes for individuals, families and communities. Prevention and Early Intervention programs implemented by CalMHSA are funded by counties through the voterapproved Mental Health Services Act (Prop 63). Prop. 63 provides the funding and framework needed to expand mental health services to previously underserved populations and all of California’s diverse communities.
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