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Introduction

Incarceration of an individual does not have a singular effect: it affects those in the individual's tight-knit circle as well. For every mother that is incarcerated in the United States there are about another ten people (children, grandparents, community, etc.) that are directly affected. Moreover, more than 2.7 million children in the United States have an incarcerated parent. That translates to one out of every 27 children in the United States having an incarcerated parent. This ripple effect on the individual's family amplifies the debilitating effect that arresting individuals has, especially for non-serious crimes. Given the general vulnerability and naivete of children, it is important to understand how such a traumatic event adversely affects children. The effects of a parent’s incarceration on their children have been found as early as three years old.

Health and Behavioral Effects

The effects of an early traumatic experience of a child can be categorized into health effects and behavioral externalizations. Many studies have searched for a correlation between witnessing a parent's arrest and a wide variety of physiological issues. For example, Lee et al. showed significant correlation between high cholesterol, Migraine, and HIV/AIDS diagnosis to children with a parental incarceration. Even while adjusting for various socioeconomic and racial factors, children with an incarcerated parent have a significantly higher chance of developing a wide variety of physical problems such as Obesity, asthma, and developmental delays. The current literature acknowledges that there are a variety of poor health outcomes as a direct result of being separated from a parent by law enforcement. It is hypothesized that the chronic stress that results directly from the uncertainty of the parent's legal status is the primary influence for the extensive list of acute and chronic conditions that could develop later in life. In addition to the chronic stress, the immediate instability in a child's life deprives them of certain essentials e.g. money for food, parental love that are compulsory for leading a healthy life. Though most of the adverse effects that result from parental incarceration are regardless of whether the mother or father was arrested, some differences have been discovered. For example, males whose father have been incarcerated display more behavioral issues than any other combination of parent/child.

There has also been a substantial effort to understand how this traumatic experience manifests in the child's mental health and to identify externalizations that may be helpful for a diagnosis. The most prominent mental health outcomes in these children are Anxiety disorder, Depression (mood), and Posttraumatic stress disorder(PTSD). These problems worsen in a typical positive feedbackloop without the presence of a parental figure. Given the chronic nature of these diseases, they can be detected and observed at distinct points in a child's development, allowing for ample research. Murray et al. have been able to isolate the cause of the expression of Anti-social behaviours specific to the parental incarceration. In a specific case study in Boston by Sack, within two months of the father being arrested, the adolescent boy in the family developed severe aggressive and antisocial behaviors. This observation is not unique; Sack and other researchers have noticed an immediate and strong reaction to sudden departures from family structure norms. These behavioral externalizations are most evident at school when the child interacts with peers and adults. This behavior leads to punishment and less focus on education, which has obvious consequences for future educational and career prospects.

Policy Solutions

There are four main phases that can be distinguished in the process of arresting a parent: arrest, sentencing, incarceration, and re-entry. Re-entry is not relevant if a parent is not arrested for other crimes. During each of these phases, solutions can be implemented that mitigate the harm placed on the children during the process. One in five children witness their parent arrested by authorities, and a study interviewing 30 children reported that the children experienced Flashbulb Memories and Nightmares associated with the day their parent was arrested. These single, adverse moments have long-reaching effects and policymakers around the country have attempted to ameliorate the situation. For example, the city of San Francisco has implemented training policies for its police officers with the goal of making them more cognizant of the familial situation before entering the home. The guidelines go a step further and stipulate that if no information is available before the arrest, that officers ask the suspect about the possibility of any children in the house. San Francisco is not alone: New Mexico passed a law advocating for child safety during parental arrest and california provides funding to agencies to train personnel how to appropriately conduct an arrest in the presence of family members.

During the sentencing phase, the judge is the primary authority in determine if the appropriate punishment, if any. Consideration of the sentencing effects on the defendant’s children could help with the preservation of the parent-child relationship. Oklahoma requires judges to inquire if convicted individuals are single custodial parents, and if so, authorize the mobility of important resources so the child’s transition to different circumstances is monitored. The distance that the jail or prison is from the arrested individual’s home is a contributing factor to the parent-child relationship. Allowing a parent to serve their sentence closer to their residence will allow for easier visitation and a healthier relationship.

While serving a sentence, measures have been put in place to allow parents to exercise their duty as role models and caretakers. The state of New York (state) allows newborns to be with their mothers for up to one year. Studies have shown that parental, specifically maternal, presence during a newborn’s early development are crucial to both physical and cognitive development. Ohio law requires nursery support for pregnant inmates in its facilities. California also has a stake in the support of incarcerated parents, too, through its requirement that women in jail with children be transferred to a community facility that can provide pediatric care. These regulations are supported by the research on early child development that argue it is imperative that infants and young children are with a parental figure, preferably the mother, to ensure proper development.

The last phase of the incarceration process is re-entry back into the community, but more importantly, back into the family structure. Though the time away is painful for the family, it does not always welcome back the previously incarcerated individual with open arms. Not only is the transition into the family difficult, but also into society as they are faced with establishing secure housing, insurance, and a new job. As such, policymakers find it necessary to ease the transition of an incarcerated individual to the pre-arrest situation. Of the four outlined phases, re-entry is the least emphasized from a public policy perspective. This is not to say it is the least important, however, as there are concerns that time in a correctional facility can deteriorate the caretaking ability of some prisoners. As a result, Oklahoma has taken measurable strides by providing parents with the tools they need to re-enter their families.