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OSI Forum Summary: Children of Promise, Children of Incarcerated Parents

In her introduction, Susan Tucker noted that many people across the country are working on prison-related issues and the challenge of successfully reintegrating people after their imprisonment. But few, she said, were focusing on what happens to people left behind when a family member, especially a parent, is incarcerated. These are the invisible, "collateral" victims. Tucker argued that the sentencing reforms of the 1980s and 1990s were "radically irresponsible." Longer sentences far away from home with fewer supportive programs make it almost impossible for the incarcerated to function responsibly as parents, workers and citizens. She commended Elizabeth Gaynes and Emani Davis for calling attention to the plight of children and other family members. How are they coping financially? Who is looking after them and their needs? How are they dealing with the loss, the anger, the stigma and the economic dislocation?

Gaynes said her advocacy and service efforts stemmed from her personal experience over the past couple of decades, when she was made to feel that taking her kids to see their father in prison was a privilege, not a right. Yet she and her daughter were nominated for the World's Children's Prize for the Rights of the Child because the way the country locks people up is the "greatest threat to the rights of children in the United States." This prompted her to begin drawing attention to the United Nation's Convention on the Rights of the Child and the fact that only the U.S.. and Somalia have refused to sign the treaty.

Davis, who began working with her mother 12 years ago at the age of 14, said the U.S. refusal to sign the treaty marked a clear violation of human rights. She pointed out that according to the convention, "children have a right to develop." This right is routinely ignored by the criminal justice system, she said, when incarcerated parents are denied the opportunity to be involved in their children's lives and to express their love and concern.. Davis added that someone once told her that "children who aren't loved, die." That has stuck with her, she said, because parents are needed to teach children how to survive. Kids of incarcerated parents "die a social death," she said, as a result of the inhumane restrictions placed on their ability to interact with their imprisoned fathers and mothers.

Davis then discussed one part of the solution: the "Children of Incarcerated Parents Bill of Rights," a list of eight rights that, if upheld, would greatly improve the lives of millions of children across the country. This list of rights, she said, should be prominently displayed in every police department and prison and the offices of all people whose work involves criminal justice issues, including guidance counselors, parole officers, and judges.

Children of Incarcerated Parents Bill of Rights

1. I have the right to be kept safe and informed at the time of my parent's arrest.
2. I have the right to be heard when decisions are made about me.
3. I have the right to be considered when decisions are made about my parent.
4. I have the right to be well cared for in my parent's absence.
5. I have the right to speak with, see and touch my parent.
6. I have the right to support as I struggle with my parent's incarceration.
7. I have the right not to be judged, blamed or labeled because of my parent's incarceration.
8. I have the right to a lifelong relationship with my parent.

Davis added that if these eight rights are ever fully met, the next step would be to focus on why so many people are imprisoned in the United States, which has one of the world's highest incarceration rates. Gaynes noted, too, that upholding these rights would likely have a major effect on reducing actual arrests and incarcerations. For instance, she said, law enforcement authorities would have great difficulty making arrests while at the same time guaranteeing that children are "kept safe and informed."

Both women agreed that, ultimately, the rights (and welfare) of children must become a principle consideration in sentencing and setting the conditions of imprisonment.. To honor and respect the best interest of children, a commitment must be made to listen to what they say and to hear why they say it. The World's Children's Prize is an excellent starting point, they said, because it is about and for children. Only children can cast a vote and by voting they are able to define and voice their concerns and their interests.

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