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Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication Webinar, June 3rd

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Session 1: Parental Arrest Protocols Gregory Suhr, chief of police, San Francisco Police Department Samara Marion, policy attorney, San Francisco Office of Citizen Complaints Jill Brant, legal services supervisor, Allegheny County Department of Human

Services/Office of Children, Youth and Families Questions

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Chief Gregory P. Suhr

San Francisco Chief of Police

chiefsuhr@sfgov.org

415.837.7000

Acting Captain Ed Santos

Special Victims Unit

edward.santos@sfgov.org

415.553.9826

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

• The San Francisco Police Department (SFPD) has long recognized both the immediate and lasting negative consequences that a parental arrest can have on a child.

• The SFPD, along with other city agencies and community stakeholders, developed a comprehensive policy that prioritizes the physical and emotional well-being of children at the scene of a parental arrest.

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Specific impact on children:

• As of 2010, approximately 2.7 million children under the age of 18 in the United States had a parent incarcerated in jail or prison.[1]

• Parental incarceration is now recognized as an “Adverse Childhood Experience (ACE)” which increases a child’s risk of negative outcomes in childhood and adulthood.

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

• Effects of ACEs on children include:

health problems; memory loss; cognitive and emotional impairment; early initiation of sexual activity; adolescent pregnancy and substance abuse. [2]

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

• Effects of ACE on adults include:

alcoholism; depression; illegal drug use; domestic violence and other criminal behavior; health-related problems; and suicide.[3]

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Why law enforcement agencies should have a comprehensive policy:

• As law enforcement officers, we have a sworn obligation and a moral responsibility to protect a child’s physical and mental health.

• Unless handled in just the right way, law enforcement officers run the risk of victimizing an already distraught child after a parental arrest for a second time.

• We can mitigate the negative impacts of a parental arrest on a child, including avoiding the unnecessary placement of the child into the child welfare system. [4]

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Why law enforcement agencies should have a comprehensive policy (continued):

• A policy demonstrates an agency’s respect for the parent-child relationship. Most children want a relationship with their parents, regardless of the reason for the arrest.

• Improved relationships between the law enforcement agency and children, parents and the community at large.

• Increased collaboration between the law enforcement agency and the child welfare system to improve the lives of children impacted by a parental arrest. [5]

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Advice on developing policy: [6]

• Take a collaborative approach and work with other city agencies and community based organizations.

• Allow the working group to define the desired outcomes appropriate for your community.

• Use model policies or other agencies’ policies as guides, but remember to incorporate your community’s desired outcomes into the policy.

• Implementing the policy can be the most challenging step. Innovative implementation strategies can help officers be more accepting of a new policy.

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Final thoughts:

• Developing a policy to protect the children of arrested parents is the right thing to do. These children are the unintended victims of their parents’ arrests.

• While a policy like this may increase the time officers are on a call for service, the positive implications for the children can be life-changing.

• Ms. Katie Albright, Executive Director of the San Francisco Child Abuse Prevention Center, reminds us that “any time we don’t take time to help a child now, we are committing a crime against our future.”

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

References: [1] The Pew Charitable Trust: Pew Center on the States, Collateral Costs: Incarceration’s Effect on Economic Mobility (Washington, D.C.: 2010) 18-19.

[2] http://captus.samhsa.gov/prevention-practice/targeted-prevention/adverse-childhood-experiences and http://www.cdc.gov/violenceprevention/acestudy/findings.html

[3] International Association of Chiefs of Police and Bureau of Justice Assistance, U.S. Department of Justice, Safeguarding Children of Arrested Parents, 2014, 1, and Adverse Childhood Experience (ACE) Study, Center for Disease Control and Prevention.

[4] Ginny Puddefoot and Lisa Foster, Keeping Children Safe When Their Parents are Arrested: Local Approaches That Work (California Research Bureau, July 2007), 30.

[5] Ibid., 3.

[6] Rachael Kilshaw, “Protecting Children of Arrested Parents: Steps for Developing and Implementing an Effective Policy,” The Police Chief 82 (January 2015): 52-55.

Thank you!

Civilian Oversight Agencies As Bridge-Builders: Collaborating With Communities & Police On Parent Arrest Procedures

Samara Marion, Policy Attorney, Office of Citizen Complaints samara.marion@sfgov.org; 415-241-7726 www.sfgov.org/occ

The Role Civilian Oversight Agencies Can Play

• Over 200 civilian oversight of law enforcement agencies in the US

• Oversight agencies can collaborate with community organizations and law enforcement to enhance police-community relations.

Types of Bridge Building

• Civilian oversight agencies have contact with families of incarcerated and organizations that assist them.

• Receive & investigate complaints about children’s treatment during parent’s arrest.

• Make policy and training recommendations to enhance police-community relations.

Types of Bridge Building

• Civilian oversight agencies know the steps to change police procedures.

• Can identify allies within a police department.

• Can provide continuity and be part of the sustained effort.

San Francisco Children of Incarcerated Parents Partnership (SFCIPP) developed a parent arrest policy with San Francisco Police Dept in 2007.

The policy:

Requires officers to ask ALL arrestees whether they have a dependent child under 18 years old.

Instructs officers to look for signs at the scene that an arrestee has a child.

Permits arrested parents to arrange for the care of their children.

Permits arrested parents to reassure their children and say good-bye.

Instructs officers to explain the reason for arrest and reassure the child that both parent and child will be cared for when it is unsafe to permit a parent to do so.

Instructs officers to handcuff parents outside the presence of their children.

Requires officers to consider ages and likely location of children when executing an arrest or search warrant.

Role of Office of Citizen Complaints

in parent arrest policy:

• Recommended & drafted permanent policy.

• Helped produce officer training that includes youths’ perspective.

• Recommended & drafted incident report changes for easier documentation.

Thank you!

1

Allegheny County Arrest Protocol Pittsburgh, PA

Jill M. Brant, Esq.

jbrant@alleghenycounty.us

2

How we began…

• Stakeholders Meeting

• Task Force

– DA and Public Defender

– Children’s Hospital

– Child Welfare

– Police

– Courts

The purpose…

• Consistent Response, that:

– Ensures Safety

– Minimizes Trauma

– Reduces System Involvement

– Link Families to Services

3

Elements…

• Thoughtful Police Action During Arrest

• Caregiver Selection Intact for Parents

• Comfort Place

– Temporary

– Community-Based

– Alternative to Child Welfare Call

4

Challenges…

• Budget Concerns

• Belief that it was Inherently Unmanageable

• Allowing Parents to Keep Authority

• Culture of Police Force

• Not Enough Data to Make Our Case

• Securing 24/7 Community-Based Comfort Place

5

Next Steps…

• Community Outreach

• Continued Training using Technology

• Focus on New Recruits

• Data Collection

• True Formalization of Protocol

6

Thank you!

Questions

Session 1 wrap up

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Session 2: Family Impact Statements Wendy Still, former chief adult probation officer, San Francisco Adult

Probation Department Patricia Donohue, juvenile operations and training director, New York State

Division of Criminal Justice Services, Office of Probation and Correctional Alternatives

Questions

Family Impact Statements

Wendy Still, MAS

Chief Adult Probation Officer, retired

City and County of San Francisco

still4@aol.com

What is a Family Impact Statement?

Component of Pre-Sentence Recommendation to the Court

What information is contained in the FIS?

Why is a Family Impact Statement Important?

Family can be a critical rehabilitative

motivating factor

Aligned with Evidence Based Practices

One Component of a Family Focused

Probation Supervision Strategy

How to Implement FIS

Provide Deputy Probation Officers Training

Re-format Pre-sentence Report

Educate Courts, DA, Public Defender

Quality control FIS-Supervisor, Independent review

CHALLENGES

Organizational Culture

Criminal Justice System Culture

– Punishment versus Rehabilitation

Overcome with Education, training, skill building

Measure and Report Results to staff and stakeholders

Thank you!

Patricia M. Donohue

Office of Probation and

Correctional Alternatives (OPCA)

Patricia.Donohue@dcjs.ny.gov

NYS DCJS OPCA

Fundamentals of Probation Practice Training

• 88.5/13 day training for all new probation officers in NYS

• Covers all aspects of probation-intake, investigations, supervision, adult and juvenile

• Pre-sentence Investigations module is 8.5 hours long

• OPCA worked with Council of Probation Administrators (COPA-represents 58 county probation directors) to infuse concept of Family Responsibility into FPP training for Pre-Sentence Investigations

• Family Responsibility was chosen instead of Family Impact, as in NYS there is statutory requirement for a Victim Impact Statement and probation felt that another impact statement would take away from the victim piece

• Felt it was easier to infuse concepts into training than tackle statutory or regulatory reform

NYS DCJS OPCA Fundamentals of Probation Practice Training

• Statewide workgroup met over several months to make edits to

Investigations module, finding places throughout curriculum where

Family Responsibility applied:

– During investigation process

• interview with offender

• collateral contacts to verify information (employer, family, child

support)

– During writing of report

• Social Circumstances (parenting responsibilities, fiscal

responsibilities, child support)

• Recommendation for sentence (providing the court and future

users of Pre Sentence Report the info that would impact

incarceration or probation or parole supervision)

NYS DCJS OPCA Fundamentals of Probation Practice Training

• Pre-Sentence Investigations training focuses on offenders’ family and

parenting responsibilities, both financially and relationally, regardless of

what ultimate case disposition should occur -probation, jail, or prison

• Webinar held early 2014 to introduce new module and concept of

Family Responsibility in Pre Sentence Investigations

• Training debuted spring 2014 and is how all new probation officers in

New York State are taught to interview and write Pre-Sentence reports

Thank you!

Questions

Session 2 wrap up

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Session 3: Family-Focused Jail Services Amy Kroll, administrator of re-entry, Allegheny County Jail and Amanda

Ludwig, family support specialist, Family Services of Western Pennsylvania Sarah Carson, One Family program director, Community Works West Questions

Development of Family Support Allegheny County Jail Collaborative and Department of

Human Services in 2009

Pittsburgh Community focus groups

Allegheny County Jail Inmate focus groups

10 different foundations in the Pittsburgh community, led by Parent & Child Guidance Foundation, gave feedback

Secured Robert Wood Johnson grant to begin implementation in 2010

Implementation of Family Support Built the Re-entry Center in the Allegheny County Jail

in 2011

Contracted with family-serving agency to operate the family support component 2 Family Support Specialists

Child/Family Engagement Specialist

Family Therapist

Contracted with an array of program providers for services that build parenting and other skills that are crucial to successful re-entry—both in the jail and in the community

Family Support Program Our strategy for reducing the harm to children from their

parents’ repeated incarceration is to build a strong Reentry Program so that parents in the Jail develop the skills and gain the family support that they need to establish stable lives for themselves and their children.

Goal: to repair and strengthen the bond between families and reduce the amount of children affected by parental incarceration by reducing recidivism rates

Target: Mothers and Fathers who have the greatest likelihood of returning to jail without support, treatment, or other help

Key Components Key Components

Parenting Classes

Gender-specific, Evidence-based curriculum

Relationship Classes

Weekly Facilitated Phone Calls

Monthly Contact Visitation with children and families

Services in jail and community

Family support, D&A group education, general education, aftercare, thinking for a change, housing assistance, life skills, job development, technology training, job search, mentoring, culinary arts training, masonry, machining, welding, roofing, D&A counseling

Program Objectives: Reduce the number of children who experience the re-

incarceration of a parent. (Annual Target: 200 parents who are in the Jail; 300 children)

Strengthen the bonds between parents in the jail and their children.

Reduce the chaos and upset that children experience because their parents are in jail.

Help to ensure that children and families are getting the tangible services and support that they need.

Challenges

Leadership Transition

Culture Change

Program structure

Reluctance of some families

Thank you!

Sarah West Carson, LCSW Program Director, One Family, Community Works

Scarson@communityworkswest.org

www.communityworkswest.org

About One Family

Family strengthening for incarcerated parents and their children

• Fostering connection leads to greater insight and investment in personal change

• Decreases feelings of worthlessness & hopelessness

• Increases future focused thinking

• Decreases stigma & trauma symptoms for both parent and child.

Program Components

The path through One Family

Unique Components

Crucial Components

Program must be beyond reproach: • Consistency • Searching with Care • Transport with Control • Safety and Security

Because of our attention to these details, we are now able to offer contact visits with no deputized staff in the visiting room.

Addressing Challenges

• Limited access to family unit

• The ever changing guard

• Space for kids in a correctional enviornment

Tips for Starting

The troubles of me not being able to see my father are exhausting. No matter what, it’s worth it to see my dad.

– Kmani

I didn’t know how to feel. I didn’t understand why exactly my parents had to go, but knowing that I could visit them and that they’d be back soon kept me from breaking down completely.

– Jana

Thank you!

Questions

Session 3 wrap up

Promising and Innovative Practices for Children of Incarcerated Parents: Arrest through Pre-Adjudication

Session 4: Successful Collaboration Nell Bernstein, former chair, San Francisco Children of Incarcerated Parents Tanya Krupat, program director, New York Initiative for Children of

Incarcerated Parents, The Osborne Association Questions

Nell Bernstein nellbernstein.com

Author, Burning Down the House: The End of Juvenile Prison and All Alone in the World: Children of the Incarcerated Former Chair, San Francisco Children of Incarcerated Parents Partnership

How does parental arrest and incarceration affect children?

10 Million

children have experienced parental incarceration

1/8 African American children has a parent behind bars.

70% Of children who were present at a parent’s arrest watched him/her being handcuffed

“They arrested her and just left us there”

“What would have helped me most is compassion

for my mom”

“Take her away from me, now you’re hurting me”

“Am I in this world by myself?”

Talk about these issues collaboratively Public agencies (police, probation/parole, jail

administrators, sheriff, public defender, DA, child welfare, schools)

Community based groups

Children/parents/families

San Francisco Children of Incarcerated Parents Partnership (SFCIPP)

What can be done about it?

I have the right to: 1. be kept safe and informed at the time of my parent’s arrest

2. be heard when decisions are made about me

3. be considered when decisions are made about my parent

4. be well cared for in my parent’s absence

5. speak with, see and touch my parent

6. support as I face my parent’s incarceration

7. not to be judged, blamed or labeled

8. a lifelong relationship with my parent

The COIP Bill of Rights

I have the right to: 1. be kept safe and informed at the time of my parent’s arrest

2. be heard when decisions are made about me

3. be considered when decisions are made about my parent

4. be well cared for in my parent’s absence

5. speak with, see and touch my parent

6. support as I face my parent’s incarceration

7. not to be judged, blamed or labeled

8. a lifelong relationship with my parent

Rights to Realities Initiative Parental

Arrest Protocols

Family Impact Statements

Parent-child contact visits

What still needs to be done to ensure that children's needs are met and their rights respected when a parent is arrested and/or incarcerated?

From Rights to Realities: What's next for children of incarcerated parents?

What’s next?

Thank you!

New York Initiative for Children of Incarcerated Parents

Tanya Krupat, Program Director

tkrupat@osborneny.org (718) 637-6595

Our Vision

We envision a world in which children whose parents are involved in the criminal justice system are considered- and their needs safeguarded- at every step of the criminal justice process.

Our approach • Collaborative: we work with the systems we want

to change • Build Partnerships: we convene CBOs, FBOs,

researchers, and government agencies • Raise awareness: we generate materials to

disseminate knowledge and dispel myths • Capacity-building: through training and TA, we

strengthen individuals, organization’s and system’s ability to competently respond to children

• Advocacy: we advocate for policy change & work with multi-level stakeholders

Advocacy Priorities

• Child-sensitive arrest

• Family Impact Statements

• Proximity & Visiting

• Building capacity within schools, child welfare, mental health, Family Court to address needs

• Data Collection & Research

• Cross-systems coordination and accountability

Strategy for Collaborative Partnerships • Quarterly partnership meetings

• Bi-annual site visits to prisons

• Monthly Steering Committee calls

• New member orientation & Guiding Principles

• Training and technical assistance

• Weekly email updates and synthesis of research and latest news

• Partner satisfaction and feedback surveys

• Partner voting on annual priorities

Successes/ Accomplishments

• Now consist of more than 65 government agencies and community-based organizations

• New partners join us each quarterly meeting • Involved with work at the City, State and national levels • In 2015 we launched an upstate partners collaborative

to engage upstate entities • Working with NYPD (NYC) and Albany Police

Department and IACP/ BJA Department to implement children of arrested parents protocols

• Successfully worked with State Probation to include Family Responsibility Statements in training

Challenges • Getting work done in between meetings • Expectations of partner participation • Setting realistic goals/ priorities • Partnering with systems trying to change- sometimes take

stances against them • Helping to build the capacity of partners so we move closer

to our goal of infusion • Ensuring youth voices are included and guide/advise our

efforts (keep us honest and relevant) • Collaborative of professionals versus grassroots organizing • Being truly statewide

Opportunities • Raising awareness

• National acknowledgement / context of criminal justice issues

• Make connections with issues that are priorities

• Infuse this into already existing reforms and initiatives

• Relentlessly, consistently, and respectfully advocating

Thank you!

Questions

Session 4 wrap up