Parental incarceration is a growing public health concern, currently affecting at least 2.6 million children in the United States, with estimates suggesting that 5 million youth have been impacted by parental incarceration during their childhood.1, 2 Children affected by parental incarceration may face financial or economic instability, trauma, emotional or behavioral issues, and impacts from social stigma surrounding incarceration.
North Carolina mirrors these realities, with women incarcerated at a rate consistent with the rest of the United States. However, women in rural counties, which make up 80% of the counties in North Carolina, are incarcerated at a rate nearly double the state average.8 Research indicates that 7% of children in North Carolina, nearly 160,000 children, are affected by parental incarceration.9 Of those, over 20,000 children have a parent who is currently incarcerated.10 Further complicating this reality is the increasing incarceration rate of women of reproductive age or pregnant individuals on intake.
Parental incarceration is one of 12 identified Adverse Childhood Experiences (ACEs) and has been shown to have a significant negative impact on child development, future health problems, and criminal behaviors and criminal justice system involvement.1, 11 Involuntary separation from parents due to incarceration or justice system involvement can also lead to undue emotional and psychological toll, chronic stress, trauma, and “difficulties maintaining parent-child relationships.”7 Children impacted by maternal incarceration also have increased risk of behavioral issues and mental health conditions, and those with an incarcerated mother are 1.6 times more likely to experience depression than those whose mother does not have criminal justice system involvement.12, 13 Research also highlights the potential of maternal incarceration to lead to insecure attachment relationships with other caregivers.14
Additionally, parental incarceration is accompanied with financial impacts to children and families in the form of loss of income or increased financial responsibility due to legal fees, court costs, or costs associated with visits or phone calls.
Children of incarcerated parents, especially those impacted by maternal incarceration, also often experience disruptions to their family and living arrangements. Those impacted by maternal incarceration are more likely to be placed in foster care or in kinship care with a relative.15 Data surrounding familial separation following maternal incarceration vary, with estimates that children remain in the care of their fathers 25-40% of the time following maternal incarceration. With paternal incarceration, the primary caregiver is the mother 88% of the time.15 Additionally, children impacted by maternal incarceration are more likely to end up in foster care, and a significant portion of the increase in children under foster care supervision can be attributed to increased rates of female incarceration.16
If children are placed in foster care, their reunification with an incarcerated parent is dictated by the Adoption and Safe Families Act, which stipulates that if a child has been in foster care for 15 of the past 22 months, parental rights will be terminated.17 This complicates reunification from foster case placement, as the length of the mother’s sentence is often greater than 15 months and parental rights are terminated.
Due to the demonstrated negative impacts of parental, and more specifically maternal, incarceration on children, North Carolina, and other states have implemented or piloted steps to lessen these impacts. In 2021, North Carolina enacted Session Law 2021-143, the Dignity for Women Who are Incarcerated Act, which included provisions protecting the rights of pregnant individuals under prison or jail supervision, proximity placement, and special visitation rules. However, these rules only apply to mothers of infants.18 Under SL 2021-143, the North Carolina Department of Public Safety (DPS) is required to place mothers of children under 1 in facilities within 250 miles of the child’s permanent address.17
In addition, the North Carolina Correctional Institute for Women partnered with the Arise Collective to implement MATCH (Mothers and Their Children), a program for incarcerated mothers, which offers “safe, welcoming, home-like space where children can spend meaningful, unhurried time with their mothers.” The program also offers parenting classes, emotional support, financial support for travel expenses associated with familial visits, and special visitation events.19 SL 2021-143 and MATCH highlight the importance of sustaining familial contact to prevent harms associated with parental incarceration, both for children and mothers.
Alternative programs or policies have been implemented in other states to mitigate parental incarceration related harms including prison nursery or residential parenting programs and diversion or alternatives to incarceration programs. Prison nursery and residential parenting programs have been implemented in various states and have been shown to improve mother-infant bonding and reduce recidivism among participants. Other community-based alternatives to incarceration and diversion programs for low level offenses may reduce separation and trauma that accompanies parental justice system involvement.
Understanding the impacts of parental incarceration on children is important as decisions are made about programs, services, and family support systems. In North Carolina, many resources are available, but they cannot currently meet the needs of incarcerated parents and their children. As policy and program decisions are made, increased focus on familial bonding and other opportunities to mitigate ACEs can reduce the impacts of incarceration on children and their families.
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Written by
Haley Weiss
Graduate Research Assistant, NCIOM
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