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By Melody Webb, JD
"When a criminal record bars a parent from
housing, it keeps his child from living with
him and, possibly, bonding with him. When
it bars the parent from gainful employment
because he has a poor credit history related
to child support arrears, the child will suffer financially."
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With
1.5 million adults incarcerated in America, many children celebrated
Father's Day with one or both parents in prison - 2.7 million children
under age 18, according to Pew Charitable Trusts. This Father’s
Day, I thought of those children who could not celebrate with their
fathers because dad was behind bars. I have represented
incarcerated parents as a child welfare attorney, and I know that the
future for their children can be bleak. As the lawyer to the
incarcerated parent, I protect their rights if their child lands in the
foster care system.
Incarceration
has multiple impacts on children of those behind bars. Children
who have a father who has been incarcerated have a 23 percent greater
chance of being suspended or expelled from school. Depending on a
number of factors including whether the court decides visiting the
parent in jail is not in the best interest of the child, and the policy
of jail officials, the child could be denied visitation with the parent
for the entire period of incarceration even if the parent is awaiting
trial. And while incarcerated, a parent must find ways to
communicate with the child and otherwise show sufficient concern for
their well-being to retain their parental rights for their return home.
There are
other far-reaching consequences of incarceration to the child.
Her father will face steep odds of securing a job – 1 in 2 - and a
recidivism rate of 2 in 3 within three years, related in part to the
failure to secure work, housing, or both. Back in the
community, her father could be barred from private housing and from
federally-subsidized affordable housing, which is essential while
searching for work and undergoing job training. As he returns
home from incarceration, Dad will likely encounter difficulty attaining
new identification and any professional or occupational license lost
due to his offense.
And after
release, Dad may never be able to pay child support again because of
obstacles to employment. The obligation to pay child support
typically continues during incarceration. In fact, for failure to
pay child support arrears criminal penalties and other consequences
look anew for a parent after serving time. Many states including
Alabama, Maryland, New York, Ohio and Wyoming either impose mandatory
suspension or revocation of driver’s license on those who owe
arrears. This impacts job prospects requiring driving for or to
work.
And the collateral damage does not stop there.
Some will
say these are rightful consequences of criminal involvement: pay your
dues behind bars and continue to pay your dues after release.
Yes, a person who commits a crime should serve their time. They
should also be mindful of and deterred by the possible effects of their
actions on their children. Don't do the crime if you can't do the
time, as the admonition goes.
But should
children do the time with their parents, even after their parent’s
sentences are served? When a criminal record bars a parent from
housing, it keeps his child from living with him and, possibly, bonding
with him. When it bars the parent from gainful employment because
he has a poor credit history related to child support arrears, the
child will suffer financially.
Some policy
makers view the problems for the children as social isolation, and
their fix is use of policies that link children to community
institutions and positive role models. I agree. However,
the best solution for this group of children is often to help their
parents reintegrate into society. Formerly incarcerated people
are perhaps the most marginalized citizens in our society.
Shoring up their employment and housing needs will raise the boats of
their children, while stabilizing under-resourced families and
communities.
The parent
saddled with the ongoing consequences of their criminal history can
have a hard time being an effective role model, of feeling worthy of
the honor of Father’s Day. That parent may struggle to connect
emotionally – and be unable to look their child in the eye. All
of this heightens the chance the child follows in the parent’s errant
footsteps, perpetuating a legacy, one generation after another.
And like their parents, these children who become involved in the
criminal justice system will know few, if any, celebratory Father’s
Days.
It is always worthwhile to think about the children whose parents are behind bars. Contact President Obama via the National Employment Law Project
as well as
your local, state, and federal lawmakers and ask them to pass
reasonable hiring and housing laws and regulations for persons who have
served their time and want to rebuild their families. By doing
this, we can give people with a criminal history a fair chance at
parenting and breathe new life into the meaning of Father’s Day and
Mother's Day.
Note: The views expressed by Ms. Webb are her own and not of any organizations with which she is or has been affiliated.
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BC Guest Commentator Melody Webb, JD
is an attorney in private practice in Washington, D.C., where she
advocates for people with a criminal recordand other disadvantaged job
seekers, and represents the parental rights of people who are
incarcerated with children in the foster care system. A
Washington, D.C.-based activist, her past work includes running issue
campaigns that impact low-income black communities, such as
federally-funded education vouchers, safe drinking water in Washington,
D.C., and local D.C. legislative autonomy. She is a past director of
the League of Women Voters of D.C., a member of the DC Family Court Trial Lawyers Association and chairs Mothers Outreach Network, Inc., a Washington, D.C. based, non-profit organization.
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 is published every Thursday |
Executive Editor:
David A. Love, JD |
Managing Editor:
Nancy Littlefield, MBA |
Publisher:
Peter Gamble |
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