Considering the well-being of children during parental pretrial detention
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Considering the well-being of children during parental pretrial detention
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2024-05-01
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This report comparatively examines the pretrial period and the effects of parental pretrial detainment on children in the United States and select international case studies. The research in this report comes from primary and secondary sources, including a literature review and several interviews with experts, advocates, and researchers in the field. The pretrial period is characterized by particular definition, structure, and variability in practice. Existing research thoroughly examines the impacts of long-term incarceration on both those incarcerated and their families and children. However, less attention has been paid to the pretrial period specifically. Without a standardized practice in the United States for considering the well-being of the child during their parent’s pretrial detainment, they are left at the mercy of the various legal and judicial actors in the criminal legal system.
Internationally, policies that address children's best interests during the pretrial period are lacking. This report recommends a highly adaptable and layered approach to addressing the needs of parents, children, and families during the pretrial period in the United States. Recommendations include becoming a signatory of the United Nations Convention on the Rights of the Child and examining “preferred alternative” solutions, including prison nurseries and electric home monitoring.
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