Doing Time on the Outside: Parental Incarceration and the Rights of the Child

Parental Incarceration and Children’s Human Rights is a project born from a desire to center children’s human rights and needs in a system that so often overlooks them. The result of a collaboration between the University of Minnesota’s Human Rights Program (HRP) and Minneapolis nonprofit Children of Incarcerated Caregivers (CIC), this project addresses the pressing issue of parental incarceration and the consequences of a system that doesn’t prioritize children’s rights. 

This project is composed of monthly workshops and a weekly seminar, featuring relevant topics and discussions on parental incarceration and the inclusion of children in legal proceedings. Working in collaboration with the Liberal Arts Engagement Hub as part of CIC and HRP’s Hub residency, the project will culminate in a groundbreaking public symposium that will take place on April 17, 2025, where project members will present potential interventions that center the rights and best interests of youth whose parents face incarceration. 

The Hub is a unique university space dedicated to bringing together scholars and community members in reciprocal partnerships to collaboratively address important social problems. This project seeks to serve as a catalyst for change, influencing policy and shaping public awareness.

This project is a collaborative process between students, community members, The Hub, the HRP, and CIC, with all playing an equally vital role and a shared vision. 

Centering the Rights of Children  

Parental incarceration is an issue that has far-reaching consequences, affecting one in six children in Minnesota. That is a staggering number of children whose lives have been directly impacted by a system that overlooks their experiences and needs.

“There are too many children in the state of Minnesota whose lives are upended by parental incarceration or caregivers being incarcerated,” says Dr. Carrie Walling, Director of the Human Rights Program. “The residency is an opportunity for CIC and the HRP to partner with members of the community to address a shared problem,” she explains. “Children have rights. It’s a basic human right for the best interest of the child to be considered.” 

The complexities of this issue mean that the best interest of the child is not always straightforward. “That doesn’t always mean staying with their parents,” Walling clarifies. “Sometimes their best interests might be in separation, but the children need to be at the center.” 

“[This] collaboration is a natural extension of our work to have courts consider the parent-child relationship and the possible impacts on children when making decisions about whether to incarcerate a parent or impose bail or other sanctions,” explains Julie Matonich, Board President of CIC. 

But what does centering children’s rights actually look like in practice? The residency brings together a diverse team of students, community members, and experts to collaboratively address the problem. Community collaborators include experts on the subject, NGO leaders, professionals working in the criminal legal system, former elected officials, formerly incarcerated individuals, and people impacted by the incarceration of a parent or other family member. 

“One thing that really appealed to CIC about the Hub residency was that it presented this really unique opportunity for us to get out of our silos,” says Chelli Riddiough, Director of Communications for CIC. 

“We all take on many roles,” says Sophia Lackens, a student involved in the project. “The student and community teams meet monthly to discuss the problem, learn more, share perspectives, and pose solutions. We work together to evaluate ideas and how they might play out in the legal space.”

For policy team member Latonya Reeves, this topic is one she’s had personal experience with as a probation officer. “It’s oftentimes hard to know that kids are going to be affected by what you recommend to the court,” she says. “I saw this as a means to have [their] voices heard in our court processes when it’s feasible.” 

This project challenges the criminal legal system’s focus, shifting attention from punishment to protection, from overlooking children to centering their rights.

Planting the Seeds of Change

“We hope to expand the network of people, including University students, who will join us in advocating for children,” says Matonich. Raising awareness, however, is only part of the mission for this group. They’re aiming for change–real, systemic, lasting change. 

“How can we make systemic changes that benefit the community and families that make sense?” questions Reeves. CIC believes action is the answer. “One thing we’ve noticed is that policy change and policy work is really one of the biggest solutions to help youth impacted by parental incarceration,” Riddiough explains. “You can just reach so many more people and effect change at a systemic level.”

This collaborative work seeks to prevent future harm by exploring community-based alternatives to parental incarceration, developing more child-centered legal processes, and ultimately, shifting how Minnesota’s criminal legal system considers children when decisions are made at a parent’s pretrial and sentencing. 

This work is also about planting the seeds of change and confronting the practical and political barriers that stand in the way of reform. “Being able to bring research from the policy side and say, ‘this is what is actually going on’ can help shift the concerns or biases people may have,” says Reeves. “Even if we started with one county or one specialty court,” she adds. “Then we [can build] from there.” 

A Shared Vision

Despite coming from different backgrounds, everyone involved in this project shares a common purpose: ensuring that children are seen, heard, and prioritized. “We’re doing this for the kids,” Riddiough says. “We have a goal of creating a Minnesota that puts kids at the front and center.”

Reeves shares that “working on this project gave [her] insights” into how some places in Europe take children into consideration when they incarcerate someone. “My next thought was–why do we not?” This question is at the heart of this initiative, pushing for systemic changes that recognize the rights and well-being of children affected by the incarceration of a parent or guardian. “I am hopeful that at the end of this, we could come up with something that is truly beneficial and life-changing when it comes to kids,” Reeves adds. “We’re seeing too many kids in the system, particularly Black children who are overrepresented.”

“We hope to build public awareness of the potential harms of parental incarceration and the need to mitigate those harms,” says Matonich. “These children are often referred to as invisible victims, doing time on the outside while their parents do time on the inside,” Riddiough continues. “We don’t want them to be invisible anymore… We want them to be allowed to be kids.”

Lackens echoes this sentiment: “Children’s rights are rarely discussed or considered in our current criminal legal system,” she points out. “Yet, when a parent or caregiver is incarcerated, kids are profoundly impacted. Recognizing this reality and working to combat these consequences is imperative in working toward a more just legal system.”

At its core, this project is about giving a voice to those who have long been left out of the conversation. Making sure all children are seen, heard, and cared for in a system that has too often ignored them. Pushing for a future where children impacted by incarceration are not just protected, but prioritized.

“We’re trying to build a Minnesota that takes care of its children,” says Riddiough. 

This story was written by Regina Ramos-Francia Ylizaliturri, an undergraduate student in CLA