Toward Constitutional Protection of Children’s Right to Maintain Parent-child Relationship

• In Event: Collateral Consequences of Justice: Effects on Young People

Abstract

Studies show that children of incarcerated parents are at increased risk of developing psychological and behavioral disorders as well as having insecure parental attachment. At the same time, the maintenance of their relationship to the parent has been considered as a way to mitigate these risks. This paper explores the possibility of recognizing children’s constitutional right to maintain parent-child relationship as an extension of children’s right to basic necessities. It also considers the scope of this right within the context of children’s visitations and communications with the parent as well as implementation of prison nurseries.

Author

• Naoki Kanaboshi, Grand Valley State University