Criminal Justice

Justice system, crime, policy, legal profession, areas of practice, courts vs tribunals, rehabilitation, parent incarceration, practice suggestions

Three sections follow:

1.     Background Material that provides the context for the topic

2.     Suggestions for Practice

3.     A list of Supporting Material / References

Feedback welcome!

Background Material

Introduction

The classical challenge for social workers involved in the criminal justice system lies in the tension between their commitment to social care and their engagement with practices that support social control.  The criminal justice system holds individuals and organisations to account when their behaviour negatively impacts the rights, needs and feelings of fellow citizens—the response is often punitive.  This is at odds with evidence from the social scientists who are aware of how the underlying drivers of crime, such as inequality, collide with the political realities of responding to perceived public cries to ‘get tough’.  Social work is placed in the position of both addressing questions of social justice and working with those directly involved as victims or perpetrators (Taylor & Frost, 2017).

Context (Taylor & Frost, 2017)

The justice system and its responses

The criminal justice system comprises the agencies, processes and practices that address those acts formally identified as 'criminal offences’.  Such acts (or failures to act) are considered to involve harm to persons or property and are punishable under the law. The institutional elements directly involved in criminal justice are:

• police

• courts and victim support

• prison, rehabilitation and probation services

• community agencies

Social workers practice with or in agencies, in prisons and the community. They often work in conjunction with probation officers who often share similar values and principles (Taylor & Frost, 2017).

Conceptions of crime and criminal justice policy

Justice, in a generic sense, might be defined as putting things right.  One view is that criminals should be expected to somehow repair the harm they have done. Another is that they should be removed from the community, perhaps preventively.  Potentially related to these two remedies is the view that we should expect offenders to feel badly about what they have done.  Finally, there is a contention that things might be put to right by the offender undergoing some sort of rehabilitation, subsequently reforming, and therefore desisting from crime in the future.  Two basic types of formal consequence emerge from this:

·       Retributivism—Theory and policy that advocates punishing criminals (experiencing consequences) in proportion to the harm caused (principle of proportionality).  Punishment and/or repair is typically sought through imprisonment, detention and reparation.

·       Reductivism—Theory and policy that advocates responding to crime with interventions designed to reduce the likelihood of further crime.  Some combination of punishing, containing and reforming the offender is involved to make the consequences of engaging in crime unpleasant for the offender.  The consequences could include a period of imprisonment, curfew or home detention. But, importantly, the opportunity exists for attempting to transform the offender by educative or therapeutic means (Taylor & Frost, 2017).

The criminal justice systems in Australia reflect aspects of both reductivism and retributivism.  Prison and other forms of detention and restriction have remained constant, while rehabilitative services are offered via programs that address the factors driving individuals to engage in criminal activity—‘criminogenic needs’ (Taylor & Frost, 2017). 

Interaction With the Legal Profession (Sifcak, 2009)

Although a tension often exists between the legal and social work professions because of the conflict between social control and social care, it is more desirable to see them as complementary rather than antagonistic.  Much as lawyers might like them to do so, social workers cannot practise effectively simply by applying predetermined rules to situations.  These differences manifest in three areas in particular: representation, conflict resolution and community development.   

• Representation          A lawyer acts as a client’s advocate, not as their counsellor.   He or she does not question the client’s motives.  The social worker has a role in defending the client’s best interests and in assisting them to determine what these are.  A premium is placed on the creation and maintenance of constructive and supportive relationships with family, friends, colleagues, professionals and others. 

• Conflict resolution   In formal court proceedings, disputes are settled in an adversarial manner—evidence is sceptically regarded and rigorously tested.  The social worker’s approach to conflict resolution is conciliatory rather than conflictual.  The task is to harmonise relations with others by searching for areas of agreement and capitalising upon them rather than identifying areas of disagreement.  Cross-examination and apportioning of blame are not consistent with a social worker orientation. 

• Community development     The law moves from the collective to the individual while social worker moves from the individual to the collective.  The law protects the rights of members of a group, e.g. discrimination based on gender.  Social worker identifies the needs of an individual and collaborates with them to see how these needs can be met within their community (Sifcak, 2009). 

However, the two professions, while different, may nevertheless be complementary.

• Reason and action   For the most part, lawyers interact with people who have the ability to make informed choices about their affairs and who possess the resources to act on them.  Social workers relate to a population whose ability is sometimes in question, whose choices are limited and whose stocks are less plentiful.  Experience suggests to the lawyer that individuals are equal and have the ability to make informed choices.  Experience suggests to the social worker that individuals are the product of their context, that their needs are different and that their actions are socially as well individually determined. 

• Rules and relationships         Social workers and lawyers use different tools in plying their trades.  The lawyer interprets and applies the relevant law and is only secondarily concerned to effect reconciliation between parties.  In contrast, relationships are central to social work.  While the lawyer identifies a client’s rights, the social worker locates their network of reciprocal relationships.  Social workers appreciate the continuities in human interaction more keenly than lawyers are required to do.  They are concerned more with process than outcome. 

• The ethic of justice and the ethic of care         The law’s focus is to arrive at a fair solution to the problem of competing individual rights.  To social workers, the client’s interconnectedness is central.  Its aim is to arrive at a caring solution to problems of familial, relational and societal inequality and disadvantage.  Empathy, negotiation and mediation play an important part.   A significant number of lawyers now work in community legal firms and engage in ‘relational lawyering’.  Social workers are more likely to interact with these lawyers who have a focus on the alleviation of their client’s disadvantage (Sifcak, 2009). 

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Social Work Areas of Practice (Social Work Portal, 2024)

Criminal justice social work focuses on the intersection between the criminal justice system and social work practice. It addresses the social, psychological, and economic factors that contribute to criminal behavior, as well as providing support and assistance to individuals who have been impacted by the criminal justice system, including those who are incarcerated, on probation or parole, or who have been released.  Social work criminal justice plays a critical role in promoting social justice and reducing recidivism.  It has the potential to make a significant impact on the lives of those impacted by the criminal justice system.

Criminal justice social workers can be found practising in correctional facilities, probation and parole agencies, courts, nonprofit organisations, and Government agencies.  They can fill a number of roles:

• Probation/parole officers work with individuals who have been released from prison or are serving sentences in the community. This type of social worker in criminal justice typically tracks the progress of their clients, ensures that they comply with court-ordered conditions, and connects them with community resources.

• Victim advocates provide support and assistance to victims of crime, helping them to navigate the criminal justice system and access the resources they need to recover from the trauma of their experience.

• Juvenile justice social workers work with young people who are involved in the juvenile justice system. This criminal justice social work role involves providing counselling, support, and resources to help young people manage their legal and personal challenges and reduce their risk of reoffending.

• Correctional social workers work within correctional facilities, providing counselling and support to inmates. These criminal justice social workers may also help inmates plan for their release and transition back into the community.

• Court liaison social workers work within the court system, providing support and assistance to individuals who are involved in criminal cases. This type of social worker in court systems may help individuals access resources such as legal aid, counselling, or drug treatment programs.

• Restorative justice social workers focus on promoting healing and reconciliation between offenders and their victims. They may facilitate meetings between offenders and their victims and help to develop plans for repairing harm.

Courts vs Tribunals (in Australia) (Rice, 2009a)

A person’s entry point into the court system will depend on the type of matter concerned, the seriousness of a criminal charge or the amount of money that is being claimed, and the jurisdiction of the court.

Local or Magistrates courts          These have a criminal jurisdiction that allow a magistrate to decide most criminal matters (‘summary’ offences, tried by a magistrate alone).  All criminal charges begin in the magistrates court other than the more serious ‘indictable’ offences, where the Magistrates Court conducts a committal hearing to decide whether the defendant should be committed for trial in a higher court.  The magistrates court also has a civil jurisdiction, able to hear cases with claims up to a certain amount.

Higher courts     The common law State and Territory courts above the magistrates courts have a criminal jurisdiction for serious matters, usually with a jury, and a civil jurisdiction for debts and damages claims worth more than the magistrates jurisdiction, and for matters allocated by statute.  They also have an appeal jurisdiction from the courts below them.  The Family Court has the jurisdiction given to it by the Family Law Act 1975.

Court-substitute tribunals            States and Territories have established court-substitute tribunals to avoid the delay and cost associated with courts.  They have been established as specialist forums with judicial power for particular types of disputes, such as consumer claims and anti-discrimination complaints.  They exercise ‘quasi-judicial power’ given to them by the legislation that created them; courts exercise the conventional judicial power of the common law.

Court-substitute tribunals operate in a manner very similar to the conventional procedures of courts.  Some pre-trial steps are taken, depending on the tribunal.  They usually require written statements of evidence submitted beforehand and can issue subpoenas for attendance or to deliver documents.  The trial procedures are similar to a court but less formal and technical although court-substitute tribunals usually resort to a court-like process because they are so enmeshed in law.  They have some freedom to depart from the rules of law, which apply in the courts, and must observe the rule of natural justice (procedural fairness). 

Administrative tribunals                The essential distinguishing feature of an administrative tribunal is that, unlike a court or a court-substitute tribunal, it does not exercise judicial power.  It can, however, exercise a wide range of administrative powers, e.g. disciplinary, investigative, educative and policy.  The most common purpose of an administrative tribunal is to review a decision made by a government officer or agency—they seek to know if the decision made by the government officer or agency was the correct one.  Procedures are less formal—not technical, not bound by rules of evidence, and not allowing legal representation.  The most important documents are copies relevant to the decision. 

Court Procedures (Rice, 2009b)

Social workers will find themselves going to court as a witness (to give evidence), as an advocate (to represent a person) or as a support person.  In any of these roles a social worker will need to be aware of, and will probably have to comply with, the rules of evidence and related procedures outlined below.

Being subpoenaed

There are four ways a social worker can be a witness in a court or tribunal.

1. They can be served with a summons or subpoena, which requires them to deliver their files and other work records to the court or tribunal.

2. They can be served with a summons or subpoena, which requires them to attend court or tribunal to give evidence.

3. Social workers can attend voluntary to give evidence.

4. They can be asked to prepare a written report for use as evidence and they can be required to attend to be questioned about the contents of the report.

Not responding to a subpoena is not an option: the court or tribunal can issue an order for the witness to be brought in forcibly.

Preserving confidentiality

Compulsion by a court or tribunal is one of the circumstances where a social worker cannot guarantee confidentiality to a client.  If possible, the social worker should contact the client who may be prepared to waive confidentiality.  In the absence of client’s consent, the social worker is obliged to preserve confidentiality until compelled by law to breach it. 

The confidentiality issue can be raised with the court and allow the court to rule.  When defending confidentiality, the social worker should be prepared to explain why it is necessary to maintain confidentiality referring, for example, to the risk to a long-term counselling relationship or to the client’s future health if confidentiality were to be breached.

Confidentiality protection under legislation         Social workers should be familiar with the confidentiality provisions in the legislation that relates to their area of practice.  For example, sometimes a person who is performing duties or exercising powers or functions under or in relation to Social Security Law can refuse to disclose to a court or tribunal any documents they have, or anything they know, as a result of performing their duties. 

Confidentiality protection for counsellors in criminal matters    Most Australian states have some restriction on access to counselling communications for criminal matters.  Most allow the court to examine the evidence and then determine if the disclosure should be ordered based on the public interest. 

Some common rules of evidence

Relevance             A court must not allow into evidence material that is not relevant.  Evidence is relevant if it rationally affects the court’s assessment of the existence of the facts in an issue.  For a social worker giving evidence it is important to know what is in issue—what the court needs to know.  The social worker report should be written for a specific purpose.

Hearsay                  Even if evidence gets over the relevance threshold, it may be rule inadmissible for other reasons, e.g. hearsay.  The hearsay rule excludes evidence that is used for a hearsay purpose so that evidence about a fact comes from only those who have direct knowledge of that fact, unmediated through somebody else’s perception and recounting. Courts and tribunals in civil matters are inclined to admit evidence for a hearsay purpose when they are satisfied that it is reliable evidence of the fact that is asserted.  

Expert evidence                 Whether preparing a written report or preparing to give oral evidence, a social worker needs to be aware that if they express an opinion, to be admissible it must either be an opinion within anyone’s experience (a lay opinion) or an opinion that meets the rules for expert evidence.

A critical issue is defining the expertise.  For social workers who might give expert evidence the essential question is: are they expressing an opinion on a well-recognised phenomenon, in relation to which they have accumulated a better understanding than that of a lay person?  The process of establishing a witness’s expertise is called ‘qualifying the expert’.  For social workers qualities will be based on training, study and experience, e.g. a social worker who had special training in child abuse and neglect and had worked on more than 160 cases.  However, a social worker’s opinion, even if accepted, will not go untested.  An expert can be cross-examined to explore the extent to which their opinion is reliably based on fact or is open to interpretation. 

Credibility, or credit        A social worker who is called to give evidence for one party as an expert risks being challenged for bias. To minimise this risk, the social worker should attempt to include all relevant parties to the dispute in the assessment and where only one party is seen, care should be taken not to go beyond the evidence gained firsthand through interviews, observations and tests.

Rehabilitation Frameworks (Taylor & Francis, 2017)

Two broad rehabilitation paradigms have emerged in the last 20 years:

• Risk-Need-Responsivity (RNR) rehabilitation

• ‘Strengths-based’ rehabilitation

The Risk-Need-Responsivity (RNR) rehabilitation framework

Essentially, the Risk-Need-Responsivity (RNR) framework involves determining the risk of reoffending represented by an individual offender, considering their amenability to change, and then addressing the range of dynamic factors assessed to be functionally related to their offending. The reasoning is that by successfully attending to these 'criminogenic' (i.e. crime-causing) needs, the individual's level of risk is reduced.

RNR has three principles that have been supported by research over some 30 years as fundamental to effective interventions with offenders:

1. The risk principle         Criminal conduct can be reliably predicted, and that the treatment 'dosage’ should match the level of the assessed risk of the individual offender.

2. The needs principle       Identifying the crime-causing needs of the offender and addressing them specifically in the design and conduct of treatment.

3. The responsivity principle             Providing treatment to optimise engagement in the rehabilitation program by addressing barriers to change and maximising the resources an offender might need to support change.  Factors such as readiness, motivation, learning style, intelligence and cultural engagement are considered.

‘Strengths-based' rehabilitation approaches

Alternative approaches have sought to balance the RNR tendency to objectify the criminal offender and its negative preoccupations with risk and deficiency. Among these alternative approaches are narrative identity, good lives and desistance.

• Narrative identity emphasises the offender moving away from a life of crime through their own efforts through retaining an experience of personal agency and active involvement in their own transformation to desistance from offending.

• The Good Lives Model is based on the premise that offenders are seeking to achieve certain culturally shaped goals that can be achieved by alternative and desirable non-offending means.  Rehabilitation efforts are focused on providing access to culturally appropriate means of attaining goals, based on respect for others and regard for community. 

• Desistance requires resources of social capital whereby a life of desistance is identified and developed by the offender.  However, this approach cannot succeed without the interpersonal and social resources of family and community networks (i.e. social capital).  Desistance involves developing a sense of belonging with opportunities to experience the gratification of both giving and receiving and the benefits of mutual support such as may be provided by the family. 

Incarcerated Parents and Children (Thomas-Richards, 2025)

In 2024, two in five prison entrants reported they had children in the community who depended on them for their basic needs.  Parental incarceration is considered an adverse childhood experience (ACE) that can have negative and ongoing impacts on children’s mental health and wellbeing. It is therefore important to ensure that children experiencing parental incarceration have access to evidence-based support programs that can generate positive mental health, wellbeing and social outcomes by strengthening family relationships, developing resilience in children and minimising the risk of harm.

Impacts of incarcerated parents on children

Children’s outcomes from parental incarceration can include:

• internalising behaviours (e.g. emotional problems, depressive symptoms)

• externalising behaviours (e.g. aggression, hostility)

• reduced school readiness among pre-school children.

The nature and extent of the impacts are shaped by broader factors in the child’s life, including:

• their relationship with the parent prior to incarceration

• experiences of family violence or maltreatment

• social disadvantages such as poverty.

Programs offering supporting

• Mentoring interventions and programs involve pairing young people with peer or adult mentors who can provide support and regularly participate in recreational or cultural activities together.  Evidence suggests mentoring programs can improve self-esteem, children’s positive sense of self and their sense of future. They also promote positive coping strategies and socio-emotional development.

• A trauma-informed approach in leading or guiding group discussions is essential to ensure participants in group programs feel safe and supported.  Group programs have long-term positive impacts on children’s coping strategies and self-esteem, as well as decreasing anxiety and depressive symptoms. Strengthening community relationships is also a protective factor that can build resilience in young people.

• School-based programs rely on school attendance, which can be disrupted due to a range of factors associated with parental incarceration. School is also an environment where children with incarcerated parents are more likely to encounter stigma and shame.  School-based programs can improve social and academic competence.

Resources

Resources that can assist with supporting children with incarcerated parents include:

• The National Information Centre on Children of Offenders (UK-based) includes research, resources and guidance to support practitioners supporting children and families impacted by incarceration.

• Shine for Kids is an organisation that supports children and young people affected by the criminal justice system and provides support programs for children with incarcerated parents.

• Vacro is an organisation that supports adults in contact with Victoria’s criminal justice system and their families.

• Sisters Inside is an organisation that supports criminalised women and girls and their children, both inside and outside prison.

Suggestions for Practice

The role of a criminal justice social worker is to provide support, guidance, and advocacy to individuals and families impacted by the criminal justice system.  Criminal justice social workers work to ensure that clients have access to the resources they need to rebuild their lives and reintegrate into the community (Social Work, Portal, 2024).  Social workers consider not just the specific circumstances of individual persons, but also their social context—including prevailing power structures. Social workers are expected to reconcile competing discourses and purposes in ways that will conform to the goals of their profession: social justice, empowerment, and supporting the wellbeing of children and young people (Taylor & Frost, 2017).

Some of the key responsibilities of a criminal social worker include:

• Assessment of clients’ needs and risk factors

• Counselling and therapy services for individuals and families

• Developing and implementing treatment plans for clients

• Case management services to help clients access community resources and support services

• Advocacy for clients within the criminal justice system

• Providing education and information to clients and their families about the criminal justice system

• Promoting re-entry and rehabilitation for offenders returning to the community

• Addressing issues such as poverty, trauma, and mental health that contribute to criminal behavior

• Developing and facilitating programs for crime prevention and community development

• Research and evaluation of criminal justice policies and programs (Social Work Portal, 2024).

Vinh et al (2023), Thomas-Richards (2025), Truong (2025) and UNICEF (2025) offer more detail about the social worker role for specific circumstances, i.e. for people in or with court proceedings pending, for witnesses and victims of crime, and for the children of incarcerated parent(s).

People in conflict with the law

When working with persons who are in conflict with the law (e.g. have been charged, or are appearing in court) social workers (with a range of titles such as “Probation Officer”, “Community-Based Corrections Officer” or “Youth Justice Worker”) may have the following tasks:

1. Assisting minors during inquiry/investigation and advising at the pre-trial stage.

2. Pre-trial supervision of defendants (adults and minors), e.g. bail supervision programs to support defendants in the community as an alternative to subjecting them to preventive detention.

3. Implementing restorative justice programs

4. Preparing social inquiry/pre-sentence reports – a professional assessment of the offender’s social background (e.g. the person’s character, family circumstances, social background, and living conditions) relevant to understanding why he/she committed the offence(s) and his/her need for supervision guidance, re-education and other measures.

5. Managing and supervising offenders subject to a non-custodial sanction via a structured and professionalized approach (e.g. case management) to address underlying risk factors that contributed to their offending behaviour.

6. Providing support during custodial sentences (based on the offender’s individual needs, capacities and dispositions; could include improving relations with family and social agencies in the community; minors should have specialist counsellors, social workers, psychiatrists or psychologists).

7. Post release support and parole supervision (Vinh et al., 2023)

Specifically, for children in conflict with the law social workers can:

• Assist the child from the moment of arrest, e.g. be present during police interrogation if parents cannot, or even if parents are present.

• Act as a witness intermediary to facilitate two-way communication between the child and legal profession, better enabling the child to provide complete, coherent and accurate evidence.

• Provide the child with emotional or other necessary support.

• Suggest pre-trial options other than remanding the child in custody, often based on a brief social background enquiry or an assessment of the circumstances of the child and the alleged offence.

• Provide reports (written and oral) to aid police, prosecutors and the court.

• Ensure that the child’s views are heard while considering their best interests.

• Be present in a trial when a child is called upon to testify, assisting to translate questions from justice personnel into child-friendly language.

• Assist the child to successfully complete any diversionary measure put in place.

• Maintain contact with the child throughout the pre-trial process, providing support and assistance as required (UNICEF, 2025).

After court proceedings social workers may become responsible for overseeing supervision orders or restorative justice processes.  [Restorative justice refers to a process of bringing together the child, parents/ guardians, victims and – if appropriate – others affected to resolve the matter, with the help of a facilitator.  This topic is presented in detail in another post on this site -  access via the ‘contents’ tab.]

• Social workers may oversee the completion of any measures ordered by the court, such as community service, in addition to presenting or organising any alternative sentencing programme.

• Regarding child victims and witnesses, the social worker may be required to provide ongoing counselling, advice and support to assist in the psychological recovery.

• If a child has been placed in care social workers are typically required to draw up a care plan and ensure its appropriateness, implementation and review.

• When a child in conflict with the law has been released from a custodial sentence, a social worker may be tasked with overseeing any formal conditions that are attached to the child’s release. The social worker also plays an important role in the reintegration of children back into their families and communities post detention. This is particularly imperative where the child’s overall environment, which has likely changed little during their custodial sentence, was a causal factor in the original offence (UNICEF, 2025).

When a child is given a custodial sentence the social worker can:

• Suggest and organise services which are tailored to the individual child, such as education programmes, counselling and substance rehabilitation.

• Monitor whether appropriate services are provided to the child and inform the court and other authorities if these are not provided.

• Prepare the chid for release: work with the child to ensure that his or her prospects for release are as positive as possible, such as through arranging continuing education, vocational programmes or securing employment after release.

• Work with the family to ensure that the family environment is constructive and receptive for the child’s return.

• Provide progress reports on post-release arrangements to judicial authorities (UNICEF, 2025).

Supporting victims and witnesses

Social workers have an important role to play in supporting vulnerable victims and witnesses of violent crimes, such as sexual violence, domestic violence, and trafficking in persons.  Social workers can support victims and witnesses by:

• Providing psychosocial and emotional support throughout the criminal justice process and accompanying the victim/ witness during all procedural acts

• Providing simplified explanations to victims and witnesses (particularly minors and their parents) about their rights and responsibilities in criminal proceedings

• Acting as the liaison between the victim/witness and the procedural agency, regularly updating the victim/witness on the progress of the case

• Keeping procedural agencies informed about the victim/witness wellbeing and safety, and advising them on any special handling measures that may be needed to support the victim/witness to participate in the proceedings and give effective testimony, including any special measures needed to accommodate disability

• Preparing minor victims/witnesses for their participation in the court proceedings, including facilitating a pre-trial visit to see the courtroom

• Helping minimize obstacles to participation in criminal proceedings (such as arranging transportation or childcare), or assisting victims to sort out practical problems and get their lives back under control (for example getting broken doors and windows fixed or finding alternative safe accommodation).

• At the end of the criminal proceedings, debriefing the victim/witness on the outcome of the case, including explaining the court judgement

• Collaborating with child protection workers and other victim support agencies to ensure that victim/witnesses receive appropriate support to assist in their recovery and reintegration, including making referrals to service providers (government and NGO) providing temporary shelter, medical treatment, counselling, legal advice and any other support the victim/witness might need (Vinh et al., 2023).

For children who are victims or witnesses social workers can:

• Advise the child and their family of court processes and available services.

• Be present when the child is questioned by the police, or conduct the interview on their behalf.

• Act as a witness intermediary as described above (UNICEF, 2025).

Children whose parent(s) are incarcerated

When working with children whose parent(s) are incarcerated the following approaches are suggested (Thomas-Richards, 2025; Truong, 2025):

• Adopt a trauma-informed approach: This allows children to be understood in a broader context that may include multiple adverse childhood experiences. Trauma-informed programs can provide a sense of stability and support for children.

• Adopt a strengths-based framework: A strengths-based approach focuses on a child’s or family’s existing knowledge and abilities. Such an approach is particularly important due to the stigma and shame often experienced by children when a parent has been involved in the criminal justice system.

• Support children to maintain contact with the incarcerated parent: Use letters, phone calls, or visits, where appropriate. This can help to maintain family connections and reduce the trauma and stress associated with separation.

• Provide practical support in a timely way: Connect families with resources that they need, such as financial assistance, housing support, and healthcare services.

• Support educational needs: Children of incarcerated parents may face challenges with their education, including disrupted schooling. Ensure that children have access to appropriate educational services and resources, and advocate for their educational needs.

• Work with and support caregivers: Work with caregivers (e.g. non-incarcerated parent and/or extended family) to ensure that children’s needs are being met and provide support to the caregivers themselves, where appropriate.

• Address stigma and discrimination: Children of incarcerated parents may face stigma and discrimination from peers, teachers, and other adults. Work to raise awareness and understanding of the issues faced by these children and promote inclusivity and non-discrimination. Reflect on any biases or stigma that comes up when working with children of incarcerated parents and their families, and seek supervision where needed.

• Involve trusted role models: Programs that strengthen relationships with adult role models in the family and community, such as mentoring programs, can contribute positively to children’s mental wellbeing and self-esteem. These programs can also provide children with a trusted adult they can turn to for support or advice.

• Provide access to peer support: Children who engage in group and community support programs that include other children in similar circumstances can gain beneficial outcomes for their mental health and wellbeing. Peer support can improve social and emotional wellbeing, self-esteem and resilience.

  
  

References

Rice, S. (2009a). Courts and tribunals.  In P. Swain & S. Rice (Eds), In the shadow of the law (3rd ed.) (pp. 98-117).  Annandale, Australia: The Freedom Press.

Rice, S. (2009b). Evidence. In P. Swain & S. Rice (Eds), In the shadow of the law (3rd ed.) (pp. 118-136).  Annandale, Australia: The Freedom Press.

Sifcak, S. (2009). Towards a reconciliation of legal and social work practice.  In P. Swain & S. Rice (Eds), In the shadow of the law (3rd ed.) (pp. 427-436).  Annandale, Australia: The Freedom Press.

Social Work Portal. (2024). Criminal justice for social workers.  https://www.socialworkportal.com/criminal-justice-social-work/

Taylor, A. & Frost, A. (2017). Social work and the justice system. In M. Connolly, L. Harms, & J. Maidment (Eds.) Social Work Contexts and Practice (4th ed., pp. 235-249). Oxford UP.

Thomas-Richards, B. (2025). Programs that support the mental health and wellbeing of children with incarcerated parents.  Emerging Minds.  https://emergingminds.com.au/resources/programs-that-support-the-mental-health-and-wellbeing-of-children-with-incarcerated-parents/

Truong, M. (2025). The impact of parental incarceration on child behaviour and development.  Emerging Minds.  https://emergingminds.com.au/resources/the-impact-of-parental-incarceration-on-child-behaviour-and-development/ 

UNICEF: United Nations Children’s Fund. (2025).  Technical brief on role of the social service workforce in justice for children.   https://www.unicef.org/documents/reimagine-justice-children-technical-briefs 

Vinh, C. D., Lam, L. T., Truong, D. X., Hieu, N. G., & Linh, N. T. (2023).  Legal review report on social work in the criminal justice system.  https://www.unicef.org/vietnam/media/13471/file/Legal%20Review%20Social%20Work%20in%20the%20Criminal%20Justice%20System.pdf