I Am in Jail — What Happens to My Children?
Incarceration triggers immediate questions about your children's care. Here is what happens legally, what rights you retain, and how to ensure your children are placed with family rather than entering the child welfare system.
If your children have someone to care for them during your incarceration — a family member, a trusted person — MCFD does not need to be involved. The critical step is naming that person before you are incarcerated, or as quickly as possible after. If there is no plan, MCFD will make one. Make the plan yourself.
Incarceration creates an immediate childcare crisis. The decisions made in the first hours and days determine whether your children enter the child welfare system or stay with family.
The most important step: name a caregiver
If you have a family member or trusted person who can care for your children while you are incarcerated, name them immediately. This can be formalized through a temporary guardianship arrangement — your lawyer can help — or can be an informal family arrangement if MCFD does not become involved.
If MCFD is already involved or your proposed caregiver raises concerns, MCFD will conduct an assessment of that person. Cooperate with that process and advocate clearly for the family member you have named.
What happens if there is no plan
If there is no family member or trusted person who can care for your children, MCFD will likely become involved and place your children in foster care. This does not mean you lose your parental rights — it means your children are in a temporary arrangement while you are incarcerated, and reunification is still the goal upon your release.
The sooner a family placement is identified, the better the outcome.
Your rights during incarceration
You retain your parental rights while incarcerated. You have the right to:
- Know where your children are placed
- Maintain contact with your children (within institutional rules)
- Participate in child welfare proceedings, even from inside (through your lawyer)
- Have your Gladue background considered in any proceedings that involve your incarceration
Planning for release
Reunification planning should begin before your release. From inside, work with your lawyer to:
- Establish a plan for housing upon release
- Identify supports you will access
- Maintain contact with your children consistently
- Participate in any available programs that address the circumstances of your incarceration
Courts view active planning during incarceration as evidence of parental commitment.
If you are an Indigenous family navigating child welfare in BC and need peer support, contact KFT-Families Society at [email protected], call Lori at 604-512-3266, or visit keeping-families-together.com. IFISC operates weekly peer support circles, connects families with culturally grounded resources, and provides guidance to parents at every stage of the child welfare process — at no cost.
Frequently asked questions
- Does going to jail mean my children automatically go into MCFD care?
- No. If you have a plan for your children's care — a family member or trusted person who can care for them during your incarceration — MCFD does not need to be involved at all. MCFD becomes involved when there is no one to care for your children or when the proposed caregiver is not approved. Having a plan before you are incarcerated is the most important protective step.
- Can I maintain contact with my children while incarcerated?
- Yes. Incarcerated parents retain the right to contact with their children. The institution's contact rules apply, but MCFD or a court cannot simply cut off contact because you are incarcerated. You can communicate through letters, calls, and approved visits. Ask your corrections worker what contact options are available.
- Will my incarceration be used against me when I am released and want my children back?
- The fact of incarceration alone is not grounds for denying reunification. What matters is the care arrangements during your incarceration and your circumstances and capacity upon release. A parent who maintained contact, had their children in stable family care, and has a plan for stability upon release is in a much stronger position than one who did not.
KFT-Families Society
You do not have to navigate this alone.
IFISC is operated by KFT-Families Society, an Indigenous-led nonprofit founded by people who have navigated the child welfare system firsthand. We run weekly peer support circles and connect families with culturally grounded resources across BC. Reach out — no paperwork, no waitlist.
[email protected] · keeping-families-together.com