Champion Keeping Families Together

When you are an attorney representing a parent of a minor child who is facing incarceration or who is already incarcerated, consider using these resources to help in your advocacy.

The Attorney-Client in Prison or Jail Relationship:

• Right to Counsel in Certain Child Custody Hearings in WA
• Getting Appointed, Bringing Your Client to Court, & Talking to Your Client
• Defense Staff Can Also Have “Not Recorded” Phone Calls with Clients in Jail or Prison
• Understanding the Attorney-Client Privilege – RCW 5.60.060(2)
• Forming and Ending an Attorney Client Relationship
• Setting the Scope of Legal Representation
• Family Law Assistance for Indigent Parents in WA

Arguing Against Court-Ordered Parent-Child Separation:

Harm of Removal

• Harm of Removal -Family & Youth Justice (Workgroup)
• Guidance for Courts: Harms of Removal Across Stages of Child Development – Family and Youth Justice Programs
• Trauma Caused by Separation from Parents-ABA Memorandum 

No Contact Orders

• Advisory-Change or Remove an Existing 10.99 Postconviction Order
• Motion to Change or Remove 10.99 Order
• Brief to Change or Remove 10.99 Order

Agency Denial of Family Ties

• When DOC alone denies family time or parent-child visits
• Personal Restraint Petition-Challenging DOC denial of visits
• State v. Gunwall Brief on State Constitutional Privacy Interests in Family Ties and Family Integrity
• Brief in Support of Federal Claims to Family Ties and Family Integrity (Turner v. Safley, inter alia)

Supportive Resources for Parent Attorneys and Advocates:

• Practical Tips for Criminal Defenders with Parents Facing Incarceration 
• Stepping Up In Advocating for Parents in Dependency Court 
• Tips for Getting Better Legal Outcomes for Incarcerated Parents in Dependency Court
• Supporting Connections at Wa DOC April 2026

Representing Parents Facing Incarceration or Parents in Prison or Jail in:

Criminal Court 

• Getting Appointed, Bringing Your Client to Court, & Talking to Your Client
  • Defense Staff Can Also Have “Not Recorded” Phone Calls with Clients in Jail or Prison
  • Understanding the Attorney-Client Privilege – RCW 5.60.060(2)
  • Forming and Ending an Attorney Client Relationship
  • Setting the Scope of Legal Representation
  • Practical Tips for Criminal Defenders with Parents Facing Incarceration 

• Pretrial Issues/Trial Preparation:
  • Advisory-5th Amendment Issues in Dependency Cases
  • Objection to Pretrial NCO Due to Open Dependency Case
  • Advisory-Challenging Bail Conditions That Curtail A Parent’s Fundamental Rights
  • Practice Tools for Child Abuse Investigations
  • Parents Can Make Child Caregiving Arrangements, Have Family Time, & Getting Services Started in Prison or Jail
  • Family Law Assistance for Indigent Parents in WA
  • Right to Counsel in Certain Child Custody Hearings in WA
  • Pregnant and Postpartum Parent Protections and Supports 
  • Use of Power of Attorney & Guardianship to Prevent CPS Intervention

Sentencing Hearings:

• • Parenting Sentencing Alternative
  • Community Parenting Alternative
  •  Is your client pregnant and heading to prison?
  • Preventing Sentencing Conditions Other Than Those Barring Contact
  • Preventing Bar on Child-Parent Contact at Sentencing
  • Guidance for Courts: Harms of Removal Across Stages of Child Development – Family and Youth Justice Program
  • Exceptional SRA Mitigating Sentences-Parenting or Family Circumstances
  • Exceptional Mitigating SRA Sentences-Personal Circumstances
  • Supporting Connections at Washington DOC

• Post Conviction Issues
  • Advisory-Change or Remove an Existing 10.99 Postconviction Order
  • Motion to Change or Remove 10.99 Order
  • Brief to Change or Remove 10.99 Order
  • Parents Can Make Child Caregiving Arrangements, Have Family Time, & Getting Services Started in Prison or Jail
  • Use of Power of Attorney & Guardianship to Prevent Child Welfare Intervention – Washington Defender Association
  • Securing a Person’s Appearance to Superior Court

• Unlawful Sentencing Conditions-PRP
  • Gunwall Brief -State Constitutional Privacy in Family Ties and Integrity
  • Brief-Federal Constitutional Privacy Interests in Family Integrity, Parental Decision-making, Stigma
  • Personal Restraint Petition (Template)
  • Advisory-Carceral Agency Denial of Visits

Dependency Court

• Getting Appointed, Bringing Your Client to Court, & Talking to Your Client
  • Defense Staff Can Also Have “Not Recorded” Phone Calls with Clients in Jail or Prison
  • Understanding the Attorney-Client Privilege – RCW 5.60.060(2)
  • Forming and Ending an Attorney Client Relationship
  • Setting the Scope of Legal Representation
  • Practical Tips for Criminal Defenders with Parents Facing Incarceration 

Shelter Care/Removal Hearing:

• Parents Can Make Child Caregiving Arrangements, Have Family Time, & Getting Services Started in Prison or Jail
• Relatives, Suitable Adults, & Child-Specific Foster Licenses 
• Motion for Additional Shelter Care Hearing
• Balancing Harms of Removal and Alleged Safety Threats in Parental Home
• Guidance for Courts: Harms of Removal Across Stages of Child Development – Family and Youth Justice Programs
• Trauma Caused by Separation from Parents-ABA Memorandum 
• Harm of Removal -Family & Youth Justice (Workgroup)
• Incarcerated Parent’s Motion to Increase Visits
• DCYF Must Pay Costs of Family Time Including Travel
• Supporting Connections at Washington DOC
• Protecting Parent’s Preferred Placement for Their Child
• Ensuring Incarcerated Parents Meaningful Participation in  Hearings

Pretrial/Trial Preparation:

• Fighting for Family Integrity
• Advisory-5th Amendment Issues in Dependency Cases
• National Survey of Statutes Granting Immunity to Parents with Open Dependency Court Cases
• Stepping Up In Advocating for Parents in Dependency Court 
• Tips for Getting Better Legal Outcomes for Incarcerated Parents in Dependency Court
• Incarcerated Parent’s Motion to Dismiss Dependency Petition Per CR 12 (b)(6)
• Pretrial Interrogatories
• Motion & Briefing for Decker Immunity For Parents
• Motion & Briefing for Decker Immunity for Children
• Incarcerated Parent’s Motion to Increase Visits
• DCYF Must Pay Costs of Family Time Including Travel
• Birth Parent Supports & Other Services

Dependency Fact-Finding/Trial:

• Fighting for Family Integrity
• Securing a Person’s Appearance to Superior Court
• Securing Meaningful Access to Trial
• Sample Motion for Stay of Civil Discovery Trial
• Brief For Transport Due to CR 43 Notice
• Vacating Default Dependency Orders on Behalf of Incarcerated Parents

Experts:

• Expert Bank
• Practice Tools for Experts Services for Parents In Prison or Jail
• Washington State OPD attorney manager and Social Service managers county maps updated December 2023

Dispositional Hearing:

• Fighting for Family Integrity
• Stepping Up In Advocating for Parents in Dependency Court 
• Tips for Getting Better Legal Outcomes for Incarcerated Parents in Dependency Court
• Incarcerated Parent’s Report for Dispositional Hearing-Re Visits, Services, Breastfeeding
• Incarcerated Parent’s Motion to Increase Visits
• DCYF Must Pay Costs of Family Time Including Travel
• Protecting Parent’s Preferred Placement for Their Child
• Vacating Civil Judgments Generally

Review Status/Preventing TPR:

• Fighting for Family Integrity
• Ensuring Incarcerated Parents Meaningful Participation in  Hearings
• Incarcerated Parent’s Motion for Good Cause Not to File TPR (2015)
• Incarcerated Parent’s Motion to Change Permanent Plan
• Incarcerated Parent’s Motion to Increase Visits
• DCYF Must Pay Costs of Family Time Including Travel
• Incarcerated Parent’s Motion to Maintain Parent’s Preferred Placement
• Incarcerated Parent’s Reply to Maintain Parent’s Preferred Placement
• Incarcerated Parent’s Motion to Continue TPR Trial
• Incarcerated Parent’s Motion To Continue Termination Trial-CR 40(e)(Annie S. Chung)(11.26.2012)
• Vacating Orders of Termination on Behalf of Incarcerated Parents

Achieving a non-TPR resolution:

• Parents Can Make Child Caregiving Arrangements, Have Family Time, & Getting Services Started in Prison or Jail
• Stepping Up In Advocating for Parents in Dependency Court 
• Tips for Getting Better Legal Outcomes for Incarcerated Parents in Dependency Court
• Fighting for Family Integrity
• Protecting Parent’s Preferred Placement for Their Child
• Incarcerated Parent’s Memorandum In Support of Title 13 Guardianship in Lieu of TPR
• Reinstatement of Parental Rights Resources

Accelerated Review of TPR:

• Incarcerated Parent’s Motion for Accelerated Review-Default TPR (Kristina Nichols)(03.27.2015)
• Incarcerated Parent’s Motion for Accelerated Review-Long Term Incarceration (Kristina Nichols)(05.23.2014)
• Incarcerated Parent’s Reply Re Accelerated Review-Long Term Incarceration (Kristina Nichols)(07.05.2014)

So Called “Open Adoption Agreement” Resources:

• Proposed FFCL & Stipulated Order on Communication 
• Attorney GAL’s Motion In Support of Open Adoption Agreement, Inter Alia (E. Berman Lovell)(05.22.2018)

Family Court

• Getting Discretionary Appointment of Counsel in Family Law Case
• Getting Appointed, Bringing Your Client to Court, & Talking to Your Client
  • Defense Staff Can Also Have “Not Recorded” Phone Calls with Clients in Jail or Prison
  • Understanding the Attorney-Client Privilege – RCW 5.60.060(2)
  • Forming and Ending an Attorney Client Relationship
  • Setting the Scope of Legal Representation
  • Advisory-Family Law Assistance for Indigent Parents in WA
• Parents Can Make Child Caregiving Arrangements, Have Family Time, & Getting Services Started in Prison or Jail
• Supporting Connections at Washington DOC
• Birth Parent Supports & Other Services
• Relatives, Suitable Adults, & Child-Specific Foster Licenses
• Family Law Resources for Incarcerated Parents
• Ensuring Incarcerated Parents Meaningful Participation in  Hearings
• Family Law Assistance for Indigent Parents in WA
• Right to Counsel in Certain Child Custody Hearings in WA
• Pregnant and Postpartum Parent Protections and Supports 

Supporting Parent-Child Visits:

• Incarcerated Parent’s Motion to Increase Visits
• WDA IPP Resource Attorney Declaration for Family Law Cases

Preventing Private TPR:

• Incarcerated Parent’s Motion to Maintain Parent’s Preferred Placement
• Incarcerated Parent’s Reply to Maintain Parent’s Preferred Placement
• Incarcerated Parent’s Motion  to Continue TPR Trial
• Incarcerated Parent’s Motion To Continue Termination Trial-CR 40(e)(Annie S. Chung)(11.26.2012)

So Called “Open Adoption Agreement” Resources:

• Proposed FFCL & Stipulated Order on Communication 
• Attorney GAL’s Motion In Support of Open Adoption Agreement, Inter Alia (E. Berman Lovell)(05.22.2018)

The Incarcerated Parents Project Legal Resources are separated into these categories:

• Practice Advisories
• Relevant Legal Authorities Protecting Incarcerated Parents (more coming soon)
• Briefing
  • Criminal Court
    • Pretrial Release 
    • No Contact Orders
  • Dependency Court
    • Title 13 Guardianship
    • Appeals
    • TPR
    • Reinstatement of Parent-Child Relationship
    • Children’s Dependency Representation 
  • Family Court

WA DOC Programs

For WDA members, if you are unable to access any of these materials, please contact [email protected] for assistance logging into the website.

If you are not a member of WDA, and you are interested in the practice of public defense in Washington state, please consider joining WDA. Individuals currently performing prosecutorial or judicial work are not eligible for WDA membership. For more information, click here.

WDA IPP can send any resource found here to you via email, by contacting us, at [email protected].