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Public defense crisis threatens parental rights in Washington

September 03, 2024 | Bar Association, State Agencies, Executive, Washington


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Public defense crisis threatens parental rights in Washington
In a recent government meeting, legal experts highlighted the complexities and challenges faced by public defenders in family law cases, particularly those involving child dependency and parental rights termination. The discussion centered around the shelter care hearing process, which occurs within 72 hours of a child's removal from their home. This hearing, described as a \"mini trial,\" requires attorneys to prepare rapidly, often with limited time and resources, to argue against emergency removal of children.

Speakers emphasized that the legal threshold for removing a child is alarmingly low, not necessarily requiring evidence of abuse or neglect. This has significant implications for families, particularly those living in poverty, as the system disproportionately affects people of color and low-income individuals. In King County, for instance, out of 962 cases filed in 2019 and 2020, only five parents were not classified as indigent.

The meeting also addressed the lack of training and supervision for attorneys handling these sensitive cases. Unlike other legal areas, there are no formal requirements for training in family defense, leading to concerns about the quality of representation. The current caseloads for public defenders are deemed unsustainable, with some managing up to 80 cases at a time, which further complicates their ability to provide adequate support to clients.

The speakers called for systemic changes to improve the public defense framework, advocating for better training, resources, and support for attorneys in family law to ensure that the rights of vulnerable families are upheld. The meeting underscored the urgent need for reform in a system that many believe is failing to protect the most marginalized members of society.

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