Bill of Rights of Children of Incarcerated Parents

Organic Cute Teacher Reading to a Boy

This information was curated by Capstone students at Portland State University. We are grateful for their work and their longstanding partnernship with the Family Preservation Project

What is the Bill of Rights?

This bill recognizes that each child of an incarcerated parent has certain essential rights for their benefit.

Organic Cute Social Worker Playing with Children
Organic Cute Social Worker Playing with Children

More than 2.7 million children in the U.S. have an incarcerated parent. That is 1 in 28 children [1]

In Oregon almost 70,000 children have at least one parent behind bars [2]

Organic Cute Students Imitating Their Teacher
Organic Cute Teacher Watching His Students Draw

more than 40% of INCARCERATED PEOPLE ARE a minimum of 500 miles from home making it difficult for regular visitations [3]

Bill of Rights Section 2

Right 1:

To be protected from additional trauma at the time of parental arrest.

Right 2:

To be informed of the arrest in an age-appropriate manner.

Right 3:

To be heard and respected by decision makers when decisions are made about the child.

Right 4:

To be considered when decisions are made about the child's parent.

Right 5:

To be cared for in the absence of the child’s parent in a way that prioritizes the child’s physical, mental, and emotional needs.



Right 6:

To speak with, see, and touch the incarcerated parent.



Right 7:

To be informed about local services and programs that can provide support to the child as the child deals with the parent’s incarceration.



Right 8:

To not be judged, labeled, or blamed for the parent’s incarceration.



To have a lifelong relationship with the incarcerated parent.


Right 9:

how the bill is being implemented

In Oregon:

  • 2001 Senate Bill 133
  • Children of Incarcerated Parents Project
  • DOC Children of Incarcerated Parents Booklet
  • The Family Preservation Project
  • Expressions of Care Program


  • Increased, in-person visitation in inviting areas
  • Provide parenting classes to incarcerated parents
  • Child Advocate present at arrest
  • Coordinated communication and procedures with DHS

Recommendations:

Additional Resources

Promoting system and individual change to reduce the consequences of parental incarceration of families, children, and the community. They have 8 direct service programs, and 4 operate inside of Coffee Creek Correctional Facility.

Girl Scouts Beyond Bars

Giving girls aged 5 through 17 the opportunity to maintain and build a relationship with loved ones who are justice-involved. It's free of charge for all young girls.