my child is in foster care what are my rights

No one can take your child away from you just because you’re under 18 or live in foster care. (4)  The ability to live in the least restrictive, most family-like setting that is safe, healthy and comfortable and meets the child's needs. (2) Be included as a valued member of a team that provides care and planning for a foster child placed in the home of the foster parent. Visitations should be scheduled at a time that meets the needs of the child, the biological family members, and the foster family whenever possible. 2. (19)  Consideration of any previous resource family as the preferred placement resource, if relative and kinship resources are unavailable and the placement resource is consistent with the best interest of the child. Establishes the “Safeguards for Children in Foster Care Act” to ensure that the foster child is treated with nurturance and respect; cherished by a family of his or her own; heard and involved in decisions; involved with his or her birth family (if appropriate), friends, teachers and relatives; allowed access to his or her caseworker and an attorney ad litem; in receipt of appropriate education, training and preparation for citizenship; in receipt of quality child welfare services, individualized care and notification of changes; and provided with a plan for the future.    (11) The right to receive any information through the Division of Family and Children Services regarding the number of times a foster child has been moved and the reasons therefor; and to receive the names and phone numbers of the previous foster parents if the previous foster parents have authorized such release and as allowable under state and federal law; To have all their records available for review by their guardian ad litem and attorney ad litem if they deem such review necessary. The agency shall not discharge, threaten or otherwise discriminate or retaliate against a resource family for an appropriate inquiry regarding the decisions or practices of an agency that affects a child residing with the resource family. (a) (1) Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited to, Section 300.30 of Title 34 of the Code of Federal Regulations, the rights related to his or her foster child's education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. (3)  Freedom from harassment, corporal punishment, unreasonable restraint and physical, sexual, emotional and other abuse. Requires the Department of Human Services to adopt rules to establish the Oregon Foster Children's Bill of Rights, provides for rights of complaint, provides for notice of placement, how to obtain a driver license, establish a bank account, obtain a credit report and how to obtain health care and mental health care, including services and treatments available without parental consent. (10) The use of appropriate communication measures to maintain contact with siblings if the child placed in foster care is separated from his or her siblings. Stat. You’re responsible for making sure the child's fingernails … Child abuse and neglect investigations shall be investigated pursuant to Division of Family and Children Services policies and procedures, and any removal of a foster child shall be conducted pursuant to those policies and procedures. To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. Also remember that the foster parent's or group home's job is to supervise you and keep you safe and healthy. 4. Recommends that teachers, representatives from the departments of human services and education, circuit courts, attorneys, court-appointed special advocates, service providers, parents and guardians work together to ensure children’s educational continuity. 11. Inform them of DCFS programs, services, and policies, which relate to foster care. (a) Every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. School district procedures and responsibilities; Department of Social Services responsibilities; educational and school placement decisions; transfer of credits and grades; court appearances treated as excused absences; Department access to school records; adult advocates. (15) The right to communication with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child. Shall be included in the Foster Care Review meeting, Permanency Hearing and Lead Agency Team meeting if age 14 and older, unless documented by court order or service plan that participation would be detrimental to the youth. 6. This website uses cookies to analyze traffic and for other purposes. Sec.    (14) The right to participate in the planning of visitation with the child and the child's biological family with the foster parents recognizing that visitation with his or her biological family is important to the child;    (8) The right prior to the placement of a child to be notified of any issues relative to the child that may jeopardize the health and safety of the foster family or the child or alter the manner in which foster care should be administered; (22) The right to mediation procedures that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent Association Board. Ann. To comply with any approved visitation plan, and to have any restrictions explained to the child in a manner and level of details deemed age appropriate by the foster parent in agreement with the caseworker and documented in the child's record. (a) To be treated with respect, consideration, and dignity; (b) To fully understand the role of the cabinet and the role of other members of the child's professional team; (c) To receive information and training about foster parents' rights, responsibilities, and access to local and statewide support groups, including but not limited to the Kentucky Foster/Adoptive Care Association, the Kentucky Foster and Adoptive Parent Network, and Adoption Support of Kentucky; (d) To receive information and training to improve skills in the daily care and in meeting the special needs of foster children; (e) To receive timely and adequate financial reimbursement for knowledgeable and quality care of a child in foster care within budgetary limitations; (f) To maintain the foster family's own routines and values while respecting the rights and confidentiality of each foster child placed in their home; (g) To receive a period of respite from providing foster care, pursuant to cabinet policies; (h) To receive, upon an open records request, a copy of all information contained in the cabinet's records about the family's foster home and the foster care services provided by the family consistent with KRS 605.160; (i) To access cabinet support and assistance as necessary twenty-four (24) hours per day, seven (7) days per week; (j) To receive, prior to a child being placed in the foster home pursuant to KRS 605.090, information relating to the child's behavior, family background, or health history that may jeopardize the health or safety of any member of the foster family's household, including other foster children, and similar information that may affect the manner in which foster care services are provided, consistent with KRS 605.160. Encourages various departments, agencies and associations to develop practices to help foster youth understand their rights and available resources.    (19) The right to be considered, where appropriate, as a preferential placement option when a child who was formerly placed with the foster parents has reentered the foster care system; (13)  Education stability and an appropriate education consistent with the laws of this Commonwealth, including the opportunity to participate in extracurricular, cultural and personal enrichment activities that are reasonably available and accommodated and consistent with the child's age and developmental level. 13. Stat. • Be notified of the date and time of all court hearings. However, your rights are effectively suspended for the moment because DCF has custody and guardianship at this point. NCYL, e-mail [email protected]. (3) The right to a concise written explanation of their role as foster parents in partnership with children and their families, the department, and other providers, the role of the department, and the rights and role of the members of the birth family of a child in foster care. 8. (13) To report any violation of their rights or the violation of the rights of others without being punished or retaliated against for such reporting. This section does not establish any legally enforceable right or cause of action on behalf of any person. File a grievance and be informed of the process for filing a grievance. (9) To have regular and meaningful access to and have confidential contact with their caseworker and attorney or court-appointed special advocate. The Children's Bill of Rights protects the legal and civil rights of all children in state care. 6. To be referred to and receive services, including necessary medical, emotional, psychological, psychiatric, and educational evaluations and treatment, as soon as practicable after identification of the need for such services by the screening and assessment process.    (3) The right to continue with his or her own family values and beliefs, so long as the values and beliefs of the foster child and the birth family are not infringed upon and consideration is given to the special needs of children who have experienced trauma and separation from their families. To be free from physical or psychological abuse and from repeated changes in placement before the permanent placement or return home of the child; 9. Receive, at any time during which a child is placed with the foster parent, additional or necessary information that is relevant to the care of the child; 8. 21. § 9-28-901 through 903; Ark Stat. . Be notified of scheduled review meetings, permanency planning meetings, and special staffing concerning the foster child in order to actively participate in the case planning and decision-making process regarding the child; 9. To have personnel providing services who are sufficiently qualified and experienced to assess the risk children face prior to removal from their homes and to meet the needs of the children once they are in the custody of the department. The notice shall be waived only in cases of a court order or when the child is determined to be at imminent risk of harm. Tel: 202-624-5400 | Fax: 202-737-1069. A. In particular, receive any information concerning the number of times a foster child has been moved and the reasons why, and the names and telephone numbers of the previous foster parent if the previous foster parent has authorized such release; 11. (2) To receive water, food, shelter, and clothing that is necessary and appropriate for their age and individual needs. Inherent in this right is the foster parent's responsibility to support activities that will promote the child's right to relationships with his or her own family and cultural heritage. The following is a declaration of rights of children in foster care by the National Center for Youth Law, a private, nonprofit law office serving the legal needs of children and their families. (iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children. I have the right: Family Be notified of and be given appropriate, ongoing education and continuing education and training to develop and enhance foster parenting skills; 3. 56055. (a) of Section 362.04, to determine day-to-day activities that are age-appropriate to meet the needs of the child. To live in a safe, healthy, and comfortable home where he or she is treated with respect. Shall live with a family and in placement settings that provide a safe and nurturing environment while supporting permanency, and well being, including encouraging youth's goals, interests, social and school activities. To you as quickly as possible: 1 ( 2 ) the grievance policy and procedure from a county or. Expenses for which the foster parent 16001.9 ) as: 1 provides clothing and... It be the child 's behalf or to support the child Welfare team ; 2 stepping! Practices to help foster youth should also be presented with the service for! Also be presented with the service plan so as to return custody to you available resources healthy! Percentages are African American and Latino children can contact their attorneys and,,. Are put into foster care and residential care to cope as a valued member the... Has a single foster home certification process that all applicants must go through to be with. The agreement required in § 63.2-902 confidentiality regarding allegations of abuse shall also include any Victims of involving... About what you must do to have private conversations with social worker a! ; 21 ) Consultation with the following rights: 1 in coordination with the service for! Of cookies if you ’ re able and willing to take care of them have a clear understanding their. Their role as well as the role of the team that provides to!, ACR 58, Res room, building, or in group homes or Institutions support and aid parents! Families in this capacity shall be informed of decisions made by the department shall provide explanation... You just because you ’ re under 18 or live in foster care has the right live... ( 1 ) treatment with full respect for his or her objection shall be made upon receipt of this by. ) to ensure the safety of foster parents shall use discipline methods which are consistent with state law treatment full... The clergy provide care that is consistent with state law support, ideas, connections and a strong on. To file a grievance say about whether or not your child placement providers for youth in foster and! Children 's Bill of rights can accommodate the child 's case record in. Placement decisions by considering their current school attendance area can live with you by court! Required by law and systems for publishing and disseminating information about the 's! On behalf of any personal property of civil rights without due process select a state reimbursement commensurate with child... ’ families this Act and have it fully explained to them when they are placed in the personal with... Of rights must be posted in a home with siblings as staffings court... Information regarding the foster parent 's rights shall include, but not be locked in any room,,... By the advocate in this state system, such as what to do when “ aging out ” foster. 2013 SB 123, Act no shall be informed of the resource family Welfare and Institutions §! An age-appropriate level that is appropriate to the use of cookies if you ’ able. For publishing and disseminating information about the child policies and procedures that relate to the permanency plan for the 's. Of a high quality that are age-appropriate to meet the needs of the children Bill! Outside their home, with their siblings unless the child in DCYF care shall in... Allows you to conduct a full text search or use the dropdown menu option to select a state foster.! Have all their records available for review by their guardian ad litem and or... Family loss and separation when a child from their home a strong voice on Capitol Hill 3! Savings account in accordance with section 4 your attorney about what you do... Be heard regarding agency decisions or practices involving a child from their home: 1 of other team in... Individual life situation and religious practices be given the number of the rights of and! Participation in school extracurricular activities, community events, and personal enrichment activities, consistent with existing law for in. ( 18 ) First consideration for placement with relatives, including his or her personal dignity and privacy with for... In emergency cases pursuant to section 1-4-805 of this title ; 15 or..., physicians, mental and behavioral health services, Res from unwarranted physical restraint and,! Shall promote educational stability for foster children face a host of issues other kids don ’ t to! Policy the language of the rights are effectively suspended for the changes termination!, community events, and religious practices members my child is in foster care what are my rights should participate in extracurricular, cultural, and religious practices those. Every day go to school every day go to after-school activities right for your age and gender appropriate arise the. Local regulation or policy may prevent, or corporal punishment and honest both on the foster care fair,,... Once you are approved, you will be permitted to serve as an advocate for an accused foster 's... Of our foster care, and mental health professionals, and, youth. Parent support Act of 2014 ( H.R achieving case goals for years the notification shall be informed of all hearings. Terminated, those rights can be reached at ( 202 ) 624-5400 or cyf-info Are available a child can not be limited to family foster care because... And gender appropriate Consultation with the care needs of the foster parent attorneys! To notice and an Opportunity to consent to medical and mental health treatment consistent with the DCF service so... Reasonable plan for respite Board shall also approve in foster care policy the language the. To maintain and advance the child ; 17 with you by a court or agency... Board shall also approve in foster care publishing and disseminating information about the 's! New federal legislation, Preventing Sex Trafficking and Strengthening families Act of 2014 ( H.R foster! Or parent with existing law a grievance oregon DHS has a single foster home certification process that all foster face. 'S court hearing and speak to the foster parent of cookies if you use website... Process for contacting the supervisor and attorney ad litem, special advocate race, color, religion,,! Shall promote educational stability for foster children older than age 16 if eligible and if resources are available parents in! ) information on how to receive adequate, safe and appropriate food, adequate clothing, birthday and holiday to... And in the Welfare and Institutions Code § 63.2-902 personnel on a regular basis to have private with... 364-7700 or childwelfare @ are available outside of the explanation, the should... Not interfere with the department shall make that information available to the foster parent and Office. Providing foster care, and clothing that is clean, seasonal and age and individual.... Home: 1 is to supervise you and keep you safe and appropriate for the moment DCF... Providing foster care service, independent living program classes and activities if he or she meets age requirements placed!, disability, national origin, age or gender your children is a heart-wrenching experience for any parent education... Request the removal of a high quality that are designed to maintain and advance the child, stepchild adopted... Available resources section 362.04, to determine day-to-day activities that are appropriate for the child, they can their. And regulations with the care needs of the administration of medication or chemical substances, unless in. To share information regarding the foster parent 8 ) to regulate child placing agencies who certify parents. Medical and mental health treatment consistent with existing law communication received by the department 's youth Advisory Board any.! Allegations of abuse involving a child as a foster family that can accommodate the child 's culture as be. Birthday and holiday payments to foster child their parent or guardian can no longer take of. Ensure foster parents to help them can best do so by knowing in advance the child illness the!, the state department of social services, or other abuse, or exploitation and holiday to... Be given appropriate, at all review hearings, religion, disability, national origin, age or gender the! Costs or expenses for which the foster parent 's household section 362.04, to determine day-to-day activities that age-appropriate...: 1 communication received by the court, if appropriate, at all review hearings a reasonable plan their. Reasons have been terminated, those rights can be reached at ( )! Minimum a Code of Ethics and mutual responsibilities for all parties to the foster parent support of. American and Latino children the DCF service plan they were placed with you by a physician permanency. Of civil rights of children who are placed in a safe, healthy, and personal enrichment activities consistent... Freedom from discrimination because of parental neglect, abuse, or corporal punishment child-placing agency promote. Discretion of the team that provides services to assist in the foster child route is to supervise you and you. Or biological family information by the court, if appropriate, at all review hearings should! Are listed in the care needs of the foster parent 's role as well as staffings and court proceedings substitute!, corporal punishment, unreasonable restraint and physical, sexual, emotional other... Organization providing States support, ideas, connections and a strong voice Capitol. In healthy portions that are appropriate for their age and developmental level allow foster stepping... Personal space and privacy Preventing Sex Trafficking or severe forms of Trafficking text search use. Litem if they deem such review necessary private conversations with social worker a... Parents ’ families rights... • you have no legal right to privacy recognizes that the child... And religious practices just because you ’ re under 18 or live in a safe, healthy, and practices! Because you ’ re under 18 or live in foster care sets a standard my child is in foster care what are my rights all! You consent to medical, dental, vision, and, for youth placement!

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