Foster Parent Bill of Rights

SENATE BILL 955

Subtitle

AN ACT TO CREATE THE FOSTER PARENT

SUPPORT AND FOSTER CHILDREN PROTECTION ACT OF 2007.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

APPROVED: 3/30/2007

GENERAL DEFINITIONS

• Foster parent: a person whose home is licensed or certified for 24-hour care of children, and persons to whom the responsibility for the provision of foster care is delegated by the licensee. Cal. DSS Manual 31 -002.f.(8).
• De facto parent: a person who has been found by the court to have assumed, on a day-to-day basis, the role of parent, fulfilling both the child's physical and psychological needs for care and affection, and who has assumed that role for a substantial period. Cal. Rules of Court, Juvenile Court Rules, Rule 1401 (a)(4).

THE PROCESS OF FOSTER CARE PLACEMENT

• Placement Selection: Criteria to be considered include, but are not limited to:

1. The least restrictive (most family like) setting available and in close proximity to the parents' home, consistent with the best interests and special needs of the child; 42 U.S.C. 675(5)(A).
2. The child's age, sex and cultural background including ethnic and religious identification: Cal. DSS Manual 31-420.12.
3. Planned parent/guardian contacts during the separation, and the specific actions to be taken by the parent/guardian which will facilitate reunification; Cal. DSS Manual 31-420.13.
4. Capability of foster parents to meet specific needs of the child; Cal. DSS Manual 31 -420.14.
5. Appropriateness of attempting to maintain the child in his/her current school; (Cal. DSS Manual 31 -420.15.
6. The child's health and emotional factors; Cal. DSS Manual 31 -420.16.
7. Anticipated special needs of the child, including but not limited to transportation, diet, medical and/or psychological care, clothing, recreation and special education. Cal. DSS Manual 31-420.17.

• Placement Activities: The social worker must:

1. Arrange for preplacement visitation between the child and foster parents, if possible; Cal. DSS Manual 31-405.1.c.
2. Arrange for telephone access to a social worker 24 hours a day, seven days a week in case of emergencies involving foster child(ren); Cal. DSS Manual 31 -405.1.i.
3. Ensure that the foster parents understand and support the child's case plan, and are aware of any chances to it; Cal. DSS Manual 31 -405.1 j .
4. Inform the foster parent of the child's background, if such information is available, including but not limited to the following histories:   a. Educational;
     b. Medical;
     c. Placement;
     d. Family;
     e. Behavioral.
     Cal. DSS Manual 31-405.1.k.
5. Inform the foster parent of any known or suspected dangerous behavior of the child being placed. Cal. DSS Manual 31 -405.1.1.
     a. The social worker must document any information given to the care provider regarding the child's known or suspected dangerous behavior, including:
1. Date information provided;
2. Name of person receiving information;
3. Specific facts provided; and,

4.      Affirmation that person informed was advised that the facts were confidential and that unauthorized disclosure could result in a $ 1000 fine. Cal. DSS Manual 31-405.1.1(1).

 b. The department may be liable for injuries sustained by foster parent and/or members of his/her family caused by a foster child whose known or suspected dangerous behavior was not reported to foster parent. Johnson v. State, 73 Cal. Rptr. 240, 251 (1968) (rationale reaffirmed by Zuniga v. Housing Authority, 48 Cal.Rptr.2d 353, 361 (Cal.App.2Dist. 1995).

NOTE: Although state law imposes strict liability upon parents or guardians for injuries resulting from the willful misconduct of their children, this strict liability is not imputed to foster parents or to public entities. 59 Ops. Atty. Gen. 142 (3576).

RIGHTS AND RESPONSIBILITIES OF FOSTER PARENT/AGENCY WITH RESPECT TO FOSTER CHILDREN

• Generally: The agency has "legal custody and control" of foster children; however, the responsibility for day-to-day supervision of the child is with the foster parent.
• Worker/Agency Responsibility:

1. With respect to the child, the social worker must:
       a. Monitor the child's physical and emotional condition and shall take necessary    action to safeguard the child's growth and development while in placement; Cal. DSS Manual 31 -405. l .e.
         NOTE: The department may be liable for its failure to carry out mandatory duties to monitor and supervise placement of child in foster care home when such failure results in injuries to the child. Elton v. Orange County, 84 Cal.Rptr. 27, 31 (1970).
   
       b. Have face-to-face contact with the child at least monthly unless certain express criteria are met; Cal. DSS Manual 31-320.41.
   NOTE: In the first 30 days of placement, the social worker must visit the child at least 3 times. Cal. DSS Manual 31-320.2.
   
       c.Arrange for face-to face contact between the child and the parent/guardian at least monthly in order to achieve reunification unless the case record contains documentation and supervisorial approval justifying less frequent contacts; Cal. DSS Manual 31 -340.2
   
       d. Counsel the child in an age-appropriate manner to understand the reasons for foster placement; and to handle associated emotional problems; Cal. DSS Manual 31 -310.11.
   
      e. Assist the child to maintain his/her cultural and ethnic identity; Cal. DSS Manual 31-405.1.d.
   
      f. Ensure that child receives medical and dental care which places attention on preventive health services through the Child Health and Disability Prevention (CHDP) program, or equivalent preventive health services in accordance with the CHDP program's schedule for periodic health assessment. Cal. DSS Manual 31 -405.1.g.
         NOTE: Children are eligible for more Medicaid services than adults because CHDP requires the state to treat children for conditions identified through CHDP screening, whether or not the state covers those same conditions for adults. State Medicaid Manual, Part Five, EPSDT, ¤ 5124 B.2.b. (April 1990).
2. The social worker must contact the foster parent at least monthly. Cal. DSS Manual 31-330.2.

·  Foster Parents' Responsibilities and Rights

1. Generally: A foster parent has the responsibility and right to make decisions on behalf of the child concerning such things as food, clothing, shelter, etc. However, the agency may place certain restrictions on what the foster parent may do with the child, e.g., prohibiting corporal punishment, limiting right of family to move without agency approval, etc.
2. Foster Parent Consent on behalf of the Foster Child - Cal. Health & Safety Code ¤ 1530.6 (West 1990); Cal. DSS Manual 31-401.41.
• A foster parent may give the same legal consent for a foster child as would a parent, except a foster parent does not have the authority to give legal consent for:
1. Marriage;
2. Entry into the armed forces;
3. Vehicle operator's license;
4. Medical or dental treatment which is not ordinary.

• Ordinary medical or dental treatments -- including immunizations, physical examinations, and X-rays -- are routine services provided under the supervision of licensed doctors and dentists that protect or enhance a child's health. Cal. DSS Manual 31 -401.41.411.
• A parent of a voluntarily placed child has the authority to modify or prohibit consent by a foster parent if a written agreement regarding such modification or prohibition exists between the agency and the parent. Cal. DSS Manual 31-401.412.
• A court of competent jurisdiction has the authority to issue an order limiting a foster parent's authority to give such consent. Cal. DSS Manual 31 -401.413.
• Specially trained foster parents may provide specialized in-home health care pursuant to a discharge plan for a child who is alcohol- or drug-exposed or who is HIV positive when the county placed the child in their care. Cal. Welf. & Inst. Code ¤ 16525.30.

3. Rights of Foster Parent When Foster Child is Teenage Mother whose Child Lives with Her

• Unless the parent's right to custody of his/her child has been limited by an order of the juvenile court, the teenage mother should have the right to make decisions regarding the care of her infant. Cal. Family Code 3010.
• However, the foster parent has responsibility for the teenage foster child. The question of whose decision should control if conflicts arise on matters affecting the infant is not addressed by statute, regulation or case law.
• The state should pay an infant supplement -- in addition to the minor parent's federal foster care assistance -- to the foster parents. Cal. DSS Manual 45-302.211.

4. Right to Notice and Hearing Prior to Removal of Foster Child

• The foster parents have standing as a foster child's "de facto" parents to contest removal of a child from their home. Katzoff v. Superior Court 54 Cal. App. 3d 1079, 127 Cal.Rptr. 178, 180 (1976).
• Notification of Intent to Move Foster Child
1. The agency must notify foster parents in writing at least seven days' in advance of intent to remove the child, and of the right to request a grievance review. Cal. DSS Manual 31 -440.1.
2. The agency is not required to give notice if:
• The child is in immediate danger;
• A signed waiver has been obtained from the foster parent;
• A court has ordered the child's removal;
• Adverse licensing or certification actions have occurred which prohibit the foster parent from continuing to provide services; or
• Removal of a voluntarily placed child is made or requested by the child's parent/guardian. Cal. DSS Manual 31-44().21-.25.
• Grievance Procedure
1. The department must have grievance procedures to review complaints from foster parents, legal parents, guardians and children concerning the placement or removal of a child from a foster home. All issues shall be resolved in the best interest ofthe child. Cal. DSS Manual 31-020.1.
2. Grievance review is not required when:
• Removal of a child is for any reason set forth in subsection b(2), supra;
• Removal of a child or modification of services results from an administrative review panel determination;
• Removal of a child is for direct placement into an adoptive home;
• The complaint regards only the validity of a law or statewide regulation; or
• The complaint regards an issue for which a fair hearing is available as specified in Cal Welf. & Inst. Code ¤ 10950-10965. Cal. DSS Manual 31-020.21-.25.
• The agency must explain the right to a review and provide a copy of the grievance procedure regulations to:

• the legal parent/guardian at the time of placement;
• the foster parent at the time of licensing; and,
• any complainant at the time a complaint is filed. Cal. DSS Manual 31-020.31.31 1-.313.
• The review request must:
• Be filed in the form of a written statement signed by the complainant;
• Set forth the facts which the interested person believes provide a basis for reversal of the agency action; and, (c) Be filed ten calendar days after becoming aware of the action under complaint.
      NOTE: In cases where the department must provide notice, the complainant must submit the review request to the agency at least two calendar days before the intended date of removal. Cal. DSS Manual 31 -020.32-.34.
• The agency must help the foster parent prepare the complaint, if assistance is requested or necessary. Cal. DSS Manual 31 020.35.
• The review must be held within ten working days from the date the department receives the written complaint. Cal. DSS Manual 31-020.4.
      NOTE: All parties should receive notice of the date, time and place for the review not less than five calendar days prior to the hearing. Cal. nss Manual 31-020.41.
• The Review Hearing
• Only someone not involved in the complaint, who is knowledgeable of the field and capable of objectively reviewing the complaint, may conduct a review
• The review agent must try to conduct the hearing in a nonadversarial atmosphere. Cal. DSS Manual 31 020 52.
• The review agent must allow all parties and representatives to examine all documents and physical evidence introduced at the hearing. Cal. DSS Manual 31-020.53.
• Only the parties, their representatives, and witnesses while testifying, are authorized to be present during the review unless all parties and the review agent consent to the presence of other persons. Cal. DSS Manual 31-020.54.
• All witnesses must testify under oath or affirmation. Cal. DSS Manual 31-020.55.
• The review agent may continue the review for a period not to exceed ten calendar days if additional evidence or witnesses are necessary for determination of the issue. Cal. DSS Manual 31-020.56.
• Review Decisions
• The review agent must issue a written recommended decision, and the agency director must issue a final written decision, within five calendar days after reviewcompletion. Cal. DSS Manual 31-020.61.
• The decision must be based upon the evidence presented at the hearing. Cal. DSS Manual 31 020.62.
• The director's decision must contain a summary statement of the facts, the issues involved, findings and the basis for the decision. Cal. DSS Manual 31 020.63.
• A copy of the decision must be sent to each party, their representatives, and the State DSS. Cal. DSS Manual 31 -020.64.641 -.643.
• Unless the child is in imminent danger, he/she shall remain with the foster parent(s), pending decision of the agency director, when removal is the basis for a complaint. Cal. DSS Manual 31-020.7. .
      NOTE: Courts have ruled, however, that the removal of a foster child prior to notice or hearing did not violate any liberty interests of the foster parents in the continuation of the foster child parent relationship. Gibson v. Merced County Department of Human Services,799 F.2d 582, 589 (9th Cir. 1986)

5.Right of Foster Parents (De Facto Parents) to Appear and Be Represented by Counsel at Dependency Proceedings

• A court may recognize foster parents as the "de facto" parents and allow them to appear and participate in juvenile court proceedings. Cal . Rules of Court 1410(b)(2); 1412(e).
1. A state court ruled that foster parents who cared for a child over a prolonged length of time (one year) were considered "de facto" parents. In re B.G. 114 Cal. Rptr. 444, 453 (1974).
2. Whether a foster parent is a de facto parent is not just a question of the length of time the child has been in the foster home, but also the court will consider "the unique vantage point of the foster parents vis-a-vis the information they are able to provide to the court." Christina K. v. Superior Court, 229 Cal. Rptr. 564, 568 (1986).
• De facto parents have the right to be represented in dependency proceedings by their own retained counsel or, at the discretion of the court, by appointed counsel. Cal. Rules of Court 1410(b)(3); 1412(e).

6. Custody and Adoption of a Foster Child

• Custodial Rights:
1. Before an adoption petition is filed, the department is entitled to exclusive custody and control of the child. Cal. Family Code ¤ 8704
• The department's right to custody at this stage is very broad. The same section provides that: "Any placement for temporary care, or for adoption, made by the department may be terminated in the department's discretion at any time before the granting of an order of adoption. In the event of termination of any placement for temporary care or for adoption, the child shall be returned promptly to the physical custody of the department or licensed adoption agency."
• After an adoption petition is filed, the department may remove the child only with the approval of the court and with notice to the prospective adoptive parents. Cal. Family Code 8704(b).
• Placement Decisions:

1.      In choosing the proper adoptive placement for a child, the department must first consider adoptive placement in the home of a relative. Cal. Family Code 8710.

2.      The agency need not place the child in a relative's home if:

1. no relative is available;
2. such a placement is not in the child's best interest; or
3. such a placement would permanently separate the child from other siblings. Cal. Family Code 8710.

3.      If not placed in a relative's home, the agency should consider placing the child with the foster parents if:

0. The child has been with the foster parent for more than 4 months;
1. The child has substantial emotional ties to the foster parent;
2. The child's removal from the foster home would be seriously detrimental to the child's well-being; and
3. The foster parents have requested in writing to be considered to adopt the child. Cal. Family Code ¤ 8710.

4.      The department may consider the child's cultural, ethnic, religious, or racial background and the capacity of the prospective adoptive parent to meet the needs of such a child as one factor in determining the best interest of a child. Cal. Family Code ¤ 8709.
    NOTE: However, the department may not categorically deny, delay, or otherwise discriminate in making an adoptive placement decision solely on the basis of the race, color, or national origin of the adoptive parent or the child involved. Cal. Family Code ¤ 8708.

5.      Foster parents are entitled to present a specific application to the agency for adoption of foster children placed with them. Cain v. Adoption Agency of Tulare County Welfare Dept., 54 Cal. App. 3d 1127, 126 Cal. Rptr. 836, 839 (1976).

·  Eligibilitv for Federal and State Foster Care Benefits and Status of Foster Parent

1. Federal Benefits Children are eligible for federal foster care benefits whether placed with relatives or non-relatives under the supervision of a state child welfare agency. Miller v. Youakim, 99 S.Ct. 957, 969 (1979).
       NOTE: If the foster parent becomes the legal guardian of the child, however, the state child welfare agency is no longer responsible for the child, so the child becomes ineligible for federal foster care benefits (although the child may remain eligible for federal AFDC benefits).
2. State Benefits: Foster children ineligible for federal foster care benefits nevertheless may be eligible for state foster care benefits, but these benefits are available only to foster children placed with a non-related foster parent. Thus, foster children placed with relatives are ineligible for state foster care benefits. This provision of California law has been upheld in King v. McMahon, 186 Cal. App. 3d 648, 230 Cal. Rptr. 911 (1986).

·  Foster Parents - Abuse Charges

1. Definitions
• "Abuse in out-of-home care" means situations of physical injury on a child which is inflicted by other than accidental means, or of sexual assault or neglect or the willful cruelty or unjustifiable punishment of a child where the person responsible for the child's welfare is a foster parent.
• "Child abuse" means a physical injury which is inflicted by other than accidental means on a child by another person. "Child abuse" also means the sexual abuse of a child or any act or omission proscribed by Cal. Penal Code ¤ 273a (willful cruelty or unjustifiable punishment of a child) or ¤ 273d (corporal punishment or injury). "Child abuse" also means the neglect of a child or abuse in out-of home care, as defined in this article. Cal. Penal Code ¤ 11165.6.
2. Revocation of the Foster Care License
• The department has the authority to revoke a foster care license when:
1. the foster parent has violated licensing rules and regulations; Cal. Health & Safety Code ¤ 1550(a).
2. the foster parent is aiding, abetting, or permitting the violation of licensing rules and regulations; Cal. Health & Safety Code 1550(b).
3. the foster parent's conduct in the operation and/or maintenance of the foster home endangers the health, morals, welfare or safety of foster children. Cal. Health & Safety Code 1550(c).
• The department may suspend the foster care license prior to a hearing if it is necessary to protect foster children from physical or mental abuse, abandonment, or any substantial threat to health or safety. Cal. Health & Safety Code ¤ 1 550(e).
• Hearing Procedures:
1. The department must notify the foster parent of the license suspension and serve the provider with any accusation.
2. The foster parent may present a notice of defense to the accusation. Within 15 days after the receipt of a notice of defense, the department must set the matter for hearing. The hearing must be held as soon as possible, but not later than 30 days after receipt of the notice of defense.
3. The license suspension shall remain in effect until a final determination on the merits has been made. However, if a determination is not made within 30 days after the original hearing is completed, the suspension will be deemed vacated. Cal. Health & Safety Code ¤ 1 550(e).
• At the hearing, foster parents have the following rights:

• the right to testify under oath;
• the right to cross-examination and to confront adversary witnesses;
• the right to representation;
• the right to a formal decision;
• the right to language assistance (oral interpretation or written translation) . Cal. Gov. Code ¤ 11500(f-g).

The General Assembly finds that foster parents who are volunteers providing care for children who are in the custody of the Department of Human Resources play an integral, indispensable, and vital role in the state's effort to care for dependent children displaced from their homes.  The General Assembly further finds that it is in the best interest of Georgia's child welfare system to acknowledge foster parents as active and participating members of this system and to support them through the following bill of rights:

• The right to be treated by the Division of Family and Children Services of the Department of Human Resources and other partners in the care of abused children with dignity, respect, and trust as a primary provider of foster care and a member of the professional team caring for foster children;
• The right not to be discriminated against on the basis of religion, race, color, creed, gender, marital status, national origin, age, or physical handicap;
• 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.  This shall include the right to exercise parental authority within the limits of policies, procedures, and other directions of the Division of Family and Children Services and within the limits of the laws of the State of Georgia;
• The right to receive both standardized pre-service training, including training in Division of Family and Children Services policies and procedures and appropriate ongoing training, by the Division of Family and Children Services or the placing agency at appropriate intervals to meet mutually assessed needs of the child and to improve foster parents' skills and to apprise foster parents of any changes in policies and procedures of the Division of Family and Children Services and any changes in applicable law;
• The right to be apprised of information, laws, and guidelines on the obligations, responsibilities, and opportunities of foster parenting by the Division of Family and Children Services in a timely manner and at least annually;
• The right to receive timely financial reimbursement according to the agreement between the foster parents and the Department of Human Resources from funds appropriated by the General Assembly and to be notified of any costs or expenses for which the foster parent may be eligible for reimbursement;
• The right to receive information from the Division of Family and Children Services on how to receive services and reach personnel 24 hours per day, 7 days per week;
• 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;
• The right to discuss information regarding the child prior to placement.  The Division of Family and Children Services will provide such information as it become available as allowable under state and federal laws;
• The right to refuse placement of a child in the foster home or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse affect on being assigned any future foster or adoptive placements;
• 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 therefore; 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;
• The right, at any time during which a child is placed with the foster parent, to receive from the Division of Family and Children Services any and all additional pertinent information relevant to the care of the child;
• The right to be provided with a written copy of the individual treatment and service plan concerning the child in the foster parent's home and to discuss such plan with the case manager, as well as a reasonable notification of any changes to that plan;
• 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;
• The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-58;
• The right to provide input concerning the plan of services for the child and to have that input considered by the department;
• The right to communicate for the purpose of participating in the case of the foster child with other professional who work with such child within the context of the professional team, including, but not limited to, therapists, physicians, and teachers, as allowable under state and federal law;
• The right to be notified in advance, in writing, by the Division of Family and Children Services or the court of any hearing or review where the case plan or permanency of the child is an issue, including periodic reviews held by the court or by the Judicial Citizen Review Panel, hearings following revocation of the license of an agency which has permanent custody of a child, permanency hearings, and motions to extend custody, in accordance with Code Section 15-11-58;
• The right to be considered, when appropriate, as a preferential placement option when a child who was formerly placed with the foster parents has reentered the foster care system;
• The right to be considered, where appropriate, as the first choice as a permanent parent or parents for a child who, after 12 months of placement in the foster home, is released for adoption or permanent foster care;
• The right to be provided a fair and timely investigation of complaints concerning the operation of a foster home;
• The right to an explanation of a corrective action plan or policy violation relating to foster parents; and
• The right, to the extent allowed under state and federal law, to have an advocate present at all portions of investigations of abuse and neglect at which an accused foster parent is present.  Child abuse and neglect investigation 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.  The division of Family and Children Services will permit volunteers with the Adoptive and Foster Parent Association of Georgia to be educated concerning the procedures relevant to investigations of alleged abuse and neglect and the rights of accused foster parents.  After such training, a volunteer will be permitted to serve as an advocate for an accused foster parent.  All communication received by the advocate in this capacity shall be strictly confidential.
• This bill of rights shall be given full consideration when Division of Family and Children Services policies regarding foster care and adoptive placement are developed.
• Foster parents shall have the right to file a grievance in response to any violation of this article, which shall be such foster parents' exclusive remedy for any violation of this article.  The Division of family and Children Services and the Office of the Child Advocate for the Protection of children, along with an advisory committee comprised in part of representatives from the Adoptive and Foster Parent Association of Georgia, will develop a grievance procedure, including a mediation procedure, to be published in departmental policy manuals and the Foster Parent Handbook within one year of the effective date of the article.

Rev. Stat. ch. 20 S520/1-15

Foster parent rights.  A foster parent's rights include, but are not limited to, the following:

1. The right to be treated with dignity, respect, and consideration as a professional member of the child welfare team.
2. The right to be given standardized pre-service training and appropriate ongoing training to meet mutually assessed needs and improve the foster parent's skills.
3. The right to be informed as to how to contact the appropriate child placement agency in order to receive information and assistance to access supportive services for children in the foster parent's care.
4. The right to receive timely financial reimbursement commensurate with the care needs of the child as specified in the service plan.
5. The right to be provided a clear, written understanding of a placement agency's plan concerning the placement of a child in the foster parent's home.  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.
6. The right to be provided a fair, timely, and impartial investigation of complaints concerning the foster parent's licensure, to be provided the opportunity to have a person of the foster parent's choosing present during the investigation, and to be provided due process during the investigation; the right to be provided the opportunity to request and receive mediation or an administrative review of decisions that affect licensing parameters, or both mediation and an administrative review; and the right to have decisions concerning a licensing corrective action plan specifically tied to the licensing standards violated.
7. The right, at any time during which a child is placed with the foster parent, to receive additional or necessary information that is relevant to the care of the child.
8. The right to be notified of scheduled meetings and staffings concerning the foster child in order to actively participate in the case planning and decision-making process regarding the child, including individual service planning meetings, administrative case reviews, interdisciplinary staffings, and individual educational planning meetings; the right to be informed of decisions made by the courts or the child welfare agency concerning the child; the right to provide input concerning the plan of services for the child and to have that input given full consideration in the same manner as information presented by any other professional on the team; and the right to communicate with other professionals who work with the foster child within the context of the team, including therapists, physicians, and teachers.
9. The right to be given, in a timely and consistent manner, any information a case worker has regarding the child and the child's family which is pertinent to the care and needs of the child and to the making of a permanency plan for the child.  Disclosure of information concerning the child's family shall be limited to that information that is essential for understanding the needs of and providing care to the child in order to protect the rights of the child's family.  When a positive relationship exists between the foster parent and the child's family, the child's family may consent tp disclosure of additional information.
10. The right to be given reasonable written notice of (i) any changes in a child's case plan, (ii) plans to terminate the placement of the child with the foster parent, and (iii) the reasons for the change or termination in placement.  The notice shall be waived only in cases of a court order or when the child is determined to be in imminent risk of harm.
11. The right to be notified in a timely and complete manner of all court hearings, including notice of the date and time of the court hearing, the name of the judge or hearing officier hearing the case, the location of the hearing, and the court docket number of the case; and the right to intervene in court proceedings or to seek mandamus under the Juvenile Court Act of 1987.
12. The right to be considered as a placement option when a foster child who was formerly placed with the foster parent is to be re-entered into foster care, if that placement is consistent with the best interest of the child and other children in the foster parent's home.
13. The right to have timely access to the child placement agency's existing appeals process and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal.

House Bill 159/GA

AN ACT relating to foster parents.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1.   A NEW SECTION OF KRS CHAPTER 620 IS CREATED TO READ AS FOLLOWS:
(1)  Persons who provide foster care services to children who have been committed to the custody of the state shall be considered a primary partner and member of a professional team caring for foster children. Foster parents who contract directly with the cabinet shall have the following rights:
     (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. In an emergency situation, the cabinet shall provide information as soon as it is available;
     (k) To refuse placement of a child within the foster home and to request, with reasonable notice to the cabinet, the removal of a child from the foster home without fear of reprisal;
     (l)  To communicate, with an appropriate release of information consistent with KRS 605.160, with other professionals who work directly with the foster child, including but not limited to teachers, therapists, and health care practitioners and to notify the cabinet within twenty-four (24) hours of the communication;
    (m) To assist the cabinet in the development of the child's plan of care;
    (n)  To receive an explanatory notice from the cabinet, consistent with KRS 620.130 and when it is in the best interest of the child, when a foster child's case plan has changed and, except in an immediate response to a child protective services investigation involving the foster home, an explanatory notice of termination or change in placement affecting the foster home within fourteen (14) days of the change or termination in placement;
    (o)  To have priority consideration for placement if a child who has previously been placed in the foster home reenters foster care, consistent with KRS 605.130 and 620.130 and to the extent it is in the best interest of the child;
    (p)  To have priority consideration for adoption if a foster child who has been placed in the foster home for a period of at least twelve (12) consecutive months becomes eligible for adoption consistent with KRS 605.130 and 620.130 and to the extent it is in the best interest of the child; and
    (q)  To maintain contact with the foster child after the child leaves the foster home, unless the child, a biological parent, the cabinet when the cabinet retains custody of the child, or other foster or adoptive parent refuses such contact.
(2) The responsibilities of foster parents that contract directly with the cabinet shall include, but not be limited to the following:
     (a)  To maintain an orderly and clean home;
     (b)  To ensure that child has adequate resources for personal hygiene and clothing;
     (c)  To provide recreational and spiritual opportunities for the child, in accordance with cabinet policies;
     (d)  To attend all school and case planning meetings involving a foster child placed in their home whenever possible subject to KRS 620.130 and the confidentiality requirements of 42 U.S.C. sec. 671;
     (e)  To abide by cabinet policies relating to discipline of a foster child; and
     (f)   To support the involvement of a foster child's biological family whenever possible and in accordance with cabinet policies.
(3) The cabinet shall provide specific training on investigations of alleged child abuse or neglect in a foster home to a person appointed by the Kentucky Foster/Adoptive Care Association. The training shall include the rights of a foster parent during an investigation. Training shall be consistent with 42 U.S.C. sec. 5106(a).
(4) Nothing in this section shall be construed to establish monetary liability of or cause of action against the cabinet.

Foster parents are recognized as primary caregivers to abused and neglected children who have been removed from their homes of origin. The State of Louisiana and the Department of Social Services shall implement and promote the support of these rights through the policy and practice of the Department.

Foster Parents are entitled to the following rights:

1. The right to be treated with dignity, respect, trust, and consideration as a primary provider of foster care and a member of the professional team caring for foster children.
2. The right to receive explanation and clarification as to the expectations and roles of all team members; and to receive evaluation and feedback on their role of foster care giver.
3. The right to receive all information on a child, at placement, and on an ongoing basis, that could impact the care provided the child and/or the health and safety of the child and/or foster family members. Information shall include case plan, health/medical, educational, court/legal decisions, and social history as known to the Department, to better meet the needs of children in their care.
4. The right to receive the necessary training and support to enable them to provide quality services in meeting the needs of the children in their care, including reasonable relief and respite, as allowed by agency resources.
5. The right to be informed of available support services, case planning meetings, court hearings and other decision-making meeting in a timely manner in recognition of the importance of their role as foster care givers.
6. The right to actively participate in the development of the child’s case plan, educational plan, and in other service planning decision-making processes.
7. The right to access agency staff for assistance in dealing with emergencies on a 24 hour basis; to assistance in dealing with family loss and separation when a child leaves their home; and access to available advocacy services to help support the foster parent in their role as care giver.
8. The right to receive information concerning agency policies and procedures related to their role as a foster parent or to the child in their care, and/or information contained in the foster parents’ record, as allowed by law.
9. The right for first consideration as a placement for a child previously placed in their home and/or for a child placed in their home who becomes available for adoption, if relative placement is not available.
10. The right to permit a member of the Louisiana Advocacy Support Team to accompany a foster parent into meetings with departmental staff during investigations or grievance procedures.

Code Article-Family Law, S5-504

In general.-Foster parents in this State have the following rights:

1. the right, at intial placement, at any time during the placement of a child in foster care, and as soon as practicable after new information becomes available, to receive full information from the caseworker, except for information about the family members that may be privileged or confidential, on the physical, social, emotional, educational, and mental history of a child which would possibly affect the care provided by a foster parent;
2. with regard to the local department of social services case planning, the right to:
      i)   except for meetings covered by the attorney-client privilege or meetings in which confidential information about the natural parents is discussed, be notified of, and when applicable, be heard at scheduled meetings and staffings concerning a child in order to actively participate, without superseding the rights of the natural parents to participate and make appropriate decisions regarding the child, in the case planning, admistrative   case reviews, interdisciplinary staffings, and individual educational planning and mental health team meetings;
     ii)   be informed of decisions made by the courts or a child welfare agency concerning a child; and
     iii)   provide input concerning the plan of services for a child and to have that imput given full consideration by the local department of social services; and
3. the right to be given reasonable written notice, waived only in cases of a court order or when a child is determined to be at imminent risk of harm, of plans to terminate the placement of a child with a foster parent.

Foster parents' bill of rights.

210.566. 1.
(1) The children's division and its contractors, recognizing that foster parents are not clients but rather are colleagues in the child welfare team, shall treat foster parents in a manner consistent with the National Association of Social Workers' ethical standards of conduct as described in its Social Workers' Ethical Responsibilities to Colleagues. Foster parents shall treat the children in their care, the child's birth family and members of the child welfare team in a manner consistent with their ethical responsibilities as professional team members.

(2) The children's division and its contractors shall provide written notification of the rights enumerated in this section at the time of initial licensure and at the time of each licensure renewal following the initial licensure period.

2. (1) The children's division and its contractors shall provide foster parents with regularly scheduled opportunities for preservice training, and regularly scheduled opportunities for pertinent inservice training, as determined by the Missouri State Foster Care and Adoption Advisory Board.

(2) The children's division and its contractors shall provide to foster parents and potential adoptive parents, prior to placement, all pertinent information, including but not limited to full disclosure of all medical, psychological, and psychiatric conditions of the child, as well as information from previous placements that would indicate that the child or children may have a propensity to cause violence to any member of the foster family home. The foster parents shall be provided with any information regarding the child or the child's family, including but not limited to the case plan, any family history of mental or physical illness, sexual abuse of the child or sexual abuse perpetrated by the child, criminal background of the child or the child's family, fire-setting or other destructive behavior by the child, substance abuse by the child or child's family, or any other information which is pertinent to the care and needs of the child and to protect the foster or adoptive family. Knowingly providing false or misleading information to foster parents in order to secure placement shall be denoted in the caseworker's personnel file and shall be kept on record by the division.

(3) The children's division and its contractors shall arrange preplacement visits, except in emergencies.

(4) The foster parents may ask questions about the child's case plan, encourage a placement or refuse a placement without reprisal from the caseworker or agency. After a placement, the children's division and its contractors shall update the foster parents as new information about the child is gathered.

(5) Foster parents shall be informed in a timely manner by the children's division and its contractors of all team meetings and staffings concerning their licensure status or children placed in their homes, and shall be allowed to participate, consistent with section 210.761.

(6) The children's division and its contractors shall establish reasonably accessible respite care for children in foster care for short periods of time, jointly determined by foster parents and the child's caseworker pursuant to section 210.545. Foster parents shall follow all procedures established by the children's division and its contractors for requesting and using respite care.

(7) Foster parents shall treat all information received from the children's division and its contractors about the child and the child's family as confidential. Information necessary for the medical or psychiatric care of the child may be provided to the appropriate practitioners. Foster parents may share information necessary with school personnel in order to secure a safe and appropriate education for the child. Additionally, foster parents shall share information they may learn about the child and the child's family, and concerns that arise in the care of the child, with the caseworker and other members of the child welfare team. Recognizing that placement changes are difficult for children, foster parents shall seek all necessary information, and participate in preplacement visits whenever possible, before deciding whether to accept a child for placement.

3. (1) Foster parents shall make decisions about the daily living concerns of the child, and shall be permitted to continue the practice of their own family values and routines while respecting the child's cultural heritage. All discipline shall be consistent with state laws and regulations. The children's division shall allow foster parents to help plan visitation between the child and the child's siblings or biological family. Visitations should be scheduled at a time that meets the needs of the child, the biological family members, and the foster family whenever possible. Recognizing that visitation with family members is an important right of children in foster care, foster parents shall be flexible and cooperative with regard to family visits.

(2) Foster parents shall provide care that is respectful of the child's cultural identity and needs. Recognizing that cultural competence can be learned, the children's division and their contractors shall provide foster parents with training that specifically addresses cultural needs of children, including but not limited to, information on skin and hair care, information on any specific religious or cultural practices of the child's biological family, and referrals to community resources for ongoing education and support.

(3) Foster parents shall recognize that the purpose of discipline is to teach and direct the behavior of the child, and ensure that it is administered in a humane and sensitive manner. Foster parents shall use discipline methods which are consistent with children's division policy.

4. (1) Consistent with state laws and regulations, the children's division and its contractors shall provide, upon request by the foster parents, information about a child's progress after the child leaves foster care.

(2) Except in emergencies, foster parents shall be given two weeks advance notice and a written statement of the reasons before a child is removed from their care. When requesting removal of a child from their home, foster parents shall give two weeks advance notice, consistent with division policy, to the child's caseworker, except in emergency situations.

(3) Recognizing the critical nature of attachment for children, if a child reenters the foster care system and is not placed in a relative home, the child's former foster parents shall be given first consideration for placement of the child.

(4) If a child becomes free for adoption while in foster care, the child's foster family shall be given preferential consideration as adoptive parents consistent with section 453.070, RSMo.

(5) If a foster child becomes free for adoption and the foster parents desire to adopt the child, they shall inform the caseworker within sixty days of the caseworker's initial query. If they do not choose to pursue adoption, foster parents shall make every effort to support and encourage the child's placement in a permanent home, including but not limited to providing information on the history and care needs of the child and accommodating transitional visitation.

5. Foster parents shall be informed by the court no later than two weeks prior to all court hearings pertaining to a child in their care, and informed of their right to attend and participate, consistent with section 211.464, RSMo.

6. The children's division and their contractors shall provide access to a fair and impartial grievance process to address licensure, case management decisions, and delivery of service issues. Foster parents shall have timely access to the child placement agency's appeals process, and shall be free from acts of retaliation when exercising the right to appeal.

7. The children's division and their contractors shall provide training to foster parents on the policies and procedures governing the licensure of foster homes, the provision of foster care, and the adoption process. Foster parents shall, upon request, be provided with written documentation of the policies of the children's division and their contractors. Per licensure requirements, foster parents shall comply with the policies of the child placement agency.

8. For purposes of this section, "foster parent" means a resource family providing care of children in state custody.

(L. 2002 S.B. 923, et al., A.L. 2007 S.B. 25)

Code Ann. S43-15-13

The Department of Human Services shall extend the following rights to foster care parents:

1. A clear understanding of their role as foster parents ands the roles of the birth parent(s) and the placement agency in respect to the child in care;
2. Respect, consideration, trust, and value as a family who is making an important contribution to the agency's objectives;
3. Involvement in all the agency's crucial decisions regarding the foster child as team members who have pertinent information based on their day-to-day knowledge of the child in care;
4. Support from the social worker in efforts to do a better day-to-day job in caring for the child and in working to achieve the agency's objectives for the child and the birth family through provision of:
         i)   Pertinent information about the child and the birth family.
        ii)   Help in using appropriate resources to meet the child's needs.
       iii)   Direct interviews between the social worker and the child, previously discussed and understood by the foster parents;
5. The opportunity to develop confidence in making day-to-day decisions in regard to the child;
6. The opportunity to learn and grow in their vocation through plqanned foster parent education;
7. The opportunity to be heard regarding agency practices that they may question; and

Reimbursement for costs of the foster child's care in the form of a board payment based on the age of the foster child as prescribed in Section 43-15-17.

Passed as a Memorial by the 2004 New Mexico Legislature

Foster Parents have the right to:

• Be treated with dignity, respect, and consideration as integral members of the child welfare team.
• Be free from discrimination based on religion, race, color, creed, gender orientation, national origin, age, marital status, or physical handicap in matters concerning licensing.
• Confidentiality regarding personal issues as provided by law.
• Be given standardized pre-service training and appropriate on-going training.
• Be informed of, and have access to, all agency policies and procedures related to their role as foster parents.
• A fair, timely and impartial investigation concerning referrals filed against them and access to the appeals process, pursuant to Department policy and procedure.
• Report misconduct by CYFD employees, service providers, or contractors and to have such reports investigated appropriately.
• Be free from acts of harassment and retaliation by CYFD staff.
• Expect and rely upon the fact that CYFD’s decisions regarding them and the children placed in their care will be in compliance with state and federal law.
• Emergency access to CYFD staff on a 24-hour, 7-day/week basis.
• Receive the completed Substitute Care Placement Agreement within 24 hours of the time the foster child is placed in their home.
• Full disclosure of all medical, psychological, and behavioral issues of children in their care, as provided by Department policy and procedure.
• Receive a traveling file for children placed in their care.
• Receive a written copy of the child’s treatment plan and any subsequent revisions on a timely basis.
• Be informed of and receive available support services for a child in their care, as provided by Department policy and procedures.
• Receive full and timely financial reimbursement commensurate with the care needs of the child, as provided by Department policy and procedure.
• Provide input concerning the plan of services for the child and to have their input given full consideration, in the same manner as information presented by any other members of the team.
• To be notified of scheduled meetings concerning a child in their care in order to actively participate in the case planning and treatment process.
• Communicate with professionals who work with the foster child including, but not limited to, therapists, physicians, and school personnel.
• Be notified of scheduled Citizen Review Board meetings concerning a child in their care.
• Receive adequate prior written notice and an opportunity to be heard at court hearings regarding a child in their care as provided by law.
• Submit factually-based written statements to the court, as provided by law.

Stat. tit. 10, S7206.1

A statement of foster parent's rights shall include, but not be limited to, the right to:

1. Be treated with dignity, respect, and consideration as a professional member of the child welfare team;
2. Be notified of and be given appropriate, ongoing education and continuing education and training to develop and enhance foster parenting shills;
3. Be informed about ways to contact the state agency or the child-placing agency in order to receive information and assistance to access supportive services for any child in the foster parent's care;
4. Receive timely financial reimbursement for providing foster care services;
5. Be notified of any costs or expenses for which the foster parent may be eligible for reimbursement;
6. Be provided a clear, written explanation of the individual treatment and service plan concerning the child in the foster parent's home, listing components of the plan pursuant to the provisions of the Oklahoma Children's Code and the Oklahoma Foster Care and Out-of-Home Placement Act;
7. Receive, at any time during which a child is placed with the foster parent, additional or necessary information that is relevant to the case of the child;
8. 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. Provide input concerning the plan of services for the child and to have that input be given full consideration in the same manner as information presented by any other professional on the team;
10. Communicate with other foster parents in order to share information regardinh the foster child.  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. Communicate with other professional who work with the foster child within the context of the team including, but not limited to, therapists, physicians, and teachers;
12. Be given, in a timely and consistent manner, any information regarding the child and the child's family which is pertinent to the care and needs of the child and to the making of a permanency plan for the child.  Disclosure of information shall be limited to that information which is authorized by the provisions of Article V of the Oklahoma Children's Code for foster parents and Article VII of the Oklahoma Juvenile Code;
13. Be given reasonable notice of any change in or addition to the services provided to the child pursuant to the child's individual treatment and service plan;
14. a.  Be given written notice of:
         (1)  plans to terminate the placement of the child with the foster parent pursuant to
                Section 7208 of this title, and
         (2)  the reasons for the changes or termination in placement, and
    b.  The notice shall be waived only in emergency cases pursuant to Section 7208 of this title;
15. Be notified by the applicable state agency in a timely and complete manner of all court hearings, including notice of the date and time of any court hearing, the name of the judge or hearning officer hearing the case, the location of the hearing, and the court docket number of the case;
16. Be informed of decisions made by the court, the state agency or the child-placing agency concerning the child;
17. be considered as a preferred placement option when a foster child who was formerly placed with the foster parent is to reenter foster care at the same level and type of care, if that placement is consistent with the best interest of the child and other children in the foster parent's home;
18. Be provided a fair, timely, and impartial investigation of complaints concerning the foster parent's certification;
19. be provided the opportunity to request and receive a fair and impartial hearing regarding decisions that affect certification retention or placement of children in the home;
20. Be allowed the right to exercize parental substitute authority;
21. Have timely access to the state agency's and child placement agency's appeals process and the right to be free from acts of harrassment and retaliation by any other party when exercising the right to appeal;
22. Be given the number of the statewide toll-free Foster Parent Hotline established in Section 7204 of this title; and
23. File a grievance and be informed of the process for filing a grievance.

ORS 419B.11

AN ACT

Resource Family Care Act (Act 73 of 2005)

"Resource family." A family which provides temporary foster or kinship care for children who need out-of-home placement and which may eventually provide permanency for those children, including as an adoptive family. County and private agencies shall provide the following to resource families:

1. Notification of scheduled meetings concerning the child in order to actively participate and have input into the case-planning and decision-making process regarding the child.
2. Support services to assist in the care of the child, consistent with the child's approved permanency plan.
3. Open, complete and timely responses from the county or private agency when contacted by the resource parents.
4. Information about the child's medical history, general behaviors and information regarding the relationships between the child and his or her parents shall be provided to the resource parents as soon as that information is obtained by the county or private agency. Within a reasonable amount of time the agency shall provide information concerning the educational history, life experiences and placement circumstances of the child.
5. Consultation with the resource parents in the development of the permanency plan.
6. Consultation with the resource parents in the decision to release the resource family's address to the child's parent and be informed when such information has been shared.
7. Assistance with the coordination of services for dealing with family loss and separation when a child leaves the resource family's home and when relocation is not the result of an immediate threat to the health and safety of the child caused by the resource family.
8. Information on all county or private agency policies and procedures that relate to the role of a resource parent.
9. Appropriate training that will enhance skills and ability of the resource parent.
10. Information on how to receive services and reach county or private agency personnel on a 24-hour-a-day, 7-day-a-week basis.
11. Confidentiality regarding allegations of abuse involving a member of the resource family. The provision of confidentiality shall not interfere with the safety of the child.
12. Opportunity to be heard regarding agency decisions or practices.  The agency shall not discharge, threaten or otherwise Discriminate or retaliate against a resource parent for questioning the decisions or practices of an agency.
13. Copy of responsibilities of county or private agencies to be provided.
14. All Resource families shall be given a copy of the responsibilities enumerated in this act by the appropriate county or private agency upon approval as a Resource Family.

Rev. Code s74.13.332