Your Rights in Foster Care
The rights for youth in foster care may be different in each state.
FosterClub put together the following list of rights based on rights
for youth in foster care across the country. Ask your caseworker
about your rights in your state. If your rights are being violated,
contact a caseworker, attorney, CASA or foster parent immediately.
As a youth in foster care, you have the right:*
- To know your rights in foster care, to receive a list of those
rights in written form and to know how to file a complaint
if your rights are being violated.
- To be told why you came into foster care and why you are still
in foster care.
- To live in a safe and healthy home where treated with respect,
with your own place to store your things and where you
receive healthy food, adequate clothing, and appropriate personal
hygiene products.
- To have personal belongings secure and transported with you.
- To have caring foster parents or caretakers who are properly
trained, have received background checks and screenings,
and who receive adequate support form the Agency to help
ensure stability
in the placement.
- To be placed in a home with your brothers
and sisters when possible, and to maintain regular and unrestricted contact
with siblings when separated (including help with transportation),
unless
ordered by the court.
- To attend school and participate
in extracurricular, cultural,
and personal enrichment activities.
- To have your privacy protected. You can expect confidentiality
from the adults involved in your case.
- To be protected from physical, sexual,
emotional or other abuse,
including corporal punishment (hitting or spanking as
a punishment) and being locked in a room (unless you are in a
treatment
facility).
- To receive medical, dental, vision and
mental health services.
- To refuse to take medications, vitamins or herbs, unless prescribed
by a doctor.
- To have an immediate visit after placement and have regular
visits ongoing with biological parents and other relatives
unless prohibited by court or unless you don’t want to.
- To make and receive confidential telephone
calls and send
and receive unopened mail, unless prohibited by court
order.
- To have regular contact from and unrestricted access
to social workers, attorneys, and advocates and to be allowed to
have confidential conversations with such individuals.
- To be told by your social worker and your attorney about any
changes in your case plan or placement and receive honest
information about the decisions the Agency is making
that affect your life.
- To attend religious services and activities of your choice
and to preserve your cultural heritage. If possible your
placement should be with a family member or someone from
your community with
similar religion, culture and/or heritage.
- To be represented by an attorney at law in administrative
or judicial proceedings with access to fair hearing and
court review of decisions, so that your best interest are safeguarded.
- To be involved, where appropriate, in the development
of your case plan and to object to any of the provisions of the
case plan during case reviews, court hearings and case planning
conferences.
- To attend court and speak to a judge (at a certain age, usually
12) about what you want to have happen in your case.
- To have a plan for your future, including an emancipation
plan if appropriate (for leaving foster care when you
become an adult), and to be provided services to help you prepare
to become
a successful adult.
*Unless restricted by law or otherwise restricted by the court.
Rights have been assembled by and are the opinion of FosterClub
and are not intended to provide legal notice.
Resources:
Arizona revised Statute, Relating to child welfare and placement, HB2105 – 441R – S Ver.,
Bill of Rights for Children in Foster Care, National Foster Parents
Association
Florida Statute 39.4085 Legislative
findings and declaration of intent for goals for dependent children.
National
Center for Youth Law, California
Foster Youth— your
rights. (November 2002)
Casey National Center,
Bill of Rights for Children in Foster Care,(August 2002)
Answers, Maine Youth Advisory Team. http://www.ylat.org/publications/answers.pdf
New Jersey Revised Statute 9:6B-4, Rights for Children placed
outside the home.
Your Rights in Foster Care, Lawyers for Children, New York.
South
Carolina Foster Child’s Bill of Rights, GOALL
Youth Advisory Council.
The Real Deal, The National Youth in Care Network.
Your Rights as a person placed with Growing Homes, Growing Home
|
