Vol. 4, No. 2 • Spring 2000

My Rights as a North
Carolina Foster Parent

Right to Appeal Denial or
Revocation of License
I have the right to:

• appeal the denial or revocation of my foster home license to the Office of Administrative Hearings.
• receive a formal Notice of Administrative Action from the Division of Social Services that explains the licensure action taken, the reason for it, and the procedure for appealing the action, including an explanation of the 60 day time frame in which I can file the petition for a contested case hearing, which begins the appeal process with the Office of Administrative Hearings.
• employ counsel on my behalf or represent myself during this appeal process.
• call witnesses and present other evidence during the hearing.
• have the Administrative Law Judge issue a recommended decision to either uphold or reverse the state's licensure action. The recommended decision is then reviewed by the the DHHS Hearing Officer who can accept of alter it.
• appeal the Chief Hearing Officer's decision to the Superior Court.

Information about the Child
I have the right to:

• know all relevant information about my child I am asked to keep.
• to be informed of any medical or psychological conditions the child may have and any dangerous propensities on the part of the child that could harm my family, my property, or me.

Legal Proceedings
I have the right to:

• be informed by the Clerk of Court of periodic reviews of my foster child's juvenile case at least 15 days before each review.
• present during the reviews any information that I feel is relevant to the placement and the child's best interests so that the court may use that information in forming its opinion.
• be notified by DSS of any agency review team meetings and to attend such agency reviews.
• be notified of and attend the reviews of the adoption plan for my foster chid, which follow termination of parental rights or adoption release and are held every six months until the child is placed for adoption and an adoption petition is filed. I should be notified of such reviews no more than 30 days and no less than 15 days prior to each review.

Termination of Parental Rights and Adoption
I have the right to:

• petition for termination of parental rights if the child has resided with me for a continuous period of two years of more before I file the petition or if I have filed a petition to adopt.
• file an adoption petition before the Clerk of Superior Court even if DSS does not support the decision and even though I signed a foster home agreement which stated I would not seek to adopt the child without DSS consent.

Adoption Assistance
I have the right to:

• be informed of my foster child's eligibility, based on the special needs of the child, for adoption assistance, if I adopt my foster child. Adoption assistance includes monthly payments equivalent to foster care payments, money available on a yearly basis for certain medical and counseling expenses not covered by Medicaid or insurance, and reimbursement for up to $2,000 in nonrecurring or one-time expenses (such as legal fees required to complete the adoption) incurred by me as the foster parent.
• to appeal to a local hearing officer within five days an agency's decision to deny adoption assistance, if I feel the agency incorrectly denied me.
• to further appeal the denial of assistance to the State Hearings and Appeals Section of the Division of Social Services, Department of Health and Human Services, where a state hearing officer will review the case.

Source: North Carolina Division of Social Services, (2000). Rights and responsibilities of foster parents [informational sheets]. Winston-Salem, NC: Author.

Copyright � 2000 Jordan Institute for Families