Vol. 7, No. 2• May 2003

NC Foster Parents Association Proposes Foster Parents Bill of Rights

The North Carolina Foster Parents Association is urging state legislators to consider passing the following Foster Parent Bill of Rights. Several other states, including Tennessee, have such bills. If you have feedback about the following proposed rights, which have not yet been endorsed by the legislature or made into law, contact the N.C. Foster Parents Association.

Proposed Foster Parents Bill of Rights

WHEREAS foster parents provide a critical service to the State of North Carolina caring for thousands of foster children every year, and WHEREAS foster parents allow the State of North Carolina substantial financial saving each year through providing care to children at extremely low cost to the state, and WHEREAS foster parents provide loving homes enabling children to endure the hardship associated with separation from family, and WHEREAS offering the services of one’s family foster care providers involves tremendous sacrifice and selflessness, and WHEREAS there is a need for statewide uniformity in the effective application of foster care in North Carolina, now therefore, the North Carolina State Foster Parents Association encourages the passage of this Foster Parent Bill of Rights Act.

Foster Parenting is not a lifetime commitment to a child, but a commitment to make it meaningful during a child’s lifetime.

North Carolina’s Proposed Foster Parent Bill of Rights Act

1. The department and private contractors shall treat the foster parent(s) 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 department and private contractors shall provide the foster parent(s) with a clear explanation and understanding of the role the department, private contractors, and birth family members will play in the care of children in foster care.
   
   
3. The foster parent(s) shall be permitted to continue his/her own family values so long as the basic rights of the foster child are not set aside.
   
   
4. The foster parent(s) shall be provided training and support for the purpose of improving their skills in providing daily care and meeting the special needs of the child in foster care.
   
   
5. Prior to the placement of a child with foster care parent(s), the department or private confractors shall inform the foster parent(s) of issues relative to the child that may jeopardize the health and safety of the foster family or alter the manner in which foster care should be administered.
   
   
6. The department and private contractors shall provide a means by which the foster parent(s) can contact the department twenty-four (24) hours a day, seven (7) days a week for the purpose of receiving departmental assistance.
   
   
7. The department and private contractors shall provide the foster parent(s) timely, adequate financial reimbursement for the quality and knowledgeable care of a child in foster care, as specified by the plan, provided, however, the amount of such financial reimbursement shall, each year, be subject to and restricted by the level of funding specifically allocated for such purpose by the provisions of the general appropriations act.
   
   
8. The department and private contractors shall provide clear written explanation of the plan concerning the placement of a child in the foster parent(s) home. For emergency placements (where time does not allow prior preparation of such explanation) the department or private contractors shall include, but is not limited to, all information regarding the child’s contact with the child’s birth family and cultural heritage, if so outlined.
   
   
9. Prior to placement, the department and private contractors shall allow the foster parent(s) to review written information concerning the child and allow the foster parent(s) to assist in determining if such child would be a proper placement for the prospective foster family. For emergency placements where time does not allow prior review of such information, the department or private contractors shall provide such information as it becomes available.
   
   
10. The department and private contractors shall permit foster parent(s) to refuse placement within their home, or to request upon notice to the department or private contractors, the removal of a child from his or her home for good reason, without threat of reprisal, unless otherwise stipulated by contract or policy.
    
    
11. The department and private contractors shall inform the foster parent(s) of scheduled meetings and staffing concerning the foster child, and the foster parent(s) shall be permitted to actively participate in the case planning and decision-making process regarding the child in foster care. This may include individual service planning meetings, foster care review, individual educational planning, and other pertinent meetings.
    
    
12. The department and private contractors shall inform foster parent(s) of decisions made by the courts or the child welfare agency concerning the child.
    
    
13. The department and private contractors shall solicit the input of foster parent(s) concerning the plan of services for the child; this input shall be considered in the department’s ongoing development of the plan.
    
    
14. The department and private contractors shall permit, through written consent, foster parent(s) to communicate with professionals who work with the foster child, including any therapists, physicians, and teachers that work directly with the child.
    
    
15. The department and private contractors shall provide information regarding the child and the child’s family background and health history in a timely manner to the foster parent(s).
    
    
16. The department and private contractors shall notify foster parent(s) in a complete manner of all court hearings. This notification may include, but is not limited to, notice of the date and time of the court hearing and the name of the judge or hearing officer hearing the case. Such notification shall be made upon the department’s private contractors receiving of this information, or at the same time that notification is issued to birth parents. The foster parent(s) shall be permitted to attend such hearings.
    
    
17. The department and private contractors shall provide upon request by the foster parent(s) information regarding the child’s progress after the child leaves foster care. Information provided shall only be provided from information already in possession of the department or private contractors at the time of the request.
    
    
18. The department and private contractors shall provide the foster parent(s) the training for obtaining support and information concerning a better understanding of the rights and responsibilities of the foster parent(s).
    
    
19. The department and private contractors shall consider the foster parent(s) as the possible first choice permanent parent for the child, who after being in the foster parent(s) home for twelve (12) months, is freed for adoption or other permanent placement.
    
    
20. The department and private contractors shall consider the foster family as a placement option when a foster child who was previously placed with the foster parent(s) is to be reentered into foster care.
    
    
21. The department and private contractors shall permit the foster parent(s) a period of respite (free from placement of foster children) in said family’s home with follow-up contacts by the agency occurring a minimum of every two (2) months. The foster parent(s) shall provide the department or private contractors with information regarding their need for respite.
    
    
22. Child abuse/neglect investigations involving the foster parent(s) shall be investigated pursuant to the departments’ or private contractors child protective services policy and procedures. A child protective service case manager from another county shall be assigned investigative responsibility.
    
    
23. Removal of a foster child will occur pursuant to North Carolina codes and departmental policy and procedures. The department shall permit the Foster Allegation Support Team (FAST) volunteers to be educated concerning the procedures relevant to investigations of alleged abuse and neglect by the department and the rights of the accused foster parent(s). Such advocate shall be permitted to be present at all portions of investigations where the accused foster parent(s) are present, and all communication received by such advocate therein shall be strictly confidential. Nothing contained within this item shall be construed to abrogate to the provisions of North Carolina codes regarding procedures for investigations of child abuse and neglect and child sexual abuse by the department of social services and law enforcement agencies.
    
    
24. The department and private contractors shall provide the foster parent(s) copies of all information relative to their family contained in the personal foster home record.

Copyright � 2003 Jordan Institute for Families