What Is Foster Care?

Foster care is a system that gives children a temporary placement when in situations where their parents are unable to care for them or they do not have any parents or legal guardians. Depending on the situation, parents may be temporarily or permanently unable to care for their child.

This article examines some key issues relating to foster care. However, laws vary from state to state and city to city. If you have questions about the foster care system, contact a local lawyer experienced in family law.

Entering Foster Care

A child may end up in the foster care system for many reasons, including:

• Being orphaned or abandoned
• Child abuse, including physical or sexual abuse
• Neglect and maltreatment, including lack of access to medical attention
• Domestic violence between parents
• Drug or alcohol abuse in the family home
• A report to a child welfare agency about the safety of the child and stability of the home
• Incarceration of parents
• Juvenile criminal offenses that leave parents unable to care for the child
• Voluntary placement by parents for the child’s well-being

Typically, a state child welfare agency has legal custody while the child is in foster care, although certain situations allow the parents to keep their custody rights. Additionally, different jurisdictions have different support services, social services, health services, and human services to support and provide a foundation for their foster care program.

Types of Foster Care

Children in the foster care system may be placed in many different living situations, such as:

• Foster family home: This is a placement with foster parents or other family members in their home.
• Group home: This is typically a facility housing six or more foster children supervised by professional staff members.
• Formal kinship care arrangement:In this type of foster care, the child is placed with a relative or other adult with an existing kinship bond to provide full-time care.
• Informal kinship care arrangement: In this scenario, parents maintain legal custody of the child, sometimes with the help of a social worker, but decide on a relative or another adult with a kinship bond that will become a caregiver for the child.

Custody Rights and Foster Care

In most cases, when a child is placed in foster care, a child welfare agency or the state has legal custody of the child, and the parents temporarily or permanently lose their custody rights. However, informal kinship care arrangements allow parents to keep their custody rights until there is formal state intervention or they voluntarily give up their rights.

Since foster care placements may be temporary, some birth parents may regain their custody rights when they are back on their feet and able to show they can provide better care. In some states, reunification with birth parents becomes a goal for foster care. Should reunification not be possible, the goal becomes permanency for the child with appropriate caregivers and providers.

In cases where the parents are unable or unwilling to regain custody, the state continues to have legal custody of the child.

Sometimes, foster parents wish to adopt the children they foster, giving them legal custody of the child moving forward. If you seek to become adoptive parents, an experienced family law attorney can help you determine where your custody rights stand and how to move forward when dealing with the foster care system.

Becoming a Foster Parent

A foster parent may be a single person or a married couple, although some states do not accept unmarried, unrelated adults living together as foster parents. Some individual agencies have been known to discriminate against same-sex couples, but the laws surrounding this issue continue to evolve and provide protections for these couples.

Each state has a different process to become a foster parent. States consider several factors and require a candidate for a foster parent:

• Be older than 21 years old
• Attend all training sessions on foster parenting provided by a government or non-profit agency
• Have a stable source of income to support the child’s needs
• Have the ability to provide other childcare for times they are working, and the child is not in school
• Have a home with room to house the child
• Submit to home assessments for all household members
• Have no prior felony convictions or any misdemeanor convictions involving sexual, child, or elder abuse

Foster Parent Rights

Several states have enacted a Foster Parent Bill of Rights to protect foster families and often give foster parents priority to adopt their foster child if the option becomes available. Although each state has different protections and regulations, most states afford foster parents the right to:

• Be treated with respect and dignity as part of the child’s professional welfare team
• Communicate with other professionals working with the foster child
• Receive training and support while acting as a foster parent
• Timely and adequate financial reimbursement for related expenses
• Receive information on the child’s life and medical information before or at the time of the placement
• Refuse or request the placement of a child without reprisal
• Prompt and fair investigation and adjudication of foster home complaints
• An outlet to voice their complaints
• Be notified of any court proceedings or changes affecting the child’s placement
• Assistance with planning visitations with the child’s parents or siblings.
• Priority consideration for adoption if the option becomes available

Although foster parents typically have the same power to consent on behalf of the child as a parent would, there are exceptions. Most foster parents cannot consent to their foster child getting married, enlisting in the military, or receiving any life-altering medical treatments. This ability to consent may be further restricted if the child was placed in foster care voluntarily.

Children With Disabilities and Medical Needs

To be a foster parent for a child with different physical or mental abilities or medical needs, there may be additional requirements during your screening process. Your foster child may require special medical or housing accommodations and physical or behavioral therapy, among other resources, to provide the best care for the child.

You may also be eligible to receive additional funding or support when caring for a child with different needs. A family law attorney in your state can help you understand the requirements for becoming a foster parent, as well as any special circumstances that may apply to your situation or your future foster child.

Aging Out of Foster Care

Children age out of the foster care system around the time they turn 18 years old, although there is no set age. Federal law requires a state to assist a child in transitioning out of foster care and gaining independence.

Historically, children aging out of foster care have suffered higher rates of homelessness, substance abuse, pregnancy, and mental illness, as well as arrests and incarceration. Under the Foster Care Independence Act, states receive funds to help children transition out of the system by assisting with mentorship programs, access to safe housing, education vouchers, and Medicaid coverage, among other programs for support.

A local family law lawyer – especially one with experience in adoption law and navigating the foster care system – will be the best source of legal advice. Speak to an experienced family law lawyer before trying to settle a family law issue yourself.