Family Law

Rights of Foster Parents

Key Takeaways

  • A foster parent cares for another person’s child.
  • Foster parents share custody of the child with the state.
  • Many states have adopted a Foster Parent Bill of Rights outlining your rights when fostering a child.

Becoming a foster parent is a big responsibility. You’re offering a child stability during a traumatic time. But, your care of the child will likely present many challenges. Many of those challenges come from the fact that you’re sharing custody of the child with the state. You must know your rights before you agree to take a foster child into your home.

Complex rules and laws govern foster parents. It’s a good idea to contact a foster care attorney. They can help you understand the laws in your state. They can explain your rights as a foster parent to ensure you’re doing what’s in the best interest of the child.

What Is a Foster Parent?

A foster parent is someone who takes care of a child that isn’t theirs. A child often ends up in a foster home when their biological family can’t care for them for some reason. Many foster parents are independent caregivers. Others manage group homes with several foster children. In some cases, foster care is only temporary. Children are often able to leave their foster family and go back to their birth family.

As a foster parent, you’re sharing custody of the child with the state. That means there are many laws and rules you must follow. But you also have rights as a foster parent. Knowing those rights will help you make the best decisions for the foster child.

What Are a Foster Parent’s Rights?

Many states have enacted a Foster Parent Bill of Rights. The Bill of Rights informs you of your rights in the foster care system. Each state’s version of the bill or rights varies. Generally, a foster parent has the following rights:

  • As a foster parent, you’re a member of the child welfare team responsible for meeting the child’s needs. You have the right to be treated with dignity and respect as a team member.
  • You have the right to receive training to care for the child. That includes training to improve your foster parenting skills. You also have the right to receive training on how to care for children with a mental or physical handicap.
  • You must have access to all necessary information in a timely manner to care for the child. The state must inform you if the child has any behavioral health conditions. The state must also give you any additional information necessary need to care for the child. The state must provide pertinent information about the child-placing agency’s proceedings. That includes notice of court hearings. It also includes being informed about support services available to you.
  • Providing foster care services is expensive. You have the right to receive timely financial reimbursement for your care of the child.
  • You have the right to a written plan for the agency’s placement of the child in your home. You have the right to have a say in the child’s support activities. That includes a visitation schedule for members of the child’s birth family. The state must allow you to be involved in planning meetings for the child. You can also discuss the child’s permanency plan with their case manager. You also have the right to know about changes to the child’s case plan.
  • You have the right to establish rules in your household to maintain the harmony of your own family. That includes how the foster child interacts with your family members. It also includes how the foster child fits into your house’s daily routine.
  • You have the right to refuse placement of a child in your home. You also have the right to have a child removed from your home without fear of reprisal.
  • Removing a child from your home can be difficult for you and the child. You have the right to written notice when the state is going to remove a foster child. The state can waive this right with a court order. It can also waive the right if staying in the foster parent’s home creates an imminent threat to the child.

Dealing with the complex rules and laws governing being a foster parent can be frustrating. Talking to a foster care attorney for help is a good idea. They can help ensure you’re meeting the needs of the child.

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