Florida's Proposed Foster Parent Bill of Rights
WHEREAS foster parents provide a critical service to the State of Florida
caring for thousands of foster children every year; and
WHEREAS foster parents allow the State of Florida 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 ones 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 Florida; now, therefore; Florida State Foster Parents
Association encourages the passage of a Foster Parent Bill of Rights Act.
Suzanne Stevens, President Florida State Foster Parent Association
Foster Parenting is not a lifetime commitment to a child but a commitment
to make it meaningful during a child's lifetime
Foster Parent Bill of Rights Act
- 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.
- The department and private contractors shall provide the foster parent(s)
with a clear explanation and understanding of the role of the department
and private contractors and the role of the members of the child's birth
family in a child's foster care.
- 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.
- The foster parent(s) shall be provided training and support for the
purpose of improving skills in providing daily care and meeting the
special needs of the child in foster care.
- Prior to the placement of a child in foster care, the department or
private contractors 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.
- The department or 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.
- The department or 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 in 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.
- The department or 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 such child's birth family and cultural heritage,
if so outlined.
- Prior to placement, the department or 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 information as it
becomes available.
- The department or private contractors shall permit the 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 or reprisal, unless otherwise
stipulated by contract or policy.
- The department or 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 504 meetings.
- The department or private contractors shall inform a foster parent(s)
of decisions made by the courts or the child welfare agency concerning
the child.
- The department or private contractors shall solicit the input of a
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.
- The department or private contractors shall permit, through written
consent, the ability of the 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.
- The department or 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). The foster parent(s) shall received
additional or necessary information, that is relevant to the care of
the child, on an ongoing basis.
- The department or private contractors shall provide timely, written
notification of changes in the case plan or termination of the placement
and the reasons for the changes or termination of placement to the foster
parent(s), except in the instances of immediate response for child protective
services.
- The department or private contractors shall notify the 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 hearings,
the name of the judge or hearing officer hearing the care, the location
of the hearing, and the court docket number of the case. Such information
shall be made upon the department's or 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 at the discretion of the court.
- The department or private contractors shall provide, upon request
by the foster parent(s) information regarding the child's progress after
a 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.
- The department or 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).
- The department or 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 permanent foster care.
- The department or private contractors shall consider the former foster
family as a placement option when a foster child who was formerly placed
with the foster parent(s) is to be reentered into foster care.
- The department or 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 reasonable notice,
to be determined in the promulgation of rules, to the department or
private contractors for respite.
- Child abuse/neglect investigations involving the foster parent(s)
shall be investigated pursuant to the department's or private contractors
Child Protective Services policy and procedures. A Child Protective
Services Case Manager from another area shall be assigned investigative
responsibility. Removal of a foster child will be conducted pursuant
to Florida Administrative Codes and departmental policy and procedures.
The department shall permit the Foster Allegation Support Team's (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). Upon receiving such training, FAST volunteers
will be permitted to serve as an advocate for 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 construed to abrogate to the provisions
of Florida Administrative Code regarding procedures for investigations
of child abuse and neglect and child sexual abuse by the department
of children's services and law enforcement agencies.
- The department or private contractors shall provide the foster parent(s)
copies of all information relative to their family and services the
foster parent(s) contained in the personal foster home record upon request.
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