The sixth blog of a deep dive into the Foster Care World…this is the final post specifically regarding the Foster Parent Bill of Rights.
(q) The opportunity to develop confidence in making day-to-day decisions in regard to the child;
You are good enough…
(r) The opportunity to learn and grow in their vocation through planned education in caring for the child;
You will attend training seminars…
(s) The opportunity to be heard regarding agency practices that they may question;
This is interesting. The Judge may hear from you and they may not. Also, the chance to be heard regarding practices you may question does NOT mandate that you get answers or that anything happens as a result of you being heard.
(t) Information related to all costs eligible for reimbursement, including:
Some expenses are reimbursable.
(i) Reimbursement for costs of the child’s care in the form of a board payment based on the age of the child as prescribed in Section 43-15-17 unless the relative is exempt from foster care training and chooses to exercise the exemption; and
There are some hoops you have to jump through to get reimbursements.
(ii) Reimbursement for property damages caused by children in the custody of the Department of Child Protection Services in an amount not to exceed Five Hundred Dollars ($500.00), as evidenced by written documentation.
If the child damages your property you may be entitled to reimbursement.
The Department of Child Protection Services shall not incur liability for any damages as a result of providing this reimbursement.
Just because CPS is willing to reimburse up to $500.00 does not obligate them to that and certainly does not obligate the agency to anything more.
(12) The Department of Child Protection Services shall require the following responsibilities from participating persons who provide foster care and relative care:
Foster parents must do/adhere/abide by the following;
(a) Understanding the department’s function in regard to the foster care and relative care program and related social service programs;
Understand reunification is priority #1, placement/custody with a relative or fictive kin is #2, after that and depending on the circumstances a matter could include a TPR and adoption. This is a low percentage of the cases.
(b) Sharing with the department any information which may contribute to the care of children;
You have to share child welfare information. There are consequences for your license if you do not and it’s something that matters.
(c) Functioning within the established goals and objectives to improve the general welfare of the child;
This means cooperate in the permanent plan and concurrent plan, cooperate in visitation, child-related appointments and ultimately cooperate with CPS in every aspect. Cooperate even when you disagree or do not want to.
(d) Recognizing the problems in home placement that will require professional advice and assistance and that such help should be utilized to its full potential;
Acknowledge issues and seek out and ask for help. Do NOT minimize or cover it up in the hopes of “keeping” the child.
(e) Recognizing that the family who cares for the child will be one of the primary resources for preparing a child for any future plans that are made, including return to birth parent(s), termination of parental rights or reinstitutionalization;
You have a significant role. You are a successful foster parent if the permanent plan works!
(f) Expressing their views of agency practices which relate to the child with the appropriate staff member;
Don’t complain to the worker about the permanent plan. You of course could express legitimate concerns but you may have very limited to no information about the biological parent. Also, some case can take months or years. That child can be removed from foster care at any time.
(g) Understanding that all information shared with the persons who provide foster care or relative care about the child and his/her birth parent(s) must be held in the strictest of confidence;
Everything in Youth Court is TOP SECRET, it seems. You may have consequences for sharing information with persons you are not supposed to, which is essentially anyone other than CPS and persons that have a Court required obligation to be interacting with the child.
(h) Cooperating with any plan to reunite the child with his birth family and work with the birth family to achieve this goal; and
Cooperate. Cooperate. Cooperate. Natural parents have a fundamental right under the US Constitution to raise their child as they see fit. This will be honored unless and except it causes harm to the child. This is true even if you could provide a “better life” for the child.
(i) Attending dispositional review hearings and termination of parental rights hearings conducted by a court of competent jurisdiction, or providing their recommendations to the guardian ad litem in writing.
(13) The department shall develop a grievance procedure for foster parents to raise any complaints or concerns regarding the provisions of Section 43-15-13(11) or (12).
(14) Nothing in this section shall be construed to create a private right of action or claim on the part of any individual, the department, or any child-placing agency.
Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).
(601) 850-8000 - - BowTieLawyer.MS 