FOSTER CARE
TAKING CHARGE
OF MY RIGHTS
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As a minor, do I have the right to work if I want a job?"No, Ohio requires all minors to obtain a work permit, which must be signed by your parent or guardian. Having a strong desire to work is admirable and you are encouraged to explore your social networks for options.
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Can I start my own business, even if I’m a minor?"Yes. There is no minimum age to file an LLC and start a business in Ohio. The Secretary of State welcomes entrepreneurs and you can learn more at http://business.ohio.gov/starting
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Do I get overtime pay if I worked more hours than I was scheduled to work?No. Ohio has specific rules regarding what companies are required to pay overtime to employees. Also, companies and organizations have pay period set ups. There could also be vacation pay policies that impact overtime pay. You will want to see your employee handbook to ensure that you understand your pay and anything that could potentially impact it.
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As a tipped employee, can my employer make me pay a portion of my tips to “the house”?"Unless your employer informed you at your hire that a portion of your tips would be pooled, this is an illegal practice known as tip skimming. If you don't think that a conversation with your employer will be helpful, you may want to contact the Attorney General’s office for further guidance on how to handle this matter.
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Can I opt out of a criminal background check?Yes, but you may not receive a call back for an interview or job offer. Employers who do criminal background checks typically do these for applicants that they are interested in hiring. If you go into interview prepared, you can prepare an interviewer for what they may find on a background check.
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My criminal past is behind me; do I still have to report it on my application?If a job application specifically asks you about criminal history or convictions, then yes still need to report this information.
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Do I have to pay for the criminal background check and/or employee screening?Possibly. Some employers require that you pay for the check while others may cover the expense. There are others who have you pay it upfront and reimburse you the cost upon hire. This is something that you will want to ask during your interview.
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Is my juvenile justice record included in a consumer or criminal background check?No. Information from your involvement with the system as a minor should not be included. If you find that this information is being included in a company’s report, you are encouraged to follow the process for filing a dispute and having the information removed.
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Can I see what information is in a consumer or criminal background check requested that has been completed on me?Yes. The Fair Credit Reporting Act (FCRA) affords you the right to a copy of any background or consumer check completed on your behalf. It also states that if an employer is going to complete a consumer/background check on you, they must inform you and tell you the scope of the check (i.e., what it’s for, how far back it will go, if it’s criminal or consumer, etc.).
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Is it okay to write “gift” on the bill of sale for something that I am selling?No. It is never to okay for you or someone that you are buying an item from to write “gift” or “$0” on the bill of sale or ownership title. This is often done to avoid payment of taxes that are due. You will want to make sure that all documents are completed correctly so that when you must pay taxes, you have been properly compensated.
MY RESPONSIBILITY
AS A YOUTH IN CARE
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As a minor, do I have the right to work if I want a job?"No, Ohio requires all minors to obtain a work permit, which must be signed by your parent or guardian. Having a strong desire to work is admirable and you are encouraged to explore your social networks for options.
-
Can I start my own business, even if I’m a minor?"Yes. There is no minimum age to file an LLC and start a business in Ohio. The Secretary of State welcomes entrepreneurs and you can learn more at http://business.ohio.gov/starting
-
Do I get overtime pay if I worked more hours than I was scheduled to work?No. Ohio has specific rules regarding what companies are required to pay overtime to employees. Also, companies and organizations have pay period set ups. There could also be vacation pay policies that impact overtime pay. You will want to see your employee handbook to ensure that you understand your pay and anything that could potentially impact it.
-
As a tipped employee, can my employer make me pay a portion of my tips to “the house”?"Unless your employer informed you at your hire that a portion of your tips would be pooled, this is an illegal practice known as tip skimming. If you don't think that a conversation with your employer will be helpful, you may want to contact the Attorney General’s office for further guidance on how to handle this matter.
-
Can I opt out of a criminal background check?Yes, but you may not receive a call back for an interview or job offer. Employers who do criminal background checks typically do these for applicants that they are interested in hiring. If you go into interview prepared, you can prepare an interviewer for what they may find on a background check.
-
My criminal past is behind me; do I still have to report it on my application?If a job application specifically asks you about criminal history or convictions, then yes still need to report this information.
-
Do I have to pay for the criminal background check and/or employee screening?Possibly. Some employers require that you pay for the check while others may cover the expense. There are others who have you pay it upfront and reimburse you the cost upon hire. This is something that you will want to ask during your interview.
-
Is my juvenile justice record included in a consumer or criminal background check?No. Information from your involvement with the system as a minor should not be included. If you find that this information is being included in a company’s report, you are encouraged to follow the process for filing a dispute and having the information removed.
-
Can I see what information is in a consumer or criminal background check requested that has been completed on me?Yes. The Fair Credit Reporting Act (FCRA) affords you the right to a copy of any background or consumer check completed on your behalf. It also states that if an employer is going to complete a consumer/background check on you, they must inform you and tell you the scope of the check (i.e., what it’s for, how far back it will go, if it’s criminal or consumer, etc.).
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Is it okay to write “gift” on the bill of sale for something that I am selling?No. It is never to okay for you or someone that you are buying an item from to write “gift” or “$0” on the bill of sale or ownership title. This is often done to avoid payment of taxes that are due. You will want to make sure that all documents are completed correctly so that when you must pay taxes, you have been properly compensated.
GETTING SUPPORT:
As a young person in foster care, you have the right:
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To know your rights in foster care, to receive a list of those rights in written form and to know how to file a complaint if your rights are being violated.
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To be told why you came into foster care and why you are still in foster care.
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To live in a safe and healthy home where you are treated with respect, with your own place to store your things and where you receive healthy food, adequate clothing, and appropriate personal hygiene products.
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To have personal belongings secure and transported with you.
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To have caring foster parents or caretakers who are properly trained, have received background checks and screenings, and who receive adequate support from the Agency to help ensure stability in the placement.
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To be placed in a home with your brothers and sisters when possible, and to maintain regular and unrestricted contact with siblings when separated (including help with transportation), unless ordered by the court.
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To attend school and participate in extracurricular, cultural, and personal enrichment activities.
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To have your privacy protected. You can expect confidentiality from the adults involved in your case.
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To be protected from physical, sexual, emotional or other abuse, including corporal punishment (hitting or spanking as a punishment) and being locked in a room (unless you are in a treatment facility).
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To receive medical, dental, vision and mental health services.
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To refuse to take medications, vitamins or herbs, unless prescribed by a doctor.
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To have an immediate visit after placement and have regular visits ongoing with biological parents and other relatives unless prohibited by court or unless you don’t want to.
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To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
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To have regular contact from and unrestricted access to caseworkers, attorneys, and advocates and to be allowed to have confidential conversations with such individuals.
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To be told by your caseworker and your attorney about any changes in your case plan or placement and receive honest information about the decisions the PCSA is making that affect your life.
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To attend religious services and activities of your choice and to preserve your cultural heritage. If possible your placement should be with a family member or someone from your community with similar religion, culture and/or heritage.
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To be represented by an attorney at law in administrative or judicial proceedings with access to fair hearing and court review of decisions, so that your best interest are safeguarded.
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To be involved, where appropriate, in the development of your case plan and to object to any of the provisions of the case plan during case reviews, court hearings and case planning conferences.
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To attend court and speak to a judge (at a certain age, usually 12) about what you want to have happen in your case.
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To have a plan for your future, including an emancipation plan if appropriate (for leaving foster care when you become an adult), and to be provided services to help you prepare to become a successful adult.
GLOSSARY:
Adjudicatory Hearing - a hearing held in juvenile courts during which a judge or magistrate will determine whether or not the facts presented at court are true or not. There is no finding of guilt or innocence.
Emancipate - the legal term used when a youth has reached the age of 18 and is no longer under the care, supervision or custody of the child welfare system.
Entitlement - a government program that provides benefits to any individual meeting certain eligibility requirements.
Grievance Procedures - the process by which complaints or wrong-doings are filed, processed and followed through on within an organization in an effort to resolve conflict.
Legal Custodian - person(s) who a court has granted legal authority and responsibility to for the purpose of making caring for a youth and to make major decisions for the youth (i.e. medical, education, religious, education, etc.).
Medical Proxy - a person who has been identified and legally documented to be able to make medical decisions on your behalf should you become unable to do so.
Opt-In - to decide/choose that you want to do or participate in something.
Permanency - the experience of unconditional belonging and connectedness as experienced by youth; what permanency looks like in practice can only be defined by the young person
Public Children Services Agency (PCSA) - an agency that provides child protective services and placement of children/youth in foster care or other approved placement settings.