FOSTER CARE
TAKING CHARGE
OF MY RIGHTS
Search or Tap for Answers Here:
Do I have the right to see and talk to my family?
Yes. Your worker will set up ongoing visits between you and your family, including any siblings that you have. The connections that you have with your family are to be supported as long as your safety and well-being needs are being met.
Do I have the right to refuse placement in agency custody?
If I’m in foster care and I have a child, do I automatically lose custody of my child?
Does everyone at school have the right to know that I am in foster care?
What does the law say about my medical and mental health care?
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You have the right to free, quality medical and mental health care that meets your needs.
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Your caseworker is responsible for ensuring that the services are in place.
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Your foster caregiver(s) are responsible for getting you to and from the providers/doctors as needed.
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If you are prescribed any medications, you have the right to comply or refuse to comply.
Do I have the right to access birth control as a youth in agency custody?
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You have the right to private phone conversations;
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Social media accounts;
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Unopened mail and;
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Engaging with family and peers outside of foster care
Can I have and express my own religious or spiritual beliefs?
Can a birth parent ask that the adoptive files be sealed?
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Adoption records are automatically sealed until the adopted child reaches the age of 21.
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Birth parents can refuse to allow adoption information to be released, or they can file a ‘Release of Information’ allowing the records to be opened when the child reaches adulthood.
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If the adopted child is between 18 and 21 years of age, the information is released, upon request, to the adoptive parent.
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If the adopted child is 21 years of age or older, the information is released to the adopted child directly.
Will I be able to find my birth parent(s) if I decide to search?
MY RESPONSIBILITY
AS A YOUTH IN CARE
Search or Tap for Answers Here:
What might cause me to go into agency custody?
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County Public Children Services Agencies (PCSA—see Glossary) can place you in their custody if there is an identified safety issue that places you at risk for harm.
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A court can also order you into the custody of a PCSA if there are behavioral issues that present a concern for your safety.
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Your parents/legal custodians can also agree to place you in agency custody for a limited period.
Will my extended family know that I am in agency custody?
I can pick where I live when I go into agency custody, right?
I have concerns about my foster home; what can I do?
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safe;
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clean and;
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in appropriate condition
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This includes you
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having clothing and food provided to you;
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your foster family not smoking inside the house or near you so as to avoid your exposure to secondhand smoke;
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pets being properly cared for and registered and;
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dangerous items and chemicals being safely stored and properly labeled.
Can I be placed somewhere else if my current placement just isn’t working out?
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safe,
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meets your health and safety needs, and
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prevents you from having to experience multiple moves.
I left my foster home. Can I just continue living on my own?
Now that I am in agency custody, do I have to do everything they tell me to do?
If I have a problem with my caseworker or county agency, what can I do?
Once I have done everything I was supposed to do, do I have the right to leave foster care?
What happens once I age out of foster care?
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.