Save a foster child

Is there one reason, even a bad reason, that this is not the national guideline for all foster care in the USA?

New Hampshire Senate committee hears testimony for Foster Care Child Bill of Rights



STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Eighteen AN ACT establishing a foster parent bill of rights. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Foster Parent Bill of Rights. Amend RSA 170-E by inserting after section 50 the following new subdivision: Foster Parent Bill of Rights 170-E:51 Foster Parent Bill of Rights. The department of health and human services shall ensure that each foster parent in this state shall be granted the following rights:

I. The right to advocate for a foster child in his or her care and to be treated with dignity, respect, and consideration as a primary provider of foster care and as a valued member of the child welfare team, including:
(a) Uniform treatment throughout the state by the department, ensuring the exercise of the rights granted to foster parents, including the right not to be discriminated against on the basis of religion, race, color, creed, sex, national origin, age, marital status, or physical handicap.
(b) Freedom from coercion, discrimination, and reprisal for voicing concerns about a child in the foster parent's care.
(c) A commitment that the department shall not discharge, threaten, or otherwise discriminate or retaliate against a foster parent for any appropriate inquiry regarding the decisions or practices of the department.

II. The right to accept or refuse placement of a child and to request, upon reasonable notice to the department, the removal of a child from the foster parent's home. This includes the right to be considered first for placement of a child previously placed in the foster parent's home, and the right to be considered first as the permanent placement if relative placement is not an option.

III. The right to personal safety and the protection of personally identifiable information. This includes the right to be consulted prior to the release of the foster parent's address or phone number to the child's birth parents; the right to be informed prior to the release of such information to the birth parent; and the right to maintain the foster parent family's patterns, routine, values, and beliefs.

IV. The right to information about the role and responsibilities of foster parents, including:
(a) A formal foster parent agreement, concise written expectations, and feedback in relation to being a member of the child welfare team, including periodic and timely evaluations of the foster parent's performance.
(b) Information regarding how a foster parent may provide the court with written documentation pertinent to the child's well-being.
(c) Guidelines related to permanency planning and standards.
(d) An explanation of policies and procedures specific to a foster parent's rights in accordance with this subdivision.

 V. The right to receive in a timely and consistent manner information related to a foster child's behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the department at the time the child is placed in foster care. When the department receives such information after placement, the department shall make that information available to the foster parent in a timely manner. The department also shall fully disclose any information regarding any past or pending delinquency petitions, criminal charges, and previous hospitalizations, whether due to mental or physical issues.

VI. The right to contact a representative of the department 24 hours a day, 7 days a week, for the purpose of aiding the foster parent in caring for the child.

VII. The right to receive fair and equitable payments and other financial reimbursement for the care of a child in foster care.

VIII. The right to receive training and support to enhance a foster parent's skills in meeting the needs of a child in foster care, as well as the right to notice of changes in department policies, procedures, and related statutes in a timely manner.

IX. The right to information concerning scheduled meetings and appointments involving a foster child. This includes:
(a) Participation in a foster child's individual service planning meetings, foster care reviews, individual educational planning meetings, permanency planning, medical and dental appointments, and any other meeting related to the service planning decision making process.
(b) The right to provide information that will be considered in the same manner as information presented by any other team member for the case planning and decision-making process regarding the child, and the right to advocate for the same without intimidation, discrimination, or retaliation.
(c) The right to request a team meeting to address concerns specific to the child, including the right to participate in development of the child's permanency plan.
(d) The right to feedback in a courteous and respectful manner from any team member when a foster parent's opinion or recommendation differs from that of the department.

X. The right to information regarding collateral agency policies and procedures that relate to the role of the foster parents. The right to communicate with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child within the context of the team and receive written reports directly from said professionals.

XI. The right to communicate with the child's birth family, former or prospective foster parents of the child, and prospective and finalized adoptive parents of the child, with approval from the court and the department. This may include the right to:
(a) Receive any information concerning the number of times a foster child has been moved and the reasons why.
(b) Help plan visitation between the child and the child's siblings or biological family members.
(c) Maintain contact with the foster child after the child leaves the foster home, unless the child, a birth parent, or other foster or adoptive parent refuses such contact.

XII. The right to be given reasonable written notice of:
(a) Any change in a child's case plan, including a revised copy of the case plan in a timely manner.
(b) Any plan to remove a child from the foster home, including the reason for the change or termination in placement.
(c) Any motion, petition, or hearing, including a court order for removal involving the foster parent.

XIII. The right to reasonable notice from the department of all court proceedings, the right to attend such proceedings, and, at the discretion of the court, the right to be heard.

 XIV. The right to submit written reports to the court to ensure that personal and accurate information concerning the child's behaviors and developmental needs are included in the court's findings.

XV. The right to report factual, objective information about a child's placement, medical and dental information, education, behaviors, special interests and activities, visitation including dates, observations of the child and any dates of contact with parents, professional contacts and recommendations of services a child may benefit from.

XVI. The right to hire an attorney to assist a foster parent in abuse and neglect, permanency, and termination cases; however a foster parent is not a party to a child's case and may participate in the legal proceeding only in the manner prescribed by the court. Permission for a foster parent to enter the court with legal counsel is at the discretion of the presiding judge.

XVII. The right to be promptly informed, in writing, of any complaint against a foster parent or any problem in the foster parent's home which adversely affects the person's license as a foster parent. This department shall provide guidance and support to facilitate resolution of the complaint or problem.

XVIII. The department and their contractors shall provide access to a fair and impartial grievance process to address licensure, case management decisions, and delivery of service issues. Foster parents shall have timely access to the child placement agency's appeals process and shall be free from acts of retaliation when exercising the right to appeal. 2 Effective Date. This act shall take effect 60 days after its passage