Article: My Rights as a Child in Foster Care

Vol. 4, No. 2 • Spring 2000

My Rights as a Child in Foster Care

The following is a declaration of rights of children in foster care by the National Center for Youth Law, a private, nonprofit law office serving the legal needs of children and their families. Some of the following may not be official "rights" of children in foster care in North Carolina. For more information go to: <http://www.youthlaw.org/myrights.htm>

Legal proceedings
I have the right:

to attend all court hearings concerning me.

if I am 10 years old or older, to be told in advance of all the hearings in my case.

to be represented in court by a lawyer.

to meet with my lawyer before each court hearing.

to have my lawyer tell the court what I want.

to have a lawyer who will do what is necessary to protect me and my rights.

to call witnesses to testify for me, whether or not I have a lawyer. I can ask the judge to require my witness to come to court.

to go to court and tell the judge what I think about any placement or placement change that is proposed for me.

to confidentiality, but information can be shared with people who need to know about me in order to provide me with care and services.

to meet with my social worker at least once a month.

Family
I have the right:

to have placement with a relative be the first placement to be investigated and considered.

to live in a foster home rather than in a group home.

to live with my brothers and sisters.

to visit with my family.

Foster care placement
I have the right:

to be treated with dignity and respect.

to live in a home that is safe, healthy, and comfortable.

to a reasonable degree of freedom as long as I follow house rules (I cannot be locked up in my room or at home).

to practice my own religion (attend church, temple, mosque, or other religious services).

to participate in plans for my well being and future.

to adequate and nourishing food, shelter, free time, and clothes to wear.

to keep my stuff, including toilet articles, in my own storage space.

to keep the money I earn and save.

to keep the money I receive from a lawsuit if it is in a blocked trust account.

to be free from abuse.

to not be forced to make medication unless prescribed by my doctor and approved by the court.

to confidential telephone calls and unopened letters. Calls and letters to and from my social worker, parents, and attorney may not be restricted.

to a list of my personal rights, and the house rules.

to participate in an Independent Living Skills Program, if I am 16 years old or older.

Filing a complaint
I have the right:

to file a complaint about my care, if I am living in a foster home, group home, or other residential facility. They may not take action against me for filing a complaint.

to file a complaint with my social worker, and the licensing agency if I am living in a licensed facility.

to file a complaint about my placement, care, or services with the State Foster Care Ombudsperson.

Health care
I have the right:

to prompt medical care and treatment for any illness or disability.

to talk to a counselor or therapist if I want or need to.

if I am pregnant, to be in a special program where I can get counseling, medical care, and a place to live.

to get birth control, prenatal care, or an abortion, and, if I am 12 years or older, to get care for a sexually transmitted disease, on my own and confidentially.

if I am 12 years or older, to get care for mental health problems and alcohol or drug use without adult permission.

Education
I have the right:

to go to school and to receive any special help that I need.

to meet with the principal and discuss the situation before I can be suspended.

to a hearing before I can be expelled.

to written notice of the charges against me at least ten days before the hearing on whether I should be expelled.

Source: National Center for Youth Law, A private, nonprofit law office serving the legal needs of children and their families <http://www.youthlaw.org/myrights.htm>. NCYL, e-mail [email protected].

Copyright � 2000 Jordan Institute for Families