Bill Summaries: H769 FOSTER PARENTS' BILL OF RIGHTS.

Tracking:
  • Summary date: Sep 13 2021 - More information

    AN ACT TO PROVIDE A BILL OF RIGHTS RECOGNIZING THE RIGHTS OF FOSTER PARENTS IN THE STATE OF NORTH CAROLINA. SL 2021-144. Enacted Sept. 10, 2021. Effective Sept. 10, 2021.


  • Summary date: Aug 24 2021 - More information

    Senate committee substitute amends the 3rd edition as follows. 

    Revises proposed GS 131D-10.9C, which identifies rights that the State supports and promotes for foster parents in the provision of foster care. Regarding the second right enumerated for foster parents to receive information about responsibilities and access to support services, now includes the right to additional or necessary information that the county department of social services (DSS) has that may be relevant to the care of the child when the child is placed with the foster parents (previously, provided for receipt at any time during which a child is placed with the foster parents). Eliminates duplicative rights stated in previous (b)(2)f.; maintains the rights as stated in previous (b)(7), concerning the right of foster parents to have input in court and be included as a valued member of the child's team. Makes a clarifying change to provide for the right to be allowed reasonable opportunities to be consulted with and considered (was, the right to reasonable opportunities to be consulted with and considered) in the scheduling of home visits, therapies, and other meetings related to the child that the foster or resource parents are allowed or required to attend.


  • Summary date: Jun 16 2021 - More information

    Senate committee substitute amends the 2nd edition as follows. Revises proposed GS 131D-10.9C, which explicitly recognizes that foster parents have the 14 identified rights. Revises the statute's stated findings to refer to children removed from their parents or legal guardians rather than children placed in the custody of of a county department of social services. Now characterizes the previously identified rights as those that the State supports and promotes for foster parents in the provision of foster care, rather than explicitly recognizing the enumerated rights of foster parents.

    Revises the rights stated as follows. Adds a statutory reference to the first right regarding foster parents honoring children placed in their homes. Regarding the second right to receive information about responsibilities and access to support services, now includes the right to have input in court and be included as a valued member of the child's team, including 15 days' notice of periodic reviews of a child's juvenile case and the provision of input during periodic reviews of any relevant information, as specified; replaces the right to active participation in the decision-making process regarding the child. Adds the right to receive timely information pertinent to the day-to-day care of the child, including educational and health needs; replaces the right to receive information regarding the professionals working with the child, including any physicians, therapists, teachers, and other school personnel. Adds the right to provide input to, advocate for, and seek out support from the supervising agency without fear of reprisal, including the right to request respite as needed or to request a break between placements; replaces the right to provide input to and seek out support from the Division of Social Services. Replaces the twelfth right, now providing for the right to use the reasonable and prudent parent standard, as characterized, in determining whether a foster parent can allow a child in the foster parent's care to participate in educational field trips and extracurricular, enrichment, and social activities (was, the right to provide or withhold permission from, without prior approval of the county department of social services, guardian ad litem, or court, the child in the foster parents' care to participate in normal childhood activities based on a reasonable and prudent parent standard in accordance with the provisions of Title IV-E of the Social Security Act, as the standard was defined and characterized).


  • Summary date: May 11 2021 - More information

    House committee substitute amends the 1st edition as follows. 

    Revises proposed GS 131D-10.9C, which explicitly recognizes that foster parents have the 14 identified rights. Now includes the right of the foster parent to serve as a respected member of the child welfare team and requires foster parents to honor children placed in their home (no longer qualifying that the foster parents' right applies regardless of religion, race, color, creed, gender, gender identity, marital status, national origin, age, physical handicap, or sexual orientation, and that the duty to honor children placed in the home includes respecting the child's respecting their values, confidentiality, culture, religion, and sexual orientation and gender identity).


  • Summary date: May 3 2021 - More information

    Enacts new GS 131D-10.9C, providing as follows. Sets out NCGA findings. Provides that the State recognizes that foster parents have the following rights: (1) to serve as a respected member of the child welfare team, regardless of religion, race, color, creed, gender, gender identity, marital status, national origin, age, physical handicap, or sexual orientation and requires foster parents to honor children placed in their homes by respecting their values, confidentiality, culture, religion, and sexual orientation and gender identity; (2) to receive information about the responsibilities of foster parents and access to support services, including the 10 specified items; (3) be notified of any costs or expenses that may be eligible for reimbursement; (4) have timely allocation of resources, including submission of child care vouchers and a monthly stipend that meets or exceeds the rate established by the Division of Social Services; (5) receive notice of hearings regarding the child placed in the foster home and to be heard in court; (6) receive information regarding the professionals working with the child; (7) have input in court and be included as a valued member of the child's team, including the right to be informed by the Clerk of Court of periodic reviews of the juvenile case of a child in foster care at least 15 days before each review, and the right to provide input during periodic reviews of any information that may be relevant to a child's best interests so that the court may use that information in forming its opinion on the case; (8) provide input to and seek out support from the Division of Social Services, including the right to request respite as needed or to request a break between placements; (9) reasonable opportunities to be consulted with and considered in the scheduling of home visits, therapies, and other meetings related to the child that the foster or resource parents are allowed or required to attend; (10) request a change in licensing workers; (11) be considered as prospective adoptive placement after a termination of parental rights hearing or relinquishment; (12) provide or withhold permission from, without prior approval of the county department of social services, guardian ad litem, or court, the child in the foster parents' care to participate in normal childhood activities based on a reasonable and prudent parent standard in accordance with the provisions of Title IV-E of the Social Security Act; (13) request a shared parenting agreement that includes clear expectations and appropriate boundaries for all parties; and (14) request contact information be kept confidential by the supervising agency when safety concerns are present. Specifies that violations do not create a cause of action against the State, the Department of Health and Human Services, private supervising agencies, local county departments of social services, or an entity providing foster care pursuant to this Article. Provides that this Bill of Rights does not override existing law or administrative rule.


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