Bill Summary for H 769 (2021-2022)

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Summary date: 

May 3 2021

Bill Information:

View NCGA Bill Details2021
House Bill 769 (Public) Filed Monday, May 3, 2021
AN ACT TO PROVIDE A BILL OF RIGHTS RECOGNIZING THE RIGHTS OF FOSTER PARENTS IN THE STATE OF NORTH CAROLINA.
Intro. by Willis, Stevens, Paré, Winslow.

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Bill summary

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.