Adoption in Child Time, Inc.

Volume 8 Issue 1 | October, 2006

New Foster Parent Daily Journal Available Now

Start Using It Any Time of the Year

The new national edition of the foster parent journal is available now. The specific dates have been removed from the calendar so that foster parents can begin keeping a journal about their foster child at any time during the year.

Keeping a journal allows foster parents to document what goes on in their household. It is an invaluable record for dealing with agencies, the welfare department, and the courts. The journal can help in preparation for any dealings in which you represent your foster child: for case conferences at your agency; for court hearings; for disputes about incidents related to your foster child.

The journal contains information about how to keep a journal, quarterly forms to provide information to the court, an inside pocket to keep receipts, and an appendix with useful information on discipline, life books, adoption subsidies and many other important issues.

Agencies ordering 250 or more copies can customize the journal to include information on agency policy and training for their foster parents. Agencies ordering 400 or more copies can design their own custom cover as well.

The journal is produced by School Datebooks, which serves schools nationwide. A single copy costs $8.95 plus shipping. Substantial reductions are available for bulk orders. To order call Paul at 1-800-705-7526 or reach him by e-mail at fosterjournal@schooldatebooks.com.

You Have Been Accused of Abuse: Now What?

The best way to prevent charges of abuse and neglect is to anticipate them. Almost every foster parent will face accusations at one time or another. One simple way to prepare is to keep a daily journal and, among other things, carefully document any incidents which may lead to such an accusation.

The problem begins when the foster parent is notified that there is an investigation of abuse or neglect. If the charge is substantiated and the foster parent disputes the finding, he or she should write a letter to the investigator requesting copies of forms 310 and 311 when they are completed. All letters should be sent certified mail with return receipt requested. The foster parents should also write a letter within 30 days to the county office of the Division of Child Services (DCS) appealing the revocation or the failure to renew their foster parent license. This will entitle the foster parents to a hearing at the county office before an administrative law judge. If the foster parent continues to disagree with the decision, he or she has ten days to request an agency review of the administrative law process by the state director. Finally, if the foster parents are still not satisfied with the state director’s resolution, they have 30 days to seek judicial review of an agency action within their local county court system.

Charges of abuse and neglect are criminal and must be taken seriously. The consequences may be far-reaching and involve more than a revocation of the foster parent license. The foster parent would be wise to retain an attorney familiar with foster care and the state policy and laws regarding abuse and neglect.

How Much Do You Know About the Foster Care System? A Quiz

(The data refer to 2003. Statistics about foster care are long delayed.)

1) How many children were in foster care nation-wide on September 30, 2003? a)123,000 b) 523,000 c) 923,000

2) What percentage of the children in foster care was under age six? a) 30% b) 40% c) 50%

3) What percentage of the children was in foster homes, either with relatives or non-relatives? a) 49% b) 59% c) 69%

4) What percentage of the children had been in foster care over five years? a) 16% b) 26% c) 46%

5) What percentage of the children in foster care were white, black and Hispanic? (other ethnicities with small percentages have been excluded) a) 39%white/35%black/17%Hispanic b) 39%black/35%white/17%Hispanic c) 39%black/35%Hispanic/17%white

6) For what percentage of children in foster care was the goal adoption? a) 10% b) 20% c) 30% 7) How many children exited the foster care system during the year ending Sept 30, 2003? a) 181,000 b) 281,000 c) 381,000

8) Of the children who exited the foster care system in 2003, what percentage was adopted? a) 8% b) 18% c) 28%

9) How many children were waiting to be adopted on September 30, 2003? a) 89,000 b) 100,000 c) 119,000

10) What percentage of children waiting to be adopted is age 10 or younger? a) 50% b) 70% c) 90%

Statistics on foster care are collected by the Administration for Children & Families (ACF). States are required to submit data to ACF twice yearly. The annual report is called the AFCARS report. To view more statistics about foster care and adoption go to the AFCARS link listed under “Foster Parent Resources” on our website.

Answers to the quiz are at the end of this newsletter.

Ohio Appellate Court Rules for Foster Parents

In previous newsletters ACT has brought you several court cases in which appeals courts have ruled in favor of foster children remaining with the foster parents over the petition of blood relatives. In most instances the child had been in the foster home for a long period of time and the relatives have had little or no contact with the child. The court has favored stability and continuity over “blood” relationships.

Here is yet another such ruling: The Court of Appeals of Ohio, Tenth Appellate District, Franklin County, affirmed a trial court’s decision that awarded legal custody to foster parents rather than a qualified relative. The court held that the trial court did not abuse its discretion by finding that considerations related to stability and continuity of care were overriding factors, notwithstanding the fact that both parties seeking legal custody appear to be suitable custodians.. Cite: No. O5AP-789. 2006 Ohio 3149; 2006 Ohio App LEXIS 3021 (Oh. App. Ct. June 22, 2006)

What? Me, an Advocate? Here's How to be Effective

Foster parents need to advocate for their children. Medical care, school issues, visitation with the birth parents and when and whether to change the permanency plan to adoption are just a few of the issues on which foster parents need to speak out.

Speaking out need not mean confrontation. Here are nine rules that will help foster parents advocate more effectively for the children in their care.

1. Communicate with your caseworker on a regular, even weekly, basis. Don’t wait for a crisis. A phone call, a mailed journal update, or an email may be sufficient. Build a normal and steady routine of contact.
2. Keep a daily journal. Record school successes and failures, medical concerns and doctor appointments, and positive and negative behavior. Note how visitation with the birth parents went. You may add your own opinions and judgments, but keep these separate from the factual information.
3. Begin all communication on a positive note. Start every face-to-face contact with two positive or complimentary comments. This tried-and-true strategy is used in mediation, labor-management negotiations, and sales, and it can work for you, getting the encounter off to a good start.
4. Use “I” messages. All good communication must be informative. You are an expert on what you think and feel, not what you suspect the other person thinks. Practice using “I” instead of “you” in your discussions. “You” messages often criticize the other party. People are more receptive of what you have to say when you avoid criticizing them.
5. Listen. Keep your mind open and consider what others have to offer. Respect their thinking.
6. Work regularly with the GAL or CASA. Keep them informed along with the caseworker, using the same positive communication techniques.
7. Attend all case conference meetings and court hearings. You alone deal with the child on a daily basis, and you need to be there to present what you know.
8. Speak up. You have the right to call a case conference if you think serious matters need to be discussed. In court in Indiana you have the right and duty to present oral and written evidence directly to the judge. You also have the right to cross-examine other witnesses if you believe they have misrepresented an issue.
9. Always be respectful. Don’t get angry and don’t judge. State your position clearly and give reasons, without attacking someone who may have a different opinion.

Answers to the quiz: 1 b; 2 a; 3c; 4a; 5 a; 6b; 7 b; 8 b; 9c; 10 c.

Adoption in Child Time, Inc., (ACT) is an Indiana not-for-profit corporation that promotes early permanency for foster children, trains attorneys in adoption law and policies, and provides information and attorney referrals to foster parents interested in adoption. Telephone: toll free in Indiana 877-ACT-4KIDS; elsewhere 1-219-866-7869. Web site: adoptioninchildtime.org; e-mail: act4adoption@hotmail.com