Adoption in Child Time, Inc.

Foster parenting involves more than providing food and shelter for a child in wardship. Advocating for the foster child is one of the rights and duties of a foster parent. The foster parent is responsible for the child 24/7, and in that circumstance, often knows the child’s current situation better than anyone else. Indiana law gives foster parents certain rights which allow them to be effective advocates.

Suppose, for example, you object to certain portions of the case plan. You may disagree with the visitation agreement or with requirements for counseling or for placement in special education classes. You may disagree with the decision to remove the child from your home for reasons other than substantiated abuse. You believe that what has been proposed is not in the child’s best interests. Must you simply stand by and accept what the plan says? As a team member, a professional and trained parent, and an advocate for the child in your care, you have the duty to make your voice heard. The following rights assist you in fulfilling that duty.

1. The right to call a case conference. (DFC Directive 97-12)

Foster parents are to be involved in decisions about placement of their foster children and about developing or changing the case plan. The foster parents’ voice must be heard. Should a caseworker plan to remove a child from the foster home for reasons other than substantiated abuse, and the foster parent disagrees, the foster parent may call for a case conference. The child may not be removed while the disagreement is pending. The DCS must call the case conference within ten days.

The case conference should include the caseworker, the foster parents, the birth parents, the CASA, and the child if appropriate. Additional persons of import (teachers, counselors, et al) may also be invited. Every effort should be made to achieve agreement.

If the case conference cannot reach agreement, the foster parent may appeal to the County Director. If the foster parent still disagrees, a further appeal may utilize the “Communications Enhancement Procedure” in an appeal to the Regional Director.

2. The right to hire an attorney.

Foster parents may seek the services of an attorney to represent their position at case conferences and in court.

3. The right to notification of all periodic case reviews. (PL 133-2000)

Ten (10) days before the periodic case review, including a case review that is a permanency hearing, the county office of family and children shall provide notice of the hearing to the child’s foster parent by the same process prescribed under Indiana Trial Rule 4.1. The county office of family and children shall present proof to the court that the notice was served.

The proof must consist of signed verification that the foster parent has been notified at least one week before the hearing. If proof of service is not provided, the hearing will be cancelled, and continued to a time when the foster parents can be present.

4. The right to submit a written statement directly to the court. (PL 133-2000)

The foster parent may submit his or her daily journal about the child’s progress, or any other documentation or statement directly to the judge. This might include the identification of persons, such as relatives, teachers, therapists, and others who know the child and whom the court might wish to hear before making a life-shaping decision.

Such written material will be made a part of the court record, provided that a copy has been given to the other parties in the proceeding.

5. The right to present oral testimony in court. (PL 152-2003)

In addition to presenting a written statement, the foster parent(s) may also address the court as a witness to testify about the child’s well-being and what the foster parent perceives to be in the child’s best interests.

6. The right to cross-examine all witnesses at the hearing. (PL 152-2003)

The foster parents have the right to cross examine any witnesses at the review or permanency hearings. This would include the caseworker, therapist, teachers, anyone who gives testimony. Probably, the foster parents would wish to be represented by an attorney who would perform the cross examinations.

7. The right to request intervention as a legal party.

In addition to the above rights, legal party status would give foster parents the right to file motions. Foster parents have always had the right to request party status. The judge may grant such standing if he or she deems it to be in the child’s best interests. Judges in Indiana have granted party status in many cases.

Conclusions

These rights are not about new privileges for foster parents. Rather, they represent the opportunity for foster parents to fulfill one of their important duties: to act as advocate for the children in their care. The best interests of the child require that foster parents have the opportunity to tell the court fully what they know and what they are willing to provide, before the court decides the child’s entire future.