WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§49-2-12a, relating to establishing a bill of rights for children in foster
care.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new section,
designated §49-2-12a, to read as follows:
ARTICLE 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND
CARE OF CHILDREN.
§49-2-12a.
Foster child's
bill of rights.
(a) Every child in
foster care has the inherent right to be cherished by a family of his or her
own, either his or her family helped by readily available services and support
to resume his or her care, or an adoptive family or, by plan, a continuing
foster family.
(b)
Every child in foster care has the inherent right to be nurtured by foster
parents who have been selected to meet his or her individual needs, and who are
provided services and support, including specialized education, so that the
child can grow in its ability to enable the child to reach his or her
potential.
(c)
Every child in foster care has the inherent right to receive sensitive,
continuing help in understanding and accepting the reasons for the child's own family's inability
to take care of him or her, and in developing confidence in his or her own self
worth.
(d)
Every child in foster care has the inherent right to receive continuing loving
care and respect as a unique human being.
(e)
Every child in foster care has the inherent right to be a child growing in
trust in self and others.
(f)
Every child in foster care has the inherent right to grow up in freedom and
dignity in a neighborhood of people who accept him or her with understanding,
respect and friendship.
(g)
Every child in foster care has the inherent right to receive help in overcoming
deprivation or whatever distortion in his or her emotional, physical,
intellectual, social and spiritual growth may have resulted from his or her
early experiences.
(h)
Every child in foster care has the inherent right to receive education,
training and career guidance to prepare for a useful and satisfying life.
(i)
Every child in foster care has the inherent right to receive preparation for
citizenship and parenthood through interaction with foster parents and other
adults who are consistent role models.
(j)
Every child in foster care has the inherent right to be represented by an
attorney-at-law in administrative or judicial proceedings with access to fair
hearings and court review of decisions, so that his or her best interests are
safeguarded.
(k)
Every child in foster care has the inherent right to receive a high quality of
child welfare services, including involvement of the natural parents, where
appropriate, and his or her own involvement in major decisions that affect his
or her life.
NOTE: The purpose of this bill is
to establish a bill of rights for children in foster care.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.