FISCAL
NOTE
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
§49-2-127, relating to
establishing a bill of rights for foster parents.
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 §49-2-127, to read as follows:
ARTICLE 2. STATE
RESPONSIBILITIES FOR CHILDREN.
§49-2-127. Foster Parent's Bill of Rights.
(a) Legislative
Findings -- Foster parents provide a critical service to the State
of West Virginia caring for thousands of foster children every year, allowing the
State of West Virginia substantial financial savings each year through providing
loving homes enabling children to endure the hardship associated with
separation from family, at extremely low cost to the state. These services come with tremendous sacrifice
and selflessness, representing a commitment to make a meaningful difference
during the most important years of a person's lifetime.
(b) The Department of
Health and Human Resources shall ensure that each foster parent has all of the
following rights:
(1) The right to be
treated with dignity, respect, trust, value and consideration as a primary
provider of foster care and a member of the professional team caring for foster
children;
(2) The right to receive
information concerning the rights enumerated in this section;
(3) The right to a
concise written explanation of their role as foster parents in partnership with
children and their families, the department and other providers, the role of
the department and the rights and role of the members of the birth family of a
child in foster care;
(4) The right to
training and support for the purpose of improving skills in providing daily
care and meeting the needs of the child in foster care;
(5) The right to
training, consultation and assistance in evaluating, identifying and accessing
services to meet their needs related to their role as foster care
providers. This includes, but is not
limited to, all foster care policies, the Foster Parent Handbook and a
mediation process;
(6) The right to provide
input to the department in identifying the types of resources and services that
would meet the needs of children currently in their care and of their families,
and advocate for the same without threat of reprisal;
(7) The right to
information concerning behavioral problems, health history, educational status,
cultural and family background and other issues relative to the child which are
known to the department at the time the child is placed in foster care prior to
the child's placement with a foster parent or parents. When the department knows this information
after placement, the department shall make that information available to the
foster parent as soon as practicable;
(8) The right to a
written explanation of the plan concerning the placement of a child in the
foster parent's home. For emergency
placements where time does not allow prior preparation of the explanation, the
department shall provide an explanation within seventy-two hours. Prior to placement, the department shall allow
the foster parent to review a written summary of information concerning the
child including, but not limited to, assessments, evaluations and case plans
and allow the foster parent to assist in determining if the child would be a
proper placement for the prospective foster family. For emergency placements where time does not
allow prior review of the information, the department shall provide the
information within seventy-two hours of placement. Confidential information shall be kept
confidential by the foster parents;
(9) The right to a staff
person representing the department on call twenty-four hours a day seven days a
week for the purpose of aiding the foster parent in receiving departmental
assistance;
(10) The right to fair
and equitable payments from the Department of Health and Human Resources based
on a system of daily board rates and other financial reimbursement as specified
in a plan adopted by the department after consultation with the foster parent,
subject to the availability of funds;
(11) The right to accept
or refuse placement within the home or to request, upon reasonable notice to
the department, the removal of a child from the home for good cause without
threat of reprisal;
(12) The right to
information of scheduled meetings and appointments concerning the foster child
and permission for the foster parent to actively participate in and provide
input to be used in the case planning and decision-making process regarding the
child in foster care including, but not limited to, multidisciplinary team
meetings, foster care reviews, individual educational planning meetings and
medical appointments;
(13) The right to
request that a person or persons serve as volunteer advocate and to be present
at all meetings with the department including, but not limited to,
individualized service planning, administrative hearings, the grievance/mediation
process, the adoption process and the allegation process where the foster
parent is present. All communications
received by the volunteer advocate shall be in strict confidence;
(14) The right to notice
and an opportunity to be heard including timely information concerning all
court hearings. This notification may
include, but is not limited to, notice of the date and time of the court
hearing, the name of the judge or hearing officer assigned to the case, the
guardian ad litem, the location of the hearing and the court docket
number. The notification shall be made
upon receipt of this information by the department. Although not a party to the
case, the foster parent may attend court hearings at the discretion of the
judge;
(15) The right to
communicate with professionals who work with the foster child including, but
not limited to, therapists, physicians and teachers who work directly with the
child;
(16) The right to
communicate with the child's birth family, other foster parents of the child
and prospective and finalized adoptive parents of the child without the threat
of reprisal;
(17) The right to
necessary information on an ongoing basis which is relevant to the care of the
child including timely information on changes in the case plan or termination
of the placement and reasons for the changes or termination of placement to the
foster parent except in the instances of immediate response of child protective
service;
(18) The right to first
consideration as the resource for a child in a foster parent's home who becomes
free for adoption or another planned permanent living arrangement;
(19) The right to a
period of respite upon the request, with reasonable notice, of a foster parent;
(20) The right to
information, in person and in writing, of allegations of maltreatment of
children in the home of the foster parent alleged to have been perpetrated by a
member of the foster parent's household, the process for disposition of these
allegations and any review process for reports of indicated child abuse and
neglect upon receipt of the allegations.
A written notification of any report in which a finding is not indicated
on the county level shall be provided to a foster parent within five days of
the findings;
(21) The right to copies
of all information relative to their family and services contained in the
personal foster home record; and
(22) Except in
emergencies, foster parents shall be given two weeks advance notice and a
written statement of the reasons before a child is removed from their care. When requesting removal of a child from their
home, foster parents shall give two weeks advance notice, consistent with
division policy, to the child's
caseworker except in emergency situations.
Recognizing the critical nature of attachment for children, if a child
reenters the foster care system and is not placed in a relative's home, the child's former foster parents shall be given first
consideration for placement of the child.
NOTE: The purpose of this bill is
to provide a bill of rights for foster parents.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.