210.566. Foster parents' bill of rights.
Foster parents' bill of rights.
210.566. 1. (1) The children's division and its contractors,recognizing that foster parents are not clients but rather are colleaguesin the child welfare team, shall treat foster parents in a mannerconsistent with the National Association of Social Workers' ethicalstandards of conduct as described in its Social Workers' EthicalResponsibilities to Colleagues. Foster parents shall treat the children intheir care, the child's birth family and members of the child welfare teamin a manner consistent with their ethical responsibilities as professionalteam members.
(2) The children's division and its contractors shall provide writtennotification of the rights enumerated in this section at the time ofinitial licensure and at the time of each licensure renewal following theinitial licensure period.
2. (1) The children's division and its contractors shall providefoster parents with regularly scheduled opportunities for preservicetraining, and regularly scheduled opportunities for pertinent inservicetraining, as determined by the Missouri State Foster Care and AdoptionAdvisory Board.
(2) The children's division and its contractors shall provide tofoster parents and potential adoptive parents, prior to placement, allpertinent information, including but not limited to full disclosure of allmedical, psychological, and psychiatric conditions of the child, as well asinformation from previous placements that would indicate that the child orchildren may have a propensity to cause violence to any member of thefoster family home. The foster parents shall be provided with anyinformation regarding the child or the child's family, including but notlimited to the case plan, any family history of mental or physical illness,sexual abuse of the child or sexual abuse perpetrated by the child,criminal background of the child or the child's family, fire-setting orother destructive behavior by the child, substance abuse by the child orchild's family, or any other information which is pertinent to the care andneeds of the child and to protect the foster or adoptive family. Knowinglyproviding false or misleading information to foster parents in order tosecure placement shall be denoted in the caseworker's personnel file andshall be kept on record by the division.
(3) The children's division and its contractors shall arrangepreplacement visits, except in emergencies.
(4) The foster parents may ask questions about the child's case plan,encourage a placement or refuse a placement without reprisal from thecaseworker or agency. After a placement, the children's division and itscontractors shall update the foster parents as new information about thechild is gathered.
(5) Foster parents shall be informed in a timely manner by thechildren's division and its contractors of all team meetings and staffingsconcerning their licensure status or children placed in their homes, andshall be allowed to participate, consistent with section 210.761.
(6) The children's division and its contractors shall establishreasonably accessible respite care for children in foster care for shortperiods of time, jointly determined by foster parents and the child'scaseworker pursuant to section 210.545. Foster parents shall follow allprocedures established by the children's division and its contractors forrequesting and using respite care.
(7) Foster parents shall treat all information received from thechildren's division and its contractors about the child and the child'sfamily as confidential. Information necessary for the medical orpsychiatric care of the child may be provided to the appropriatepractitioners. Foster parents may share information necessary with schoolpersonnel in order to secure a safe and appropriate education for thechild. Additionally, foster parents shall share information they may learnabout the child and the child's family, and concerns that arise in the careof the child, with the caseworker and other members of the child welfareteam. Recognizing that placement changes are difficult for children,foster parents shall seek all necessary information, and participate inpreplacement visits whenever possible, before deciding whether to accept achild for placement.
3. (1) Foster parents shall make decisions about the daily livingconcerns of the child, and shall be permitted to continue the practice oftheir own family values and routines while respecting the child's culturalheritage. All discipline shall be consistent with state laws andregulations. The children's division shall allow foster parents to helpplan visitation between the child and the child's siblings or biologicalfamily. Visitations should be scheduled at a time that meets the needs ofthe child, the biological family members, and the foster family wheneverpossible. Recognizing that visitation with family members is an importantright of children in foster care, foster parents shall be flexible andcooperative with regard to family visits.
(2) Foster parents shall provide care that is respectful of thechild's cultural identity and needs. Recognizing that cultural competencecan be learned, the children's division and their contractors shall providefoster parents with training that specifically addresses cultural needs ofchildren, including but not limited to, information on skin and hair care,information on any specific religious or cultural practices of the child'sbiological family, and referrals to community resources for ongoingeducation and support.
(3) Foster parents shall recognize that the purpose of discipline isto teach and direct the behavior of the child, and ensure that it isadministered in a humane and sensitive manner. Foster parents shall usediscipline methods which are consistent with children's division policy.
4. (1) Consistent with state laws and regulations, the children'sdivision and its contractors shall provide, upon request by the fosterparents, information about a child's progress after the child leaves fostercare.
(2) Except in emergencies, foster parents shall be given two weeksadvance notice and a written statement of the reasons before a child isremoved from their care. When requesting removal of a child from theirhome, foster parents shall give two weeks advance notice, consistent withdivision policy, to the child's caseworker, except in emergency situations.
(3) Recognizing the critical nature of attachment for children, if achild reenters the foster care system and is not placed in a relative home,the child's former foster parents shall be given first consideration forplacement of the child.
(4) If a child becomes free for adoption while in foster care, thechild's foster family shall be given preferential consideration as adoptiveparents consistent with section 453.070, RSMo.
(5) If a foster child becomes free for adoption and the fosterparents desire to adopt the child, they shall inform the caseworker withinsixty days of the caseworker's initial query. If they do not choose topursue adoption, foster parents shall make every effort to support andencourage the child's placement in a permanent home, including but notlimited to providing information on the history and care needs of the childand accommodating transitional visitation.
5. Foster parents shall be informed by the court no later than twoweeks prior to all court hearings pertaining to a child in their care, andinformed of their right to attend and participate, consistent with section211.464, RSMo.
6. The children's division and their contractors shall provide accessto a fair and impartial grievance process to address licensure, casemanagement decisions, and delivery of service issues. Foster parents shallhave timely access to the child placement agency's appeals process, andshall be free from acts of retaliation when exercising the right to appeal.
7. The children's division and their contractors shall providetraining to foster parents on the policies and procedures governing thelicensure of foster homes, the provision of foster care, and the adoptionprocess. Foster parents shall, upon request, be provided with writtendocumentation of the policies of the children's division and theircontractors. Per licensure requirements, foster parents shall comply withthe policies of the child placement agency.
8. For purposes of this section, "foster parent" means a resourcefamily providing care of children in state custody.
(L. 2002 S.B. 923, et al., A.L. 2007 S.B. 25)