law16370

Chapter 370

2016 -- H 8207 SUBSTITUTE A
Enacted 07/06/2016

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FOSTER PARENTS' BILL OF RIGHTS

Introduced By: Representatives Naughton, Ajello, Malik, McNamara, and Diaz

Date Introduced: May 12, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-72.10-1 of the General Laws in Chapter 42-72.10 entitled

"Department of Children, Youth and Families - Foster Parents' Bill of Rights" is hereby amended

to read as follows:

42-72.10-1. Policy issues. – Statement of foster parents' rights. -- (a) The Rhode Island

general assembly recognizes the importance of foster parents in the care and nurturing of children

who are in the care and custody of the department of children, youth and families hereinafter

("the department"). In an effort to ensure that foster parents are treated with dignity, respect, and

trust in their work for the department, a statement of foster parents' rights shall be given to every

foster parent at each licensing interval and shall include the following rights: In an effort to

ensure that foster parents are treated with dignity, respect and trust in their work for the

department and/or the department's designated child placing agency, the general assembly hereby

directs the department to promulgate through policy, rule and/or regulations a statement of foster

parents' rights by no later than January 1, 2011. Said policy, rule and/or regulations shall address

at a minimum issues related to the following:

(1) The role of the foster parent within the child welfare team;

(2) Foster parent training;

(3) The timely sharing of available appropriate information on a foster child with the

foster parent, where the information could reasonably be expected to impact the care provided to

the child and/or the health and safety of the child and/or a foster family member;

(4) Confidentiality regarding a foster parent's personal issues as provided by law;

(5) Access to services and supports to address the needs of the children in their care,

including but not limited to, 24-hour emergency and urgent telephone support;

(6) Timely notifications regarding meetings and court dates which pertain to the child's

service planning and the ability to participate in those meetings as appropriate;

(7) Timely financial reimbursement as provided by department policies and procedures;

and

(8) Investigations of alleged licensing violations and/or child abuse in the foster home

and the appeals process for such investigations.

(b) Statement Required. - By no later than March 1, 2011, the department shall provide

all current foster parents a copy of the promulgated statement of foster parents' rights and ensure

that this is provided to all prospective foster parents at the time of their initial foster parent

training or in the case of kinship foster parents at the time of the relative child's placement.

(1) The right to be treated with dignity, respect, and consideration as a member of the

child-welfare-treatment team;

(2) The right to be notified of and be given appropriate education and continuing

education and training to develop and enhance foster-parenting skills;

(3) The right to be informed about ways to contact the department to receive information

and assistance to access supportive services for any child in the foster parent's care;

(4) The right to receive timely financial reimbursement for providing foster-care services;

(5) The right to be notified of any costs or expenses that may be eligible for

reimbursement by the department;

(6) The right to be provided a clear, written explanation of the individual treatment and

service plan concerning the child in the foster parent's home;

(7) The right to receive, at any time during which a child is placed with the foster parent,

additional or necessary information that the department has that may be relevant to the care of

the child;

(8) The right to be notified of scheduled review meetings, permanency-planning

meetings, and special staffing concerning the foster child in order to actively participate in the

case planning and decision-making process regarding the child;

(9) The right to provide input concerning individual treatment and the services plan for

the child and to have that input be given respect and consideration in the same manner as

information presented by any other member of the treatment team;

(10) The right to communicate with other professionals who work with the foster child

within the context of the treatment team, including, but not limited to, therapists, physicians, and

teachers;

(11) The right to be given, in a timely and consistent manner, information, as allowed by

law, regarding the child and the child’s family that is pertinent to the care and needs of the child

and to the development of a permanency plan for the child.

(12) The right to be given reasonable notice of any change in, or addition to, the services

provided to the child pursuant to the child’s individual treatment and service plan;

(13) The right to be given written notice, except in emergency circumstances, of the

following:

(i) Plans to terminate the placement of the child with the foster parent and

(ii) The reasons for the changes or termination of the placement.

(14) The right to be notified by the department of court proceedings, to attend hearings

and reviews, and to present oral or written reports to the court pursuant to §14-1-30.2;

(15) The right to be considered as a preferred-placement option if a foster child who was

formerly placed with the foster parent is to reenter foster care at the same level and type of care;

provided that placement is consistent with the best interest of the child and other children in the

home of the foster parent and, in the case of a child age twelve (12) or older, that child wants to

return to the foster parent;

(16) The right to be provided a fair, timely, and impartial investigation of complaints

concerning the licensing of the foster parent;

(17) The right to be provided the opportunity to request and receive a fair and impartial

hearing regarding decisions that affect licensing retention;

(18) The right to provide or withhold permission, without prior approval of the

caseworker, department, educational advocate, or court, to allow a child in his or her care to

participate in normal childhood activities based on a reasonable- and prudent-parent standard in

accordance with the provisions of Title IV-E of the Social Security Act. The reasonable and

prudent parent standard means the standard of care used in determining whether a foster parent(s)

can allow a child in his or her care to participate in educational field trips, extracurricular,

enrichment, and social activities. This standard is characterized by careful and thoughtful parental

decision-making that is intended to maintain a child's health, safety, and best interest while

encouraging the child's social, emotional, and developmental growth;

(19) The right to have timely access to the appeals process of the department and the right

to be free from acts of harassment and retaliation by any other party when exercising the right to

appeal; and

(20) The right to file a grievance and be informed of the process for filing a grievance.

(b) The department shall be responsible for implementing the provisions of this section.

on the part of any individual, department, or other state agency.

SECTION 2. This act shall take effect upon passage.

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LC005945/SUB A

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