BILL OF RIGHTS 

The Foster Parent Bill of Rights became law on July 1, 2004 and outlines 23 rights for DFCS foster parents. The law (O.C.G.A. covers issues such as non-discrimination, distribution and disclosure of information, financial reimbursement, and the right to have input into case planning for children. It includes a provision for advocates who can provide support to foster parents during child protective services investigations or through the grievance process. The Bill of Rights also allows for foster parents to file grievances when they believe that any of these rights have been violated. 

Besides partnering with DFCS and Foster Care Team members, there are two major organizations that provide support to Foster and Adoptive parents in the state of Georgia. The Adoptive and Foster Parent Association of Georgia (AFPAG) and the Georgia Center for Resources and Support provide ongoing training and advocacy to foster and adoptive parents. Their websites provide contact information and a wealth of resources for foster and adoptive parents. (www.AFPAG.net and www.gaadoptionresources.org). 

The Division of Family and Children Services (DFCS) and Child Placing Agencies (CPAs) are expected to comply with mandates contained in the Foster Parent Bill of Rights and Grievance Procedure. Foster parents have the following rights, which are subject to the grievance procedure later addressed in the manual: 

1. The right to be treated by DFCS and other partners in the care of abused children with dignity, respect, and trust as a primary provider of foster care and a member of the professional team caring for children in foster care; 

2. The right not to be discriminated against on the basis of religion, race, color, creed, gender, marital status, national origin, age, or physical handicap; 

3. The right to continue with his/her own family values and beliefs, so long as the values of the child and birth family are not infringed upon and consideration is given to the special needs of children who have experienced trauma and separation from their families. This shall include the right to exercise parental authority within the limits of policies, procedures, and other directions of DFCS and within the limits of the laws of the State ofGeorgia; 

4. The right to receive both standardized pre-service training (including training in DFCS policies and procedures) and appropriate ongoing training (by DFCS or the placing agency) at appropriate intervals to meet mutually assessed needs of the child, to improve fosterparents’ skills, and to apprise foster parents of any changes in policies and procedures of DFCS and any changes in applicable law; 

5. The right to be apprised of information, laws, and guidelines on the obligations, responsibilities, and opportunities of foster parenting, and to be kept informed by DFCS of any changes in laws, policies, and procedures regarding foster parenting in a timely manner and at leastannually;

6. The right to receive timely financial reimbursement according to the agreement between the foster parents and DFCS from funds appropriated by the General Assembly and to be notified of any costs or expenses for which the foster parent may be eligible for reimbursement. Grievances may include the following: 

       a. The County Department with financial responsibility for the child fails to provide reimbursement for the child in care in accordance with established per diemrates. 

      b. The County Department with financial responsibility for the child fails to provide reimbursement for the child in care in accordance with established clothing allowances for initial clothing, annual clothing, and special clothing. 

      c. The County Department with financial responsibility for the child fails to provide reimbursementfor supplemental supervision (approved child care) for working foster parents in accordance with State rates andpolicy. 

     d. The County Department with financial responsibility for the child fails to pay concurrent per diem to foster parents when the absence of the child is planned and purposeful [e.g., visits with a parent or relative, pre-placement visits to another home or facility, hospitalization, admission to other institutions for evaluation, camp, respite, Independent Living Program (ILP) activities, and runaway (provided the foster parent is willing to have the child returned)]. 

7. The right to receive information from DFCS on how to receive services and reach personnel 24 hours per day, seven days per week; 

8. The right, prior to the placement of a child, to be notified of any known issues relative to the child that may jeopardize the health and safety of the foster family or the child or alter the manner in which foster care should be administered; 

9. The right to discuss known information regarding the child prior to placement. DFCS will provide such information as it becomes available as allowable under state and federal laws. Grievance may include if the County Department denies the foster parent reasonable access to non-identifying information from the placement or child protective services record with respect to any child who has been placed in the care of the foster parents or for whom foster care is being sought. 

10. The right to refuse placement of a child in the foster home or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse effect on being assigned any future foster or adoptive placements; 

11. The right to receive any information through DFCS regarding the number of times a fosterchild has been moved, and the reasons therefore, and to receive the names and telephone numbers of the previous foster parents, if the previous foster parents authorized such release and as allowable under state and federal law; 

12. The right, at any time during which a child is placed with the foster parent, to receive from DFCS, any and all additional pertinent information relevant to the care of the child;

13. The right to be provided with a written copy of the individual treatment and service plan concerning the child in the foster parent’s home and to discuss such plan with the case manager, as well as reasonable notification of any changes to thatplan; 

14. The right to participate in the planning of visitation with the child and the child’sbiological family, with the foster parents recognizing that visitation with his/her biological family is important to the child; 

15. The right toparticipate in the case planning and decision-making process with DFCS regarding the child; 

16. The right to provide input concerning the plan of services for the child and to have thatinput considered by the Department; 

17. The right to communicate for the purpose of participating in the case of the child with other professional team members who work with such child within the context of the professional team, including, but not limited to, therapists, physicians, and teachers, as allowable understate and federal law; 

18. The right to be notified in advance, in writing, by DFCS or the court of any hearing or review where the case plan or permanency of the child is an issue, including periodic reviews held by the court or by the Judicial Citizen Review panel, hearings following revocation of the license of an agency which has permanent custody of a child, and permanency hearings; 

19. The right to be considered, where appropriate, as a preferential placement option whena child who was formerly placed with the foster parents has reentered the foster care system; 

20. The right to be considered, where appropriate, as the first choice as a permanent parent or parents for a child who, after 12 months of placement in the foster home, is released for adoption or permanent foster care; 

21. The right to be provided a fair and timely investigation of complaints concerning the operation of a foster home; 

22. The right to an explanation of a corrective action plan or policy violation relating to foster parents; and 

23. The right, to the extent allowed under state and federal law, to have an advocate present at all portions of investigations of abuse and neglect at which an accused foster parent is present. Child abuse and neglect investigations shall be investigated pursuant to DFCS policies and procedures, and any removal of a foster child shall be conducted pursuant to those policies and procedures. DFCS will permit volunteers with the Adoptive and Foster Parent Association of Georgia (AFPAG) to be educated concerning the procedures relevant to investigations of alleged abuse and neglect and the rights of accused foster parents. After such training, a volunteer will be permitted to serve as an advocate for an accused foster parent. All communication received by the advocate in this capacity shall be strictly confidential. 

DFCS shall also consider the following issues as grievable: 

• The local DFCS fails to provide face-to-face contact with the foster parent(s) to discuss the reasons for the involuntary closure of their foster home and to offer support to the foster family as children are placed with other resources. 

• The local DFCS fails to send a letter describing the reasons the home is being closedand notification of the closing date within 10 business days of the face-to-face contact. 

• The local DFCS denies the foster parent assistance with preparing a written request for access to a child’s record and a response to the written request within a 14-calendar-day timeframe as specified in the law, O.C.G.A. §49-5-41(D).