Do Foster Caregivers Have A Legal Relationship or Responsibility for Children Foster Care?

No. DCFS is legally responsible for all children while they are in foster care. The extent of DCFS’ legal authority depends on what the court has ordered. If a caregiver adopts a child or becomes a child’s legal guardian when the child leaves foster care, then the caregiver assumes legal responsibility for the child as the adoptive parent or guardian. See Section 7.

Do Foster Caregivers Have to Use the Child’s Legal Name?

Yes. The name that appears on the child’s birth certificate is the name to be used for school and all other legal purposes, such as bank accounts and medical records. If you have questions about the child’s legal name, ask the caseworker.

What Happens if a Caregiver is Sued?

If caregivers are sued as a result of their activities as a foster caregiver, they may ask that the Illinois Attorney General represent them in court. To request legal representation, foster parents should ask the child’s caseworker to forward their request. The caseworker will forward a written request to the Regional DCFS Counsel within three working days. The DCFS Regional Counsel will then consult with his or her supervisor before forwarding the request to the Attorney General. Legal representation in lawsuits against an individual for matters unrelated to foster parenting is the responsibility of the individual. Legal representation by the Attorney General is not guaranteed.

What Can Foster Caregivers Sign on Behalf of Their Foster Children? 

Foster caregivers make dozens of daily decisions related to the care, safety and well-being of the children placed with them. They are asked to sign field trip slips and to give permission to go to slumber parties. However, these routine, day-to-day parenting decisions are different from giving consent. The term consent involves signing a formal, legally binding document, after an informed, deliberative process. Caregivers do not have the authority to give consent on behalf of foster children. The DCFS guardian or designee and the child’s birth parents (depending on the authority given by the Juvenile Court and/or the nature of the consent) can be consenting parties.

Still, in the foster care role, there will be many instances when an adult signature is requested for an activity or a service. The charts included on pages 17-19 designate instances when they can make a decision or approve participation and when a foster caregiver must ask the caseworker to request approval or consent from the DCFS Guardian’s office.

What if a child is arrested for a crime?

When a child who is under state care is arrested or charged for an alleged crime, the case will not be handled by the Child Protection Division of the Court, which deals with matters of child abuse and neglect. Instead, this matter would be handled by the Juvenile Justice Division or Criminal Division, depending on the age of the child and the charge.

If a youth is brought in for questioning or arrested in a criminal or juvenile justice matter, the foster caregiver should notify the caseworker immediately. Give as much information to the caseworker about the circumstances of the questioning or arrest, such as where the youth is being held, the alleged charge and any pending court dates.

Caregivers may choose to be a source of support for the youth during the proceedings. For example, you may decide to attend court hearings or restorative justice proceedings, make visits if he or she is held in custody or even post bond on behalf of the child. However, since foster parents are not legal guardians, they have no obligation to participate in any proceeding. Therefore, it is important that the caseworker be kept apprised of all developments. The caseworker will contact the DCFS Office of Legal Services or the DCFS Guardian’s office, as appropriate.