Client Self-Determination 

The involuntary nature of the child welfare professional/client relationship often limits options available to clients, but does not eliminate their right to self-determination. Client self-determination refers to the clients’ right to make self-determined choices and to freely act upon those choices without undue influence or coercion. It also refers to the clients’ right to receive information necessary to make a self-determined choice. Child welfare professionals:

• Evaluate the decision-making capacity of clients and reevaluate appropriately as circumstances change. 
• Ensure that clients, whatever their age, have the opportunity to make self-determined choices according to their level of understanding and decision-making capacity 
• Ensure that clients have available information necessary to make self-determined decisions.  
• Ensure that clients have the opportunity to make self-determined choices from among options available free from external coercion.  
• Ensure that psychological constraints to self-determined decision-making are addressed and, if possible, eliminated or reduced. 
• Ensure, if appropriate, that the extended families are involved in the service planning.

Informed Consent 

Informed consent emanates from the principle of client self-determination. When child welfare professionals discuss the nature and possible consequences of the intervention with clients, the clients can make informed decisions. Child welfare professionals have the responsibility to engage in this process with mandated clients who have not chosen to become clients, but who have options to consider and decisions to make within the framework of a mandated intervention.

Inform clients as soon as feasible and in understandable about: 

• Nature of the professional relationship. 
• Nature of professional intervention. 
• Professionals’ delegated authority and limits of that authority.  
• Decisions the clients can make and decisions the child welfare professionals will make. 
• The role of the court, if any, and of their legal and procedural rights. 
• Keep clients informed about case plans throughout the entire intervention. 
• Obtain permission for interventions from legally authorized persons when clients are legally incapable of giving informed consent, e.g., minors or legally incompetent individuals.

Residual Rights of Birth Parents

Birth parents retain some rights when their children are in foster care, if their rights have not been relinquished or terminated by the court. These residual rights constitute the role and responsibilities of birth parents as members of the child welfare team. The parent’s residual rights include: 

• The right and duty to support the children. 
• Reasonable visitation, unless a judge says they cannot. 
• The right to be informed about their children, including where the children are placed. (NOTE: Effective 7/24/98, prior written notice to foster parents is required before disclosing their names, addresses and telephone numbers. (20 ILCS 505/Children and Family Services Act)) 
• The right to determine the children’s religious affiliation, including the right to allow baptism. 
• Participating in making decisions about the children. 
• Consent to the children’s adoption.

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