Foster parents bill of rights.

2017
STATE OF WYOMING
17LSO-0391
Introduced
1.2

HOUSE BILL

NO.

HB0226

Foster parents bill of rights.

Sponsored by:
Representative(s) Clem and Freeman and Senator(s) Hastert

A BILL

for

AN ACT relating to children; creating the foster parents bill of rights; and providing for an effective date.

Be It Enacted by the Leg
islature of the State of Wyoming:

Section 1
.

W.S. 14
‑
14
‑
101
and 14
‑
14
‑
102

are
created to read:

CHAPTER 14
FOSTER PARENTS BILL OF RIGHTS

14
‑
14
‑
101
.

Short title.

This chapter may be cited as the "foster
parents
bill of rights."

14
‑
14
‑
10
2
.

Foster
parents
bill of rights.

(a)

The legislature finds that foster parents providing care for children who are in the custody of the department of family services play an integral, indispensable and vital role in the state's effort to care for dependent children displaced from their homes. The legislature further finds that it is in the best interest of Wyoming’s child welfare system to acknowledge foster parents as active and participating members of this system and to support them
, to the extent allowed under state and federal law,
through the following bill of rights for foster parents who care for children in the custody of the department of family services through direct approval and placement by the department:

(i)

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

(ii)

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

(iii)

The right to continue with the foster parent's own family va
lues and beliefs, so long as those values and beliefs do not infringe upon the
values and beliefs of the foster child and the birth family and
the foster parent
consider
s
the special needs of children who have experienced trauma and separation from their families. This right shall include the right to exercise parental authority within the limits of policies, procedures and other directions of the department of family services and within the limits of
state and federal law
;

(iv)

The right to receive both standardized preservice training
, including training in department of family services policies and procedures,
and appropriate ongoing training

by the department of family services or
the placing agency at appropriate intervals to meet mutually assessed needs of the
foster
child and to improve foster parent
ing
skills and to apprise foster parents of any changes in policies and procedures of the department of family services and any changes in applicable law;

(v)

The right to be apprised of information, laws and guidelines on the obligations, responsibilities and opportunities of foster parenting and to be kept informed of any changes in laws, policies and procedures regarding foster parenting by the
d
epartment of
f
amily
s
ervices in a timely manner and at least annually;

(vi
)

The
right to receive timely financial reimbursement according to the agreement between the foster parent and the
d
epartment of
f
amily
s
ervices and to be notified of any costs or expenses for which the foster parent may be eligible for reimbursement;

(vii
)

The right to receive information from the
d
epartment of
f
amily
s
ervices on how to receive
services
and reach personnel twenty
‑
four (24)
hours
a
day, seven
(7)
days
a
week;

(viii
)

The right to be notified
before the placement of a child of any issues related
to the child th
at may jeopardize the health or
safety of the foster family or the child or alter the manner in which foster care should be administered;

(ix
)

The right to discuss
with the department of family services
information regarding the child
before
placement
as such information
becomes available;

(x
)

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;

(xi
)

T
he right to receive information
from
the
d
epartment of
f
amily
s
ervices
on
the number of times a foster child has been moved and the reasons therefor and to
receive the names and phone numbers of the previous foster parents if the previous foster parents
have authorized such release
;

(
xii
)

The right to receive
from the department of family services
, at any time during
the
child
's
place
ment
with the foster parent,
any

additional information relevant to the care of the child;

(xiii
)

The right to be provided with a written copy of
a foster child's
individual treatment and service plan
,
to discuss
the
plan with the case manager
and to receive
reasonable notification of any changes to th
e
plan;

(xiv
)

The right to participate in the planning of visitation with the
foster
child and the child's biological family
,
recognizing that visitation with
the child's
biological family is important to the child;

(xv
)

The right to participate in the

case planning and decision
‑
making process

regarding any
foster child
;

(xvi
)

The right to provide input concern
ing a foster child's plan of services
and to have th
e department
of family services

consider
that
input;

(xvii
)

The right to
pa
rticipat
e
in the case of the foster child with other professionals who work with
the
child, including, but not limited to, thera
pists, physicians and teachers
;

(xviii
)

The right to be notified in advance, in writing, by the
d
epartment of
f
amily
s
ervices or the court of any hearing or revie
w, including initial and periodic reviews held by the court
where the case plan or permanency of the child is a
n
issue;

(xix
)

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

(xx
)

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

(xxi)

The right to receive
assist
ance
in dealing with family loss and separation when
a child leaves the foster home;

(xxii
)

The right to be provided a fair and timely investigation of complaints concerning the
foster parent's
operation of
the
foster home;

(xxiii
)

The right to receive an evaluation on the foster parent's performance
;

(xxiv
)

The right to an explanation of a corrective action plan or policy violation relating to
the
foster parent;

(xxv
)

The right to appeal
, in accordance with any applicable appeal procedures, the closing of a
foster home
,
without threat of reprisal;
and

(xxvi
)

The right to have an advocate present at all portions of investigations of abuse and neglect at which an accused foster parent is present.

Section

2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0226