March 7, 2013, Introduced by Reps. Slavens, Hovey-Wright, Knezek and Kosowski and referred to the Committee on Families, Children, and Seniors.
A bill to create the foster care parents bill of rights; to
ensure that foster care parents have certain rights; and to
establish the rights and responsibilities of certain state
departments and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"foster care parents bill of rights act".
Sec. 2. As used in this act:
(a) "Case service plan" means that term as defined in section
13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712a.13a.
(b) "Child placing agency" means that term as defined in
section 1 of 1973 PA 116, MCL 722.111.
(c) "Department" means the department of human services.
(d) "Foster care" means a child's placement outside the
child's parental home by and under the supervision of a child
placing agency, the court, the department, or the department of
community health.
(e) "Supervising agency" means the department if a child is
placed in the department's care for foster care, or a child placing
agency in whose care a child is placed for foster care.
Sec. 3. The department shall ensure that each foster parent
has all of the following rights:
(a) The right to be treated with dignity, respect, trust, and
consideration as a foster parent caring for the foster child.
(b) The right to be free from discrimination based on
religion, race, color, creed, gender orientation, national origin,
age, marital status, or physical handicap in matters concerning
licensing foster care parents or placing children in foster care.
(c) The right to receive explanation and clarification
regarding expectations and roles of the supervising agency, the
foster parents, and any other person providing services or
resources to a foster child or foster family, and to receive
evaluation and feedback on the role of foster care parent.
(d) The right to receive the necessary training and support to
enable the foster parent to provide quality services to the
children in his or her care, including reasonable relief and
respite as allowed by supervising agency resources, access to
supervising agency staff for assistance dealing with family loss
and separation when a child leaves the foster parent's home, and
access to available advocacy services to help support the foster
parent in his or her role as caregiver.
(e) The right of access to the appropriate supervising agency
24 hours a day, 7 days a week, for emergency information and
assistance for children in the foster parent's care.
(f) The right to receive timely financial reimbursement for
foster children in the foster parent's care.
(g) The right to receive information concerning the
supervising agency's policies and procedures, changes to those
policies or procedures related to the role as a foster parent or
the children in the foster parent's care, or information contained
in the foster parent's record, as allowed by law.
(h) The right to policies developed by the supervising agency
that are designed to support and aid foster, kinship, and adoptive
families relative to foster care and adoptive placement.
(i) The right to a fair, timely, and impartial investigation
of complaints concerning the foster parent's licensure, the right
to have a person of the foster parent's choosing present during an
investigation, and due process during an investigation.
(j) The right to request and receive mediation or an
administrative review of decisions affecting licensing, or to have
both mediation and administrative review.
(k) The right to have decisions concerning a licensing
corrective action plan specifically tied to the licensing standard
violated.
(l) The right to copies of all information relative to the
foster family and services contained in the personal foster home
records.
(m) The right to receive information about, and have access
to, local and statewide support groups, including local and
statewide foster, kinship, and adoptive parent associations.
(n) The right to be notified in advance whenever possible
about plans for placing a child with the foster parent.
(o) The right to receive information before placement of the
child, regarding the child's behavior, background, health history,
or other issues relative to the child that may jeopardize the
health and safety of the foster family or alter the manner in which
foster care should be provided. In an emergency situation, the
supervising agency shall provide information as soon as it is
available.
(p) The right to refuse placement of a child into the foster
home or to request, upon reasonable notice, the removal of a child
from the foster home without fear of reprisal or adverse effect on
assignments of future foster children or adoptive placements.
(q) The right to receive information through the supervising
agency regarding the number of times a foster child has been moved,
the reason for the move, and names and telephone numbers of
previous foster parents, if the previous parent has authorized
release of that information.
(r) The right to be given advance notice of a child's removal
in order to prepare the child and foster family, except in an
emergency situation where there is evidence of mistreatment.
(s) The right to be notified of meetings and staffing
concerning the foster child to enable the foster parent to be an
active and respected participant in the case planning and decision-
making process regarding the child, including, but not limited to,
all of the following:
(i) Individual service planning meetings.
(ii) Administrative case reviews.
(iii) Interdisciplinary staffing.
(iv) Individual education planning meetings.
(t) The right to participate in any meeting described under
subdivision (s), to be informed of decisions made by the court or
supervising agency concerning the child, to provide input
concerning the service plan for the child, and to have that input
given full consideration in the same manner as information from
professionals working with the foster child, including therapists,
physicians, and teachers.
(u) The right to receive a copy of the supervising agency's
placement information and case service plan concerning the child's
care in the foster home and to participate in and receive case
service plan revisions as well as any other information relevant to
the child's care, including subsequent revisions to the case
service plan in a timely manner. Foster parents are to be
meaningful participants in the development or revision, or both, of
the case service plan for the foster child in their home. Case
service plans must be provided within 10 days after a foster
parent's written request.
(v) The right to be given timely and complete written notice
of all court proceedings, including notice of the hearing date,
time, and location, the name of the judge or hearing officer
assigned to the case, and the court docket number as well as the
right to full participation in court hearings.
(w) The right to submit factual written statements to the
court as provided by law, as well as the right to be heard at court
hearings regarding the foster child in the forest parent's care.
(x) The right to be considered as a foster care option when a
child formerly placed with the foster parent is reentering foster
care and the right to be considered when a child previously placed
in the foster parent's home becomes available for adoption, if
relative placement is not available and the placement is consistent
with the best interest of the child and other children in the
foster parent's home.