Showing posts with label Children in foster care; rights. Show all posts
Showing posts with label Children in foster care; rights. Show all posts

Friday, January 11, 2013

Know Your Rights

http://www.childrensrights.org/issues-resources/know-your-rights/

Under the Constitution and under the law, children dependent on child welfare systems have rights — and Children’s Rights is dedicated to protecting them.

Children in foster care and others dependent on public child welfare systems have important legal rights under the United States Constitution and federal and state law, including:

  • The right to be protected from abuse, neglect, or other maltreatment in foster homes, group homes, and other placements. Foster parents and facility staff must be properly monitored and screened. Any alleged maltreatment must be quickly and thoroughly investigated.
  • The right to adequate food, clothing, and shelter.
  • The right to an appropriate, stable placement in the least restrictive situation possible.
  • The right to regular medical and dental care, and any necessary mental health services.
  • The right to needed developmental and educational services.
  • The right to case-planning services and a permanent home consistent with the purposes of your custody.
  • The right not to deteriorate while in state custody.
  • The right not to be discriminated against based on race, religion, or gender.
For more than 15 years, we have been defending these rights.

Since 1995, we have been fighting to enshrine in the law of the land the rights of abused, neglected, and foster/adopted youth — winning landmark victories and bringing about sweeping improvements in the lives of children in more than a dozen states across the nation.

To learn more about our child welfare reform campaigns, please visit www.childrensrights.org/cases.

To get in touch, please visit www.childrensrights.org/contact.

PLEASE NOTE:

Children’s Rights’ campaigns to reform child welfare systems generally are limited to class action or other impact litigation aimed at addressing system-wide problems on behalf of all children dependent on child welfare and foster care systems around the country. Children’s Rights does not handle or provide legal advice concerning individual abuse, neglect, or other family-court proceedings. If you are looking for counsel to represent or advise you in an individual case, please contact your local legal bar association or legal aid/legal services organization or the court for a referral for legal counsel.

IF YOU ARE CONTACTING US TO REPORT CHILD ABUSE OR NEGLECT, PLEASE CALL 911 OR YOUR LOCAL CHILD WELFARE ABUSE OR NEGLECT HOTLINE.

2011 Arizona Revised Statutes Title 8 Children 8-529 Children in foster care; rights

http://law.justia.com/codes/arizona/2011/title8/section8-529/

 

Universal Citation: AZ Rev Stat § 8-529 (1996 through 1st Reg Sess 50th Legis)

8-529. Children in foster care; rights

A. A child in foster care has the following rights:

1. To appropriate care and treatment in the least restrictive setting available that can meet the child's needs according to the best judgment of the foster parent.

2. To live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect.

3. To know why the child is in foster care and what will happen to the child and to the child's family, including siblings, and case plans.

4. Whenever possible, to be placed with a foster family that can accommodate the child's communication needs.

5. To be disciplined in a manner that is appropriate to the child's level of maturity.

6. To attend community, school and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability if transportation is available through a responsible party.

7. To go to school and receive an education that fits the child's age and individual needs.

8. To training in personal care, hygiene and grooming.

9. To clothing that fits comfortably and is adequate to protect the child against natural elements such as rain, snow, wind, cold and sun.

10. To have personal possessions at home that are not offensive to the foster family and to acquire additional possessions within reasonable limits, as planned and discussed with the child's foster parent, placement worker and caseworker, and based on caregiver ability.

11. To personal space, in the foster home preferably, in the child's bedroom for storing clothing and belongings.

12. To healthy foods in healthy portions that are appropriate for the child's age.

13. To comply with any approved visitation plan, and to have any restrictions explained to the child in a manner and level of details deemed age appropriate by the foster parent in agreement with the caseworker and documented in the child's record.

14. If the child is six years of age or older, to receive contact information for the child's caseworker, attorney or advocate and to speak with them in private if necessary.

15. To participate in age appropriate child's service planning and permanency planning meetings and to be given a copy or summary of each service plan and service plan review. The child may request someone to participate on the child's behalf or to support the child in this participation.

16. To attend the child's court hearing and speak to the judge.

17. To have the child's records and personal information kept private and discussed only when it is about the child's care except the foster parent shall have full access to the records to determine if the child will be successful in the home. During the foster placement, if the foster parent requests to view the record upon experiencing problems with the child's adjustment, the full record shall be made available for viewing by the foster parent.

18. To be free of unnecessary or excessive medication.

19. To receive emotional, mental health or chemical dependency treatment separately from adults who are receiving services, as planned and discussed with the child's placement worker and caseworker, as is financially reasonable for the foster parent.

20. To report a violation of personal rights specified in this section without fear of punishment, interference, coercion or retaliation, except that an appropriate level of punishment may be applied if the child is proven to have maliciously or wrongfully accused the foster parent.

21. To be informed in writing of the name, address, telephone number and purpose of the Arizona protection and advocacy system for disability assistance.

22. To understand and have a copy of the rights listed in this section.

B. A child in foster care who is at least sixteen years of age has the following rights:

1. To attend preparation for adult living classes and activities as appropriate to the child's case plan, as is financially reasonable for the foster parent.

2. To a transition plan that includes career planning and assistance with enrolling in an educational or vocational job training program.

3. To be informed of educational opportunities before the child leaves foster care.

4. To assistance in obtaining an independent residency when the child is too old to remain in foster care from the child's caseworker, attorney or advocate.

5. To request a court hearing for a court to determine if the child has the capacity to consent to medical care that is directly related to an illness, disease, deformity or other physical malady.

6. To receive help with obtaining a driver license, social security number, birth certificate or state identification card, except that the foster parent shall have discretion to determine if the child is responsible and mature enough to become a licensed driver.

7. To receive necessary personal information within thirty days after leaving foster care, including the child's birth certificate, immunization records and information contained in the child's education portfolio and health passport.

C. This section does not establish any legally enforceable right or cause of action on behalf of any person.

Disclaimer: These codes may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.