2016 -- H 8207 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FOSTER PARENTS' BILL OF

RIGHTS

     Introduced By: Representatives Naughton, Ajello, Malik, McNamara, and Diaz

     Date Introduced: May 12, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-72.10-1 of the General Laws in Chapter 42-72.10 entitled

"Department of Children, Youth and Families - Foster Parents' Bill of Rights" is hereby amended

to read as follows:

     42-72.10-1. Policy issues. – Statement of foster parents' rights. -- (a) The Rhode Island

general assembly recognizes the importance of foster parents in the care and nurturing of children

who are in the care and custody of the department of children, youth and families hereinafter

("the department"). In an effort to ensure that foster parents' are treated with dignity, respect and

trust in their work for the department, a statement of foster parents' rights shall be given to every

foster parent at each licensing interval and shall include the following rights: In an effort to

ensure that foster parents are treated with dignity, respect and trust in their work for the

department and/or the department's designated child placing agency, the general assembly hereby

directs the department to promulgate through policy, rule and/or regulations a statement of foster

parents' rights by no later than January 1, 2011. Said policy, rule and/or regulations shall address

at a minimum issues related to the following:

      (1) The role of the foster parent within the child welfare team;

      (2) Foster parent training;

      (3) The timely sharing of available appropriate information on a foster child with the

foster parent, where the information could reasonably be expected to impact the care provided to

the child and/or the health and safety of the child and/or a foster family member;

      (4) Confidentiality regarding a foster parent's personal issues as provided by law;

      (5) Access to services and supports to address the needs of the children in their care,

including but not limited to, 24-hour emergency and urgent telephone support;

      (6) Timely notifications regarding meetings and court dates which pertain to the child's

service planning and the ability to participate in those meetings as appropriate;

      (7) Timely financial reimbursement as provided by department policies and procedures;

and

      (8) Investigations of alleged licensing violations and/or child abuse in the foster home

and the appeals process for such investigations.

      (b) Statement Required. - By no later than March 1, 2011, the department shall provide

all current foster parents a copy of the promulgated statement of foster parents' rights and ensure

that this is provided to all prospective foster parents at the time of their initial foster parent

training or in the case of kinship foster parents at the time of the relative child's placement.

     (1) The right to be treated with dignity, respect, and consideration as a member of the

child welfare treatment team;

     (2) The right to be notified of and be given appropriate education and continuing

education and training to develop and enhance foster parenting skills;

     (3) The right to be informed about ways to contact the department to receive information

and assistance to access supportive services for any child in the foster parents’ care;

     (4) The right to receive timely financial reimbursement for providing foster care services;

     (5) The right to be notified of any costs or expenses which may be eligible for

reimbursement by the department;

     (6) The right to be provided a clear, written explanation of the individual treatment and

service plan concerning the child in the foster parent's home;

     (7) The right to receive, at any time during which a child is placed with the foster parent,

additional or necessary information that the department has which may be relevant to the care of

the child;

     (8) The right to be notified of scheduled review meetings, permanency planning

meetings, and special staffing concerning the foster child in order to actively participate in the

case planning and decision-making process regarding the child;

     (9) The right to provide input concerning individual treatment and the services plan for

the child and to have that input be given respect and consideration in the same manner as

information presented by any other member of the treatment team;

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     (10) The right to communicate with other professionals who work with the foster child

within the context of the treatment team including, but not limited to, therapists, physicians and

teachers;

     (11) The right to be given, in a timely and consistent manner, information, as allowed by

law, regarding the child and the child’s family that is pertinent to the care and needs of the child

and to the development of a permanency plan for the child.

     (12) The right to be given reasonable notice of any change in or addition to the services

provided to the child pursuant to the child’s individual treatment and service plan;

     (13) The right to be given written notice, except in emergency circumstances, of the

following:

     (i) Plans to terminate the placement of the child with the foster parent and

     (ii) The reasons for the changes or termination of the placement.

     (14) The right to be notified by the department of court proceedings, to attend hearings

and reviews, and to present oral or written reports to the court pursuant to §14-1-30.2;

     (15) The right to be considered as a preferred placement option if a foster child who was

formerly placed with the foster parent is to reenter foster care at the same level and type of care,

provided that placement is consistent with the best interest of the child and other children in the

home of the foster parent and, in the case of a child age twelve (12) or older, that child wants to

return to the foster parent;

     (16) The right to be provided a fair, timely, and impartial investigation of complaints

concerning the licensing of the foster parent;

     (17) The right to be provided the opportunity to request and receive a fair and impartial

hearing regarding decisions that affect licensing retention;

     (18) The right to provide or withhold permission, without prior approval of the

caseworker, department, educational advocate or court, to allow a child in their care to participate

in normal childhood activities based on a reasonable and prudent parent standard in accordance

with the provisions of Title IV-E of the Social Security Act. The reasonable and prudent parent

standard means the standard of care used in determining whether a foster parent(s) can allow a

child in their care to participate in educational field trips, extracurricular, enrichment, and social

activities. This standard is characterized by careful and thoughtful parental decision-making that

is intended to maintain a child's health, safety, and best interest while encouraging the child's

social, emotional and developmental growth;

     (19) The right to have timely access to the appeals process of the department and the right

to be free from acts of harassment and retaliation by any other party when exercising the right to

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appeal; and

     (20) The right to file a grievance and be informed of the process for filing a grievance.

     (b) The department shall be responsible for implementing the provisions of this section.

     (c) Nothing in this section shall be construed to create a private right of action or claim

on the part of any individual, department, or other state agency.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FOSTER PARENTS' BILL OF

RIGHTS

***

     This act would set forth a formal statement of foster parents' bill of rights, and would

require that copies be given to all foster parents at each licensing interval.

     This act would take effect upon passage.

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