46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO FOSTER PARENTS; ENACTING THE FOSTER PARENTS BILL OF RIGHTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. FOSTER PARENTS BILL OF RIGHTS.--Foster parents have the following rights:

A. the right to be treated with dignity, respect and consideration as a professional member of the child welfare team;

B. the right to be notified of scheduled meetings concerning the foster child in order to actively participate in the case planning and decision-making process regarding the child, including individual service planning meetings, administrative case reviews, interdisciplinary staffings and individual educational planning meetings. Foster parents should be encouraged to attend;

C. the right to provide input concerning the plan of services for the child and to have that input given full consideration in the same manner as information presented by any other professional on the team;

D. the right to communicate with other professionals who work with the foster child within the context of the team, including therapists, physicians and teachers;

E. the right to receive adequate prior written notice and invitation to all court hearings regarding foster children in their care;

F. the right to submit factually based written reports to judges presiding over the foster child's case. The report should be brief and concise and include information regarding educational, medical and behavioral information of the child. A copy of the report should be distributed to all attorneys, social workers and interested parties to the case;

G. the right to receive full disclosure of all known behavioral, medical and psychological issues of foster children placed in their home. The safety of the foster family should not be put at risk due to undisclosed behaviors;

H. the right to receive a written copy of the treatment plan and any subsequent amendments on a timely basis;

I. the right to be informed of and receive all available support services for children in care in their home;

J. the right to be considered as a primary placement option when a child formerly in their foster home reenters the foster care system. This replacement should be consistent with the best interests of the child and other children in the foster home;

K. the right to be given reasonable prior written notice of:

(1) any change in a child's treatment plan;

(2) any plan to terminate the placement of the child with the foster family; and

(3) the reasons for the change or termination

of placement.

The written notice shall be waived only in the case of court order or when the child is determined to be at imminent risk or harm;

L. the right to receive timely financial reimbursement commensurate with the care needs of the child as specified in the treatment plan;

M. the right to obtain a substitute care placement agreement at the time that children are placed in their home;

N. the right to receive the full reimbursement amount as specified in the substitute care placement agreement. In instances of short pays, the foster parent has the right to be paid the full difference in a timely manner. The foster parent has the reciprocal obligation to return overpays to the state;

O. the right to be given standardized pre-service training and appropriate ongoing training to enhance their skills as foster care providers;

P. the right to be informed of all agency policies and procedures related to their role as foster parents;

Q. the right to confidentiality regarding issues that arise in foster family homes;

R. the right to be provided a fair, timely and impartial investigation concerning any referral made on the foster family;

S. the right to be provided a fair, timely and impartial investigation concerning complaints filed against them as foster parents;

T. the right to have timely access to the child placement agency's existing appeals process, and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal;

U. the right to have emergency access to agency personnel on a twenty-four-hour, seven-day-a-week basis;

V. the right to assistance in dealing with loss and separation when a foster child leaves their home; and

W. the right to not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age, marital status or physical handicap.