An Act establishing a bill of rights for children in foster care
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 107) of Joanne M. Comerford and Nick Collins for legislation to establish a bill of rights for children in foster care. Children, Families and Persons with Disabilities.
This bill codifies the rights of children in foster care in state law and requires that the Department of Children and Families (DCF) provide foster children, their attorneys, and their caregivers with a simplified, centralized resource outlining their rights. DCF must explain these rights to children when the child enters the department’s care, post them in public spaces, and ensure the rights are translated into children and their families’ spoken languages. The rights enumerated in the bill are rights of DCF and are not an exhaustive list. DCF is required to submit an annual report to the Legislature on the number and types of complaints received pursuant to the bill of rights.
The bill states that foster children have the following rights:
(1) Safety and security, including the right to be treated with respect and be free from discrimination; access to food, clothing, personal care products and culturally and religiously appropriate items; placement in a safe and nurturing environment; access to personal possessions, personal space and privacy; and whenever possible, access to age-appropriate information about a foster family or program before being placed and advance notice of any placement changes.
(2) Connections to family, community and identity, including the right to know, understand, learn about and develop their identities; maintain their spoken languages; be placed according to the child’s gender identity; have parents, relatives or known adults prioritized as placement providers; have DCF first consider placements with siblings or half-siblings; family time and parental contact consistent with the developmental needs of the child; and be treated as a family member in a foster family.
(3) Health care and accessibility, including the right to access timely and appropriate medical, reproductive, dental, vision, mental and behavioral health services; discuss any concerns the child has related to medication; and out-of-home placements that are accessible for a child with a disability.
(4) Education, employment and social connections, including the right to attend school regularly, educational stability, educational supports and an education that fits the child’s needs; the stay in the child’s school of origin unless doing so would not be in the child’s best interest; participate in age-appropriate activities; achieve developmentally-appropriate milestones, including obtaining a driver’s license, opening a bank account, birthday celebrations or graduations; be informed of any educational, vocational or employment supports and services offered through the department; and age-appropriate education through DCF on financial preparedness, job readiness, appropriate use of social media, education options, healthy relationships and sexual and reproductive health.
(5) Resources and supports, including access to a caseworker and 24/7 access to an emergency number; participate in the development and review of the service and visitation plans, with children age 14 or older receiving the plan for signature; an explanation of all documents they are asked to sign by the department and the reasons why the child is in the department’s care; participate in foster care review meetings, permanency meetings and lead agency team meetings, if the child is 14 or older; be notified of court dates and understand rights related to speaking in court; developmentally-appropriate access to medical, dental and educational records and any personal documents held by DCF, including the right to obtain the records and documents upon leaving DCF; an attorney and meaningful contact with said attorney; notice of clothing, birthday and holiday payments made to foster parents and placement providers; and be informed if the department applies for or holds any benefits on their behalf.
(6) Transition age youth, including the right to begin planning for the transition from foster care to adulthood starting at age 14 and to have a transition plan; continue in care from ages 18-23, pursuant to federal requirements; leave and enter care after turning 18 for any reason; to be informed of all appropriate housing resources available after leaving care; and not to be made homeless upon turning 18 and leaving care.
(7) Remedies, including the right to have these rights enforced and to not be retaliated against for asserting their rights; and contact information for DCF’s ombudsperson and the Office of the Child Advocate (OCA) and the ability to file a complaint.
* The bill summary was created by the Primary Sponsor of the bill; no committee of the General Court certifies the accuracy of its contents.
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