Federal or New York State law does not protect the caretaking relationship between foster parent and child in the same way it protects the birth parent-child relationship.

While foster parents are entrusted with, and are responsible for the child’s care, legal authority for decision-making remains with the state/agency. That is not to say foster parents must obtain consent from the agency for each and every day to day decision, or that foster parents have no legal rights – they do!  The following resources provide information and insight into foster parent rights in New York State.

The Rights of Foster Parents in New York State

*Foster parents have the right to hire an attorney and have them assist the foster parent at court in abuse and neglect, permanency and termination cases. The court is required to provide a free attorney IF the foster parent is indigent and cannot afford an attorney.

*Foster parents have a right to a written 10 day notice, an internal formal conference, a fair hearing and ultimately even a court proceeding to contest an agency decision to remove a child from their home regardless of how long the child has been in the home

•Foster parents have a right to be formally noticed and appear and offer information at all permanency hearings regardless of how long the child has been in the home

•Foster parents have right at a permanency hearing to object to court giving child to a relative on a custody petition that the relative has brought and can request that the court hold a “best interest hearing” to see if the custody to a relative would be in the child’s best interests.

•Foster parents can bring on a TPR matter if the court orders the agency to do so and the agency does not do it within 90 days of being ordered to do so or if the child has been in care 19 months and the agency has not brought a petition

•Foster parents who have had a child in their home for more than 12 months have a right to notice and to be heard in the dispositional aspects of TPRs, freed child reviews or any hearing that affects custody of the child

•Foster parents have a preference under law to be considered first as adoptive parents for any child is in their home as a foster child and who has been in their care for over 12 months when the child is freed

•So far the courts have said that foster parents do not have rights to seek visitation or custody orders of former foster children, but foster parents have continued to challenge this

Foster Parent Bill of Rights

County Foster Parents Bill of Rights Example

We encourage foster/adoptive parent associations throughout New York to work for a Bill of Rights in your county and/or agency. Not only will you have an important accountability document, but in the process you will have educated local decision makers and the community about the challenges and joys of foster parenting, and opened their eyes to the realities of the needs of today’s children and families.

Approved by the Dutchess County Legislature on May 13, 2002, Foster Parents have the right to:

1. Be treated with consideration and respect for personal dignity and privacy.

2. Be included as a valued member of the service team.

3. Receive support services, which assist in the care of the child in their home including an open and timely response from agency personnel.

4. Be informed of all information regarding the child that will impact their home or family life during the care of the foster child.

5. Have input into the permanency plan for the child in their home.

6. Reasonable assurance that the Department of Social Services employees will be sensitive to and mindful of the well being and safety of the foster parents and their families in making placements.

7. Assistance by the appropriate county services in dealing with family loss and separation when a child leaves their home.

8. Be informed of all agency policies and procedures that are related to their roles as a foster caregiver.

9. Receive training that will enhance their skills and ability to cope as foster caregivers.

10. Be informed of how to receive services and reach personnel on a 24-hour day seven days a week basis.

11. Be granted a reasonable plan for relief from the role of foster caregiver.

12. Confidentiality regarding issues that arise in their foster family home to the maximum extent permissible under New York State Law.

13. Not be discriminated against on the basis of religion, race, color, creed, sex, national origins, age, or physical handicap.

14. Receive evaluation and feedback on their role of foster caregiver.

The following examples below may assist you in thinking about issues a foster parent Bill of Rights could address.

Source: NYSCCC conference workshop presentation by Margaret A. Burt, Esq., mburt5@aol.com. Copyright 2009, Reprinted with permission of the author.