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Foster Parent's Bill of Rights
The following legislation was enacted by the
Tennessee General Assembly in 1997:
An Act to amend Tennessee Code Annotated, Title 37, Chapter 2, Part 4,
relative to foster care and to enact the “Foster Parent Rights Act.”
(a) To the extent not otherwise prohibited by state or federal statute, the
department shall, through promulgation of rules in accordance with the
Uniform Administrative Procedures Act, compiled in title 4, chapter 5, implement each of the following tenets. With respect
to the placement of any foster child with a foster parent, which is
contracted directly with the department of children’s services, pursuant to
this part:
(1) The department shall treat the foster parent(s) with dignity, respect,
trust and
consideration as a primary provider of foster care and a member of the
professional team caring for foster children;
(2) The department shall provide the foster parent(s) with a clear
explanation and
understanding of the role of the department and the role of the members of
the
child’s birth family in a child’s foster care;
(3) The foster parent(s) shall be permitted to continue their own family
values and
routines;
(4) The foster parent(s) shall be provided training and support for the
purpose of
improving skills in providing daily care and meeting the special needs of
the child
in foster care;
(5) Prior to the placement of a child in foster care, the department shall
inform the
foster parent(s) of issues relative to the child that may jeopardize the
health and
safety of the foster family or alter the manner in which foster care should
be
administered;
(6) The department shall provide a means by which the foster parent(s) can
contact
the department twenty-four (24) hours a day, seven (7) days a week for the
purpose of receiving departmental assistance;
(7) The department shall provide the foster parent(s) timely, adequate
financial
reimbursement for the quality and knowledgeable care of a child in foster
care, as
specified in the plan; provided, that the amount of such financial
reimbursement
shall, each year, be subject to and restricted by the level of funding
specifically
allocated for such purpose by the provisions of the general appropriations
act;
(8) The department shall provide clear, written explanation of the plan
concerning the
placement of a child in the foster parent’s home. For emergency placements
where time does not allow prior preparation of such explanation, the
department
shall provide such explanation as it becomes available. This explanation
shall
include, but is not limited to, all information regarding the child’s
contact with
such child’s birth family and cultural heritage, if so outlined;
(9) Prior to placement, the department shall allow the foster parent(s) to
review
written information concerning the child and allow the foster parent(s) to
assist in
determining if such child would be a proper placement for the prospective
foster
family. For emergency placements where time does not allow prior review of
such information, the department shall provide information as it becomes
available;
(10) The department shall permit the foster parent(s) to refuse placement
within their
home, or to request, upon reasonable notice to the department, the removal
of a
child from their home for good reason, without threat of reprisal, unless
otherwise
stipulated by contract or policy;
(11) The department shall inform the foster parent(s) of scheduled meetings
and
staffing, concerning the foster child, and the foster parent(s) shall be
permitted to
actively participate in the case planning and decision-making process
regarding
the child in foster care. This may include individual service planning
meetings,
foster care reviews, and individual educational planning meetings;
(12) The department shall inform a foster parent(s) of decisions made by
the courts or
the child welfare agency concerning the child;
(13) The department shall solicit the input of a foster parent(s)
concerning the plan of
services for the child; this input shall be considered in the department’s
ongoing
development of the plan;
(14) The department shall permit, through written consent, the ability of
the foster
parent(s) to communicate with professionals who work with the foster child,
including any therapists, physicians and teachers that work directly with
the child;
(15) The department shall provide all information regarding the child and
the child’s
family background and health history, in a timely manner to the foster
parent(s)
The foster parent(s) shall receive additional or necessary information,
that is
relevant to the care of the child, on an ongoing basis; provided that
confidential
information received by the foster parents shall be maintained as such by
the
foster parents, except as necessary to promote or protect the health and
welfare of
the child;
(16) The department shall provide timely, written notification of changes
in the case
plan or termination of the placement and the reasons for the changes or
termination of placement to the foster parent(s), except in the instances
of
immediate response for child protective services;
(17) The department shall notify the foster parent(s), in a complete
manner, of all court
hearings. This notification may include, but is not limited to, notice of
the date
and time of the court hearing, the name of the judge or hearing officer
hearing the
case, the location of the hearing, and the court docket number of the case.
Such
notification shall be made upon the department’s receiving of this
information, or
at the same time that notification is issued to birth parents. The foster
parent(s)
shall be permitted to attend such hearings at the discretion of the court;
(18) The department shall provide, upon request by the foster parent(s),
information
regarding the child’s progress after a child leaves foster care.
Information
provided pursuant to this subsection shall only be provided from
information
already in possession of the department at the time of the request;
(19) The department shall provide the foster parent(s) the training for
obtaining
support and information concerning a better understanding of the rights and
responsibilities of the foster parent(s);
(20) The department shall consider the foster parent(s) as the possible
first choice
permanent parents for the child, who after being in the foster parent’s
home for
twelve (12) months, becomes free for adoption or permanent foster care;
(21) The department shall consider the former foster family as a placement
option
when a foster child who was formerly placed with the foster parent(s) is to
be re-entered into foster care;
(22) The department shall permit the foster parent(s) a period of respite,
free from
placement of foster children in the family’s home with follow-up contacts
by the
agency occurring a minimum of every two (2) months. The foster parent(s)
shall
provide reasonable notice, to be determined in the promulgation of rules,
to the
department for respite;
(23) (Effective February 1, 1998) Child abuse/neglect investigations
involving the
foster parent(s) shall be investigated pursuant to the department’s child
protective
services policy and procedures. A child protective services case manager
from
another area shall be assigned investigative responsibility. Removal of a
foster
child will be conducted pursuant to Tennessee Code Annotated and
departmental
policy and procedures. The department shall permit an individual selected
by the
membership of the Tennessee Foster Care Association to be educated
concerning
the procedures relevant to investigations of alleged abuse and neglect by
the
department and the rights of the accused foster parent(s). Upon receiving
such
training, such individual shall be permitted to serve as advocate for the
accused
foster parent(s). Such advocate shall be permitted to be present at all
portions of
investigations where the accused foster parent(s) are present; and all
communication received by such advocate therein shall be strictly
confidential.
Nothing contained within this item shall be construed to abrogate the
provisions
of chapter 1 of this title, regarding procedures for investigations of
child abuse
and neglect and child sexual abuse by the department of children’s services
and law enforcement agencies;
(24) Upon request, the department shall provide the foster parent(s) copies
of all
information relative to their family and services contained in the personal
foster
home record; and
(25) The department shall advise the foster parent(s) of mediation efforts
through
publication in departmental policy manuals and the Foster Parent Handbook.
The
foster parent(s) may file for mediation efforts in response to any
violations of the
preceding tenets.
(b) In promulgation of rules pursuant to subsection (a), the department
shall provide forty-five (45) days written notification of public hearings,
held pursuant to the Uniform Administrative Procedures Act, compiled in
Title 4, chapter 5, to the president of the Tennessee Foster Care Association
and the president’s designee. (Acts 1997, Ch. 549, &&2,3.)
GRIEVANCE PROCEDURES
(1) Complaints and Mediation
(A) Any foster parent who determines that the Department is in violation of
the Foster Parents’ Bill of Rights or otherwise has a complaint should
first discuss their concerns with the Case Manager assigned to the foster
home and attempt to work out an agreement. This step may involve showing
the foster parent the written policy and procedures relative to approval of
a foster home or ongoing casework activities. The Case Manager must respond
to the foster parent’s complaint within three working days.
(B) If the Case Manager and the foster parent cannot reach an
understanding, then the foster parent shall notify the Team Leader and request
assistance from the Team Leader in mediating the conflict between the Case
Manager and the foster parent. The Team Leader must respond to the foster
parent’s complaint and request for assistance within five working days.
(2) Grievances
(A) If the Case Manager and the Team Leader cannot make corrections or
adjustments, the foster parent shall notify the Team Coordinator in writing
of their concerns and request an appointment with the Team Coordinator. A
scheduled meeting between all parties with the Team Coordinator must take
place within 7 working days of the receipt of the foster parent complaint.
The results of this meeting shall be documented in writing within 2 working
days of the meeting; responsibility for the documentation is with the Case
Manager with approval of the Team Leader. The Team Coordinator must then
make a recommendation in writing for corrective action (or no action).
Copies of the Team Coordinator’s decision must be forwarded to all
participants.
(3) Appeals
(A) Within 7 working days of the grievance hearing, the foster parents may
elect to file an appeal with the Regional Administrator of the Department
of Children’s Services. Upon receipt of an appeal, The Regional
Administrator reviews all the information, and either accepts the recommendation
of the Team Coordinator, or, at their discretion, may schedule an
additional interview with the foster parent(s), DCS staff, or other
relevant parties. Copies of the Regional Administrator’s approval or
modification of the Team Coordinator’s recommendation must be forwarded to
all participants.
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