07 SB188/AP
Senate
Bill 188
By:
Senators Thompson of the 33rd and Hamrick of the 30th
AS PASSED
AS PASSED
AN
ACT
To
amend Article 14 of Chapter 5 of Title 49 of the Official Code of Georgia
Annotated, relating to the foster parents bill of rights, so as to provide for
findings at the General Assembly; to provide that foster parents who care for
children in the custody of the Department of Human Resources shall have the
right to file a grievance; to provide that the department shall make certain
considerations in developing certain policies; to provide for certain policies;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
14 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating
to the foster parents bill of rights, is amended by revising Code Section
49-5-281, relating to the bill of rights for foster parents, as
follows:
"49-5-281.
(a)
The General Assembly finds that foster parents providing care for children who
are in the custody of the Department of Human Resources play an integral,
indispensable, and vital role in the state´s effort to care for dependent
children displaced from their homes. The General Assembly further finds that it
is in the best interest of Georgia´s child welfare system to acknowledge
foster parents as active and participating members of this system and to support
them through the following bill of rights for foster parents who care for
children in the custody of the Department of Human Resources through direct
approval and placement by the department:
(1)
The right to be treated by the Division of Family and Children Services of the
Department of Human Resources and other partners in the care of abused children
with dignity, respect, and trust as a primary provider of foster care and a
member of the professional team caring for foster children;
(2)
The right not to be discriminated against on the basis of religion, race, color,
creed, gender, marital status, national origin, age, or physical
handicap;
(3)
The right to continue with his or her own family values and beliefs, so long as
the values and beliefs of the foster child and the birth family are not
infringed upon and consideration is given to the special needs of children who
have experienced trauma and separation from their families. This shall include
the right to exercise parental authority within the limits of policies,
procedures, and other directions of the Division of Family and Children Services
and within the limits of the laws of the State of Georgia;
(4)
The right to receive both standardized pre-service training, including training
in Division of Family and Children Services policies and procedures and
appropriate ongoing training, by the Division of Family and Children Services or
the placing agency at appropriate intervals to meet mutually assessed needs of
the child and to improve foster parents´ skills and to apprise foster
parents of any changes in policies and procedures of the Division of Family and
Children Services and any changes in applicable law;
(5)
The right to be apprised of information, laws, and guidelines on the
obligations, responsibilities, and opportunities of foster parenting and to be
kept informed of any changes in laws, policies, and procedures regarding foster
parenting by the Division of Family and Children Services in a timely manner and
at least annually;
(6)
The right to receive timely financial reimbursement according to the agreement
between the foster parents and the Department of Human Resources from funds
appropriated by the General Assembly and to be notified of any costs or expenses
for which the foster parent may be eligible for reimbursement;
(7)
The right to receive information from the Division of Family and Children
Services on how to receive services and reach personnel 24 hours per day, seven
days per week;
(8)
The right prior to the placement of a child to be notified of any issues
relative to the child that may jeopardize the health and safety of the foster
family or the child or alter the manner in which foster care should be
administered;
(9)
The right to discuss information regarding the child prior to placement. The
Division of Family and Children Services will provide such information as it
becomes available as allowable under state and federal laws;
(10)
The right to refuse placement of a child in the foster home or to request, upon
reasonable notice, the removal of a child from the foster home without fear of
reprisal or any adverse affect on being assigned any future foster or adoptive
placements;
(11)
The right to receive any information through the Division of Family and Children
Services regarding the number of times a foster child has been moved and the
reasons therefor; and to receive the names and phone numbers of the previous
foster parents if the previous foster parents have authorized such release and
as allowable under state and federal law;
(12)
The right, at any time during which a child is placed with the foster parent, to
receive from the Division of Family and Children Services any and all additional
pertinent information relevant to the care of the child;
(13)
The right to be provided with a written copy of the individual treatment and
service plan concerning the child in the foster parent´s home and to
discuss such plan with the case manager, as well as reasonable notification of
any changes to that plan;
(14)
The right to participate in the planning of visitation with the child and the
child´s biological family with the foster parents recognizing that
visitation with his or her biological family is important to the
child;
(15)
The right to participate in the case planning and decision-making process with
the Division of Family and Children Services regarding the child as provided in
Code Section 15-11-58;
(16)
The right to provide input concerning the plan of services for the child and to
have that input considered by the department;
(17)
The right to communicate for the purpose of participating in the case of the
foster child with other professionals who work with such child within the
context of the professional team, including, but not limited to, therapists,
physicians, and teachers, as allowable under state and federal law;
(18)
The right to be notified in advance, in writing, by the Division of Family and
Children Services or the court of any hearing or review where the case plan or
permanency of the child is an issue, including periodic reviews held by the
court or by the Judicial Citizen Review Panel, hearings following revocation of
the license of an agency which has permanent custody of a child, permanency
hearings, and motions to extend custody, in accordance with Code Section
15-11-58;
(19)
The right to be considered, where appropriate, as a preferential placement
option when a child who was formerly placed with the foster parents has
reentered the foster care system;
(20)
The right to be considered, where appropriate, as the first choice as a
permanent parent or parents for a child who, after 12 months of placement in the
foster home, is released for adoption or permanent foster care;
(21)
The right to be provided a fair and timely investigation of complaints
concerning the operation of a foster home;
(22)
The right to an explanation of a corrective action plan or policy violation
relating to foster parents; and
(23)
The right, to the extent allowed under state and federal law, to have an
advocate present at all portions of investigations of abuse and neglect at which
an accused foster parent is present. Child abuse and neglect investigations
shall be investigated pursuant to Division of Family and Children Services
policies and procedures, and any removal of a foster child shall be conducted
pursuant to those policies and procedures. The Division of Family and Children
Services will permit volunteers with the Adoptive and Foster Parent Association
of Georgia to be educated concerning the procedures relevant to investigations
of alleged abuse and neglect and the rights of accused foster parents. After
such training, a volunteer will be permitted to serve as an advocate for an
accused foster parent. All communication received by the advocate in this
capacity shall be strictly confidential.
(b)
This bill of rights shall be given full consideration when Division of Family
and Children Services policies regarding foster care and adoptive placement are
developed.
(c)
Foster parents who care for children in the custody of the Department of Human
Resources through direct approval and placement by the department shall have the
right to file a grievance in response to any violation of this article, which
shall be such foster parents´ exclusive administrative remedy for any
violation of this article. The Division of Family and Children Services and the
Office of the Child Advocate for the Protection of Children, along with an
advisory committee comprised in part of representatives from the Adoptive and
Foster Parent Association of Georgia, who provide private placements will
develop a grievance procedure, including a mediation procedure, to be published
in departmental policy manuals and the Foster Parent Handbook no later than July
1, 2005.
(d)
The General Assembly further finds that it is also in the best interest of
Georgia´s child welfare system for the Division of Family and Children
Services of the Department of Human Resources to recognize the bill of rights,
with reasonable modifications made to adapt the provisions as required to make
them applicable to private agencies, by incorporating them into contracts with
private agencies serving children in the custody of the Department of Human
Resources. The Department of Human Resources shall, by contract, require that
providers, with whom it contracts for the placement of children in its custody,
give full consideration to the rights in subsection (a) of this Code section in
developing their policies, practices, and procedures regarding foster care and
adoptive placement. The department shall provide information needed by the
contractors to meet the requirements of this subsection in a timely
manner.
(e)
The Department of Human Resources, in consultation with the representatives of
Georgia Association of Homes and Services for Children and other appropriate
provider associations and the Adoptive and Foster Parent Association of Georgia,
shall develop a grievance procedure for dealing with any grievances their foster
parents have in response to any violation of this article, no later than July 1,
2007. The department shall enforce this provision through policies and
procedures and through its contracts with providers."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.