Laws You Should Know Before Becoming A Resource Parent

The laws and regulations surrounding foster care can be confusing. The laws vary by state, and some are more stringent than others. California has numerous laws in place for the protection and safety of foster children, and it’s easy to get lost in the legal jargon of all the different codes in place. Here is a simple breakdown of some of the most important laws and regulations for foster care in California. 

Home Requirements

There are certain requirements set in place that prevent unqualified people from becoming resource parents. When it comes to home requirements, the guidelines are fairly simple. According to the state of California, resource parents must be over the age of 18, however, the preferred age for resource parents may vary by county, or even by agency. For the home, it is perfectly acceptable to be a renter as opposed to an owner, and apartments are acceptable, however, no more than two children may share a bedroom and bedrooms may not be shared by children of the opposite sex. Home requirements state that a “common purpose” room should not double as a bedroom, meaning that an unfinished attic, unfinished basement, garage, hallway, storage area, or shed can not be used as bedrooms. The home is expected to be clean, safe, and sanitary at all times.

Each child should have their own bed with a mattress and regularly-laundered linens, and if the room is shared, the beds should be adequately spaced from one another, and each child should have an appropriate closet or drawer space inside of their bedroom. Infants should have appropriate bassinets or cribs. It is acceptable for only infants to share a bedroom with an adult.

Additional steps should be taken for children under 10 years old, who have physical, developmental and/or mental disabilities. As well as steps to ensure extra safety in homes with hazards like pools, fireplaces, and other dangerous features. Smoke detectors and/or sprinklers should be present in the home and potentially dangerous items such as weapons, ammunition, and medicines must be properly stored.

The Rights of Children in Foster Care

Children in foster care have a Bill of Rights that protects them from potentially being hurt or put in danger while under the care of someone else.. The Foster Care Bill of Rights varies by state. California enacted its version of this bill in 2001, while also requiring care providers to give each school-age child an age-appropriate explanation of their rights. The rights of foster children in California are as follows:

1. To live in a safe, healthy, and comfortable home where he or she is treated with respect.
2. To be free from physical, sexual, emotional, and other abuse, or corporal punishment.
3. To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
4. To receive medical, dental, vision, and mental health services.
5. To be free of the administration of medication or chemical substances, unless authorized by a physician.
6. To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates, and supporters, court-appointed special advocates (casa), and probation officers.
7. To visit and contact brothers and sisters, unless prohibited by court order.
8. To contact the community care licensing division of the state department of social services or the state foster care ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
9. To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
10. To attend religious services and activities of his or her choice.
11. To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan.
12. To not be locked in any room, building, or facility premises, unless placed in a community treatment facility.
13. To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level.
14. To work and develop job skills at an age-appropriate level that is consistent with state law.
15. To have social contacts with people outside of the foster care system, such as teachers, church members, mentors, and friends.
16. To attend independent living program classes and activities if he or she meets age requirements.
17. To attend court hearings and speak to the judge.
18. To have storage space for private use.
19. To review his or her own case plan if he or she is over 12 years of age and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
20. To be free from unreasonable searches of personal belongings.
21. To confidentiality of all juvenile court records consistent with existing law.
22. To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
23. At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.

Don’t let all of the laws surrounding resource parenting scare you! Remember that these regulations are set in place not to make the process more difficult for you, but to ensure every child’s comfort, safety, and happiness. If you find your home to fit the description for what a resource home should be like that, you may want to consider becoming a resource parent! 

Sources

https://www.ncsl.org/research/human-services/foster-care-bill-of-rights.aspx

https://adoptionlawgroup.com/home-requirements-for-would-be-foster-parents-in-california/

https://www.ncsl.org/research/human-services/foster-care-bill-of-rights.aspx