If you’re among the foster parents feeling powerless in the legal realm of complexity and ambiguity, read this article about a foster parent’s rights by Grace Lorimor. I’d venture to say that you are more significant than you think.

The Rights Due to Foster Parents

Grace Lorimor

Foster care has evolved over the past several decades. The purpose of foster care, the use of it, and even how it is administered is different. Today, there are 6,000 children in the foster care system in the state of Alabama alone, according to the Alabama Department of Human Resources website. This means that 6,000 children, their foster families, and their biological families, are all affected by this system daily. Because of this, it is vitally important to understand how the system works and the rights foster parents have.

Decades ago, Seth A. Grob, JD wrote an article, “Out of the Shadows and Into the Courtroom,” which laid out foster parents’ legal rights. Today, these rights are complex and misunderstood because there is not a lot of information on them. Even with the complexity, Seth A. Grob’s words are still insightful in laying out the rights that foster parents’ have. While each state is different, he sets a foundation on what is required federally through The Adoption and Safe Families Act of 1997.

In Alabama, foster parents have more rights than the courts initially lead us to believe. It requires the knowledge and understanding of these rights to be able to move forward and do what is in the best interest of the child.

These rights could ultimately include, notice and opportunity to be heard, intervention, discovery, objecting to the removal of a foster child from your home, visitation, permanent custody, termination of parental rights, adoption, and adoption assistance. Since every situation is different, not every process and family will have all of these rights. However, it is important to understand what the steps are and when they can come about so that when the time comes, you are ready.

Foster parents usually are required to actively work at getting involved in their foster child’s court cases. Throughout the next few posts, some of the most beneficial rights will be discussed in more depth. In this article, Seth A. Grob’s landmark article, “Out of the Shadows and Into the Courtroom,” we will survey his foreshadowing of foster parent intervention and how Alabama implements it.

Foster Parents’ Notice and Opportunity to be Heard: Ala. Code § 38-12A-2(14)

The Alabama Foster Parent Bill of Rights states that foster parents have:

The right to notice and an opportunity to be heard, including timely information concerning 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 assigned to the case, the guardian ad litem, the location of the hearing, and the court docket number. The notification shall be made upon receipt of this information by the department. Although not a party to the case, the foster parent may attend court hearings at the discretion of the judge. Ala. Code § 38-12A-2(14).

This means that foster parents have the right to be given notice about all court hearings involving the child or children in their home. This also means that notice has to be done in a timely fashion. Foster parents are supposed to hear about all of the dates and times of the hearings along with who the court officials are.

This does not make foster parents a party to the case but gives them an opportunity to be heard and to hear about the case. It gives the foster parents the ability to have knowledge and hopefully have a better understanding about what is happening with the child or children, who are in their care.

Having this right helps foster parents be more involved in the lives of the child or children they are caring for. It helps give the foster parents a fuller picture on what is happening. Additionally, it allows the foster parents to have a clearer grasp on the situation and allows them to help more. Foster parents who utilize this right can help the child more through emotional support because they are aware of what is happening in their life to a much fuller extent.

Foster Parents’ Right of Intervention Ala. Code § 38-12A-2(14)

While the Alabama Foster Parent Bill of Rights does not give foster parents the automatic right to be parties to the case, they are permitted to intervene. Whether or not the foster parents are allowed to intervene is a question left for the court. The court determines this by considering whether the intervention will cause an unduly delay or prejudice the judgment of the original parties. If the foster parents intervene, then they will become a party to the case. The foster parents will then be able to file motions or requests to the court.

Allowing foster parents to intervene helps the children. The foster parents are usually the adults that know the children the best. They are the care takers of the child and help with all of their needs. While the Guardian ad Litem is looking out for the best interest of the child and speaks out for the child, they do not live with the child and see them every day. The foster parents being able to be a party to the case and also be an advocate for the child is very beneficial. It allows the judge to see a fuller picture of the situation. The foster parents can bring more testimony and knowledge regarding the child that people outside the home might not be able to see. They are seeing the children the most often and therefore should have the most knowledge of the child. It is important when deciding what is in the best interest of the child to have information about the child in all aspects of life. The Guardian ad Litem and the Judge are looking out for the best interest of the child, the foster parents when they intervene are also trying to help that goal.

Intervention is not an absolute for foster parents, but they are allowed to request this. Foster parents intervening will help the Judge make a better-informed decision on the best interest of the child which will help the child the most.

Discovery: Ala. Code § 38-12A-2

Foster parents have the right to a lot of information regarding the child and the situation. The Foster Parent Bill of Rights gives foster parents the right to information regarding the child who is placed in their home. That makes sense, it is important for the people taking care and nurturing a child to have information about their health, their background, and education status.

More specifically, foster parents have the right to information regarding the child’s behavioral problems, health history, educational status, cultural and family background, along with any other information that are directly related to the child that the Department of Human Resources knows. They are supposed to receive the information the Department of Human Resources has on them before they enter the home of the foster parents, but this is also supposed to be an ongoing requirement. Foster parents have the right to be updated about the child and the case plan.

Along with information concerning the child before they enter the home of the foster parents, they also have the right to know about all the scheduled appointments in regard to the child. This includes medical appointments, individualized service plan meetings, and any other meeting or appointment that is set up in relation to the foster child. Additionally, the foster parents have the right to communicate with the professionals who are administering these appointments. They are allowed to discuss the appointments with the professionals who are working directly with the child. This includes therapists, doctors, and teachers.

Since the foster parents are the ones who are caring for the child on a daily basis and have not had the history of knowing the child usually, having this right to information is vitally important. Having information for the child helps everybody make more informed decisions regarding the child.

Permanent Custody: Ala. Code § 38-12A-2(18)

The Alabama Foster Care Bill of Rights, Ala. Code § 38-12A-2(18), give foster parents the right to be first considered when a child is up for adoption or is looking for a planned permanent living arrangement. This means that foster parents do not have the automatic first right to an adoption but that they are given consideration first. This means when a child whose parents’ rights have been terminated, their foster parents have the right to be first considered for a permanent placement.

This makes a lot of sense because the child has already built a bond with this family. The child is already living in that home. The parents already know what this child needs, or is at least more knowledgeable than someone else. The foster family has already begun creating memories and relationships with the child, that if they are moved again, will have to restart. The less moves, a child can have in their childhood is usually the better. When a child has already bonded with the foster family and created connections with them it could be detrimental to the well-being of the child to move them once again.

The Alabama Code acknowledges this difficult balance between the short-term mentality with foster care and the long-term shift in mentality when termination of parental rights happens. The Code puts in place a step that encourages this shift in mindset and allows the foster parents to be the first ones considered in a permanent placement.

If you have questions about your impact or what you can do as a foster parent, don’t hesitate to reach out to us at theadoptionfirm.com or call us at 334-546-2009.