Foster Children's Rights

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The National Center for Youth Law has published an informational pamphlet entitled "My Rights in Foster Care." This was designed to give children basic information on their rights regarding legal proceedings, foster care placement, healthcare, and education. The following is a list of a child's rights while they are in foster care

Foster Children have the right to

• attend all court hearings concerning the child
  
  
• be told in advance of all the hearings in the case if the child is ten years old or older
  
  
• be represented by an attorney in court
  
  
• meet with the attorney before each court hearing
  
  
• have the attorney tell the court the child's wishes
  
  
• have an attorney who will do what is necessary to protect the child
  
  
• call witnesses to testify for the child, whether or not the child has an attorney, the child can ask the judge to require the witnesses to come to court
  
  
• go to court and tell the judge what the child thinks about any placement or placement changes that are proposed for the child
  
  
• confidentiality, but information can be shared with people who need to know in order to provide the child with care and services
  
  
• call to court witnesses to testify for the child. Whether or not the child has an attorney, the child can ask the judge to require witnesses to come to court.
  
  
• meet at least once a month with the social worker assigned to their case to get birth control, prenatal care, or an abortion
  
  
• have placement with a relative be the first placement alternative
  
  
• live in a foster home rather than a group home
  
  
• live with siblings
  
  
• visit with family
  
  
• be treated with dignity and respect
  
  
• live in a home that is safe, healthy, and comfortable
  
  
• live with a reasonable degree of freedom as long as house rules are followed
  
  
• practice any religion
  
  
• participate in plans for child's well being and future
  
  
• be provided with adequate and nourishing food, shelter, free time, and clothes
  
  
• keep the child's stuff, including toilet articles, in the child's own storage space
  
  
• keep the money the child earns and saves
  
  
• keep the money received from a lawsuit if it is in a blocked trust account
  
  
• be free from abuse
  
  
• not be forced to take medication unless prescribed by the child's doctor, and approved by the court
  
  
• receive confidential telephone calls and unopened letters. Calls and letters to and from the child's social worker, parents, and attorney may not be restricted
  
  
• a list of personal rights and house rules
  
  
• participate in an Independent Living Skills Program if the child is 16 years old or older
  
  
• file a complaint about the care they are receiving. The facility may not take action on the child for filing such complaint
  
  
• file a complaint with the child's social worker, and licensing agency if the child is placed in a licensed facility
  
  
• file a complaint about the child's placement, care, or services with the State Foster Care Ombudsperson
  
  
• receive prompt medical care and treatment for any illness or disability
  
  
• talk to a counselor or therapist if the child wants or needs to
  
  
• be in a special program where the child can receive counseling, medial care, and a place to live if the child is pregnant
  
  
• get birth control, prenatal care, or an abortion and if the child is 12 years old or older, care for a sexually transmitted disease, without adult consent
  
  
• get care for mental health problems and alcohol or drug use without adult consent if the child is 12 years old or older
  
  
• go to school and receive any special help that is needed, meet with the principal, and discuss the situation before the child is to be suspended
  
  
• be given a hearing before the child can be expelled
  
  
• receive written notice of the charges against the child at least ten days before the hearing on whether the child should be expelled