Foster Parent Consideration Act (HB 127)
Resource Family Court Participation Guide
Guardian Ad Litem Responsibilities
Resource Family Care Act. HB1579
Resource Family Care Act Bulletin
The following agreement was done in cooperation with Pennsylvania State Resource Family Association, Pennsylvania Children and Youth Administrators and Pennsylvania Council of Children, Youth and Family Services. This agreement was put into place using all the points in the Resource Family Care Act and is very thorough. It has also been being reviewed by the policy department of Office of Children Youth and Family Services. We are encouraging all public and private agencies to use this for a model and it may be manicured to fit the individual agency or FPA needs.
1. Treatment with consideration and respect for personal dignity.
2. Notification of scheduled meetings concerning the child in order to actively participate and have input into the case-planning and decision-making process regarding the child.
3. Support services to assist in the care of the child, consistent with the child’s approved permanency plan.
4. Open, complete and timely responses from the county or private agency when contacted by the resource parents.
5. Information about the child’s medical history, general behaviors, and information regarding the relationships between the child and his or her parents shall be provided to the resource parents as soon as that information is obtained by the county or private agency. Within a reasonable amount of time the agency shall provide information concerning the educational history, life experiences, and placement circumstances of the child.
6. Consultation with the resource parents in the development of the permanency plan.
7. Consultation with the resource parents in the decision to release the resource family’s address to the child’s parent and be informed when such information has been shared.
8. Assistance with the coordination of services for dealing with family loss and separation when a child leaves the resource family’s home and when relocation is not the result of an immediate threat to the health and safety of the child caused by the resource family.
9. Information on all county or private agency policies and procedures that relate to the role of a resource parent.
10. Appropriate training that will enhance skills and ability of the resource parent.
11. Information on how to receive services and reach county or private agency personnel on a 24-hour-a-day, 7-day-a-week basis.
12. Confidentiality regarding allegations of abuse involving a member of the resource family. The provision of confidentiality shall not interfere with the safety of the child.
13. Opportunity to be heard regarding agency decisions or practices. The agency shall not discharge, threaten or otherwise discriminate or retaliate against a resource parent for questioning the decisions or practices of an agency.
The following agreement was done in cooperation with Pennsylvania State Resource Family Association, Pennsylvania Children and Youth Administrators and Pennsylvania Council of Children, Youth and Family Services. This agreement was put into place using all the points in the Resource Family Care Act and is very thorough. It has also been being reviewed by the policy department of Office of Children Youth and Family Services. We are encouraging all public and private agencies to use this for a model and it may be manicured to fit the individual agency or FPA needs.
Click here to download the Model Agreement
Click here to download the Lancaster County Mutual Agreement Sample
Foster Parent Consideration Act
This legislation makes sure that all agencies give the foster parents consideration as an adoptive resource if the child has been with them for six months. As many of you know, there are times when the children that are in our care move to adoption with out the foster parents being a resource.
This has negative consequences on the children who feel as if they are part of the family, along with the foster parents losing someone from their family that they have grown to love. Although this legislation does not guarantee that the foster parent will be the adopted resource, it is a giant step forward to make sure that they are considered during the adoption process. On behalf of all the Resource Families and 20,000 foster children; we would like to thank all the parties involved in supporting this legislation.
A special thanks to all the members of the General assembly for passing this with a vote of 198-0 and to the Senate that passed it 50-0. We would also like to thank the Department of public Welfare for their continued support to make this bill become a reality.
On November 16, 2005 the Governor signed this piece of legislation into law. The following is an overview of the bill that is now law, the Foster Parent Consideration Act (Act 68).
(1) In cases where a foster family care agency places a child in the care of a foster family, the child’s goal has been changed to adoption and the child has resided with that approved foster family for six months or more, the foster parent or parents shall have the right to an interview with the foster family care agency in the event that the foster parent or parents are interested in becoming an adoptive resource for the foster child.
(2) The foster family care agency shall convey the information obtained from the interview of the foster family, in addition to information obtained from the interviews of other prospective adoptive families, to the county children and youth agency for its consideration when making a determination as to placement of the child.
(b) Consideration of other individuals.–If the county agency decides to consider other individuals as potential adoptive parents for the child, the county agency shall document the reasons for such consideration in the child’s case record.
(c) Certain concerns not to be considered.–No foster parent shall be denied consideration as an adoptive parent for a child, solely because of concerns regarding an inability to access that individual as a foster parent for other children in the future.
Resource Family Court Participation Guide
Children in Pennsylvania will be better served if resource parents (foster parents and relative caregivers) attend and participate in court hearings. This booklet will help resource parents provide information about children to the court and to the local child welfare agency (Children and Youth). This booklet will also help resource parents give information in the most effective way and learn how to work with the court and Children and Youth.
Click Here to Download the Resource Family Court Participation Guide
Guardian Ad Litem Responsibilities
There are more than 22,000 children involved in dependency proceedings in Pennsylvania with over 8,000 resource parents caring for them. In 2001 the Juvenile Law center did a research project on children’s right to counsel in dependency proceedings, called Promises kept Promises broken. This research is an excellent body of work and should be read along with this project, they are both looking at, the Juvenile Act, 42 Pa. Cons. Stat. § 6301. In the year 2000 the juvenile Act was amended with Act 18 to assure that children have appropriate representation, in that it is of vital importance for their outcome to have the best results possible. Unfortunately the guidelines that are mandated in the Juvenile Act for the Guardian Ad Litem responsibilities are not being followed in the majority of dependency proceedings. There lack of legal counsel not only is a problem for the best outcome for the child, but it also puts a tremendous strain on resource parents that may have to fight the system for the child in their care. One of the main reasons that resource parents walk away from dong foster care is frustration with the system. The lack of representation has residual effect, of losing a large part of your quality foster families. They can not function in a situation where the children they have attached to, are treated with less dignity than their own children are treated with. This is the issue that is constantly brought to our attention and must be addressed if we want the best outcome for the children, along with retaining the resource families that care for them.
Act 18 Of 2000 That Amended The Juvenile Act On Guardian Ad Litem Responsibilities
1. Meet with the child, as soon as possible following appointment pursuant to section 6337 (relating to right to Counsel) and on a regular basis thereafter, in a manner appropriate to the child’s age and maturity.
2. On a timely basis, be given access to relevant court and county agency records; reports of examination of the parents or other custodian of the child pursuant to this chapter; and medical, psychological and school records.
3. Participate in all proceedings, including hearings before masters, and administrative hearings and reviews to the degree necessary to adequately represent the child.
4. Conduct such further investigation necessary to ascertain the facts.
5. Interview potential witnesses, including the child’s parents, caretakers and foster parents; examine and cross-examine witnesses; and present witnesses and evidence necessary to protect the best interests of the child.
6. At the earliest possible date, be advised by the county agency having legal custody of the child of:
(i) any plan to relocate the child or modify custody or visitation arrangements, including the reasons therefore, prior to the relocation or change in custody or visitation; and
(ii) any proceeding, investigation or hearing under 23 Pa. Cons. Stat. Ch. 63 (relating to child protective services) or this chapter, directly affecting the child.
7. Make specific recommendations to the court relating to the appropriateness and safety of the child’s placement and services necessary to address the child’s needs and safety.
8. Explain the proceedings to the child, to the extent appropriate given the child’s age, mental condition and emotional condition.
9. Advise the court of the child’s wishes, to the extent that they can be ascertained, and present to the court whatever evidence exists to support the child’s wishes. When appropriate because of the age or mental and emotional condition of the child, determine, to the fullest extent possible, the wishes of the child and communicate this information to the court. A difference between the child’s wishes under this paragraph and the
recommendations under paragraph (7) shall not be considered a conflict of interest for the guardian ad litem.
Adoption Subsidies
During our research to get information to empower you on advocating for adoption subsidies, we came upon an institution that has done an outstanding job in providing information that is Pennsylvania specific. With that being said, your agency should be making you aware of subsidies that are available for children that meet the criteria, and most children in the child welfare system qualify.All that information and a wealth of PA specific information can be found on http://pa.taplink.org/post-placement-supports/finance-and-subsidy.aspx.