Report Title:
Foster Children; Bill of Rights
Description:
Establishes a foster children's bill of rights. (SD2)
THE SENATE |
S.B. NO. |
2161 |
TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 2 |
|
STATE OF HAWAII |
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A BILL FOR AN ACT
relating to foster children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§587- Foster children's bill of rights. The department has the duty as foster custodian or permanent custodian to ensure that children living under its care have the following rights protected and enforced:
(1) The right to live in a safe and healthy home, free from physical, sexual, emotional, or other abuse;
(2) The right to be treated with fairness, dignity, respect, and without discrimination because of race, color, religion, disability, sexual orientation, national origin, age, and gender;
(3) The right to be free from unreasonable searches of personal belongings and mail, including electronic mail;
(4) The right to be free to make and receive confidential telephone calls as reasonable under the circumstances, unless otherwise provided by law;
(5) The right to receive adequate and healthy food, adequate clothing, medical care, dental and orthodontic care, corrective vision care, and appropriate mental health services;
(6) The right to be placed with foster care providers who have received standardized pre-service training and appropriate ongoing training ensuring that the providers have the appropriate knowledge and skills to provide for the child's needs;
(7) The right to have the child's wishes considered with respect to placement decisions and to receive notification prior to the child's removal and new placement. Whenever possible, workers shall discuss removals and placements with a child and receive input from the child regarding possible caretakers. Prior to being removed from a foster home, the department shall provide the child with written notice of the removal and information regarding the new placement, at least forty-eight hours prior to the removal, unless there are immediate concerns for a child's safety. The notice shall state:
(A) When the removal is scheduled to occur;
(B) The location of the new placement;
(C) The number, age, and sex of the people living in the new foster home;
(D) An overview of the house rules at the new foster home; and
(E) Contact information so the child may contact the new home prior to placement.
(8) The right to be placed with foster care providers who have been adequately informed of the child's circumstances so as to provide appropriate care for the child. Prior to placement, foster care providers shall verbally receive information relating to any serious medical, emotional, and behavioral problems of the child. Within seven days of placement, foster care providers shall receive written information explaining the child's relevant medical and social history. The written information shall include:
(A) A statement of why the child was removed from the child's parents' care;
(B) A statement of the child's past instances of abuse or neglect in the child's home or previous foster care placements;
(C) Pending and past juvenile adjudications or charges;
(D) Current school information;
(E) Past history of behavioral problems;
(F) Current therapy and any known mental health diagnoses;
(G) Complete medical records in the department's physical custody;
(H) A statement of the child's cultural and family background; and
(I) To the extent possible, information about the child's interests, hobbies, likes and dislikes, special possessions or practices, or any other unique characteristic of the child.
The foster care provider shall keep all such information in strict confidentiality. Provision of such information to a foster care provider shall not have any effect on the information's legal confidentiality.
The department shall develop a checklist to document the time and date that such information was submitted to a new foster care provider and furnish the information to the family court in its reports on safe family home guidelines submitted pursuant to section 587-40 at the following review hearing;
(9) The right to be placed with foster care providers who have been adequately informed of the child's cultural background so as to provide culturally appropriate care for the child and if the foster child is of Hawaiian ancestry, that the foster child be placed with foster parents of Hawaiian ancestry, if appropriate;
(10) The rights, while in foster care, to supervised in-person contact and telephone or mail correspondence with the child's parents and siblings, unless prohibited by court order;
(11) The right, following an adoption, to supervised in-person contact and telephone or mail correspondence with the child's parents and siblings, as provided in the adoption decree;
(12) The right to direct contact with social workers, guardians ad litem, and probation officers. Children, foster parents, and guardians ad litem shall be informed of changes in social worker assignments and provided contact information for any new social worker within forty-eight hours of a change;
(13) The right to submit letters or testimony through the child's court-appointed guardian ad litem, at any court hearing or trial, and the right to attend at least one review hearing each year and speak with the family court judge;
(14) The right to attend religious activities and services of the child's choosing, and the right to refuse to attend any religious activities or services;
(15) The right to maintain a personal bank account and manage personal income, consistent with the child's age and development, unless prohibited due to safety or health concerns;
(16) The right to attend school and participate in appropriate extracurricular activities, and if a child is moved during a school year, the right to complete the school year at the same school if practicable; provided that if a child in high school is moved during the school year, the right to remain enrolled in the same school until graduation;
(17) The right to have foster care providers actively involved in the child's pending child welfare case. Foster care providers shall receive notice of review hearings, including the date and time, location, docket number, and purpose of the hearing, and shall be entitled to participate in the proceedings as a party for any child under the provider's care, and at the first review hearing following the removal of a child from the provider's care. Foster care providers shall have the right to submit any relevant letters or documents to the court at any hearing in which the providers are entitled to participate;
(18) The right to have the child's foster care providers receive reasonable notice before the child is removed from a provider's care except in cases of a court order or when the child is threatened with harm. The department shall provide a written explanation of the child's removal to the child and the child's former foster care provider within seven days of the child's removal;
(19) The right to early identification of family members interested in serving as foster care providers or in permanent custody of the child. The department shall conduct an ohana conference within three months of the child's removal from a foster care provider for the express purpose of identifying interested family members. The department shall contact, in writing, both maternal and paternal relatives that can be identified for this conference;
(20) The right to stability of placements, as far as practicable. Current foster care providers shall be considered the presumptive choice for adoption, legal guardianship, or permanent custody of any child who is in the permanent custody, insofar as the child agrees, of the department and has been placed in the foster home for more than one year. Prior to the removal of a child in the permanent custody of the department who has been placed with a foster care provider for more than one year, the department shall prove to the family court by a preponderance of the evidence that removal is in the best interests of the child, unless there are immediate concerns for the child's safety. If the removal is due to immediate concerns for the child's safety, the department, within seven days of the child's removal, shall prove to the family court by a preponderance of the evidence that removal is in the best interests of the child;
(21) The right to life skills training and a transition plan starting at age fourteen to provide adequate transitioning for foster children aging out of the foster care system and to work and develop job skills at an age-appropriate level, consistent with the laws of this State and as may be reasonably accommodated.
(22) To be permitted to exercise parental decision-making authority over and to reside with the foster child's own child if the foster child has a child of his or her own, if appropriate and as may be reasonably accommodated, unless otherwise prohibited by court order; and
(23) To have the opportunity to contact the department confidentially and to make complaints regarding alleged violations of the foster child's rights and to be free from harassment and retaliation regarding such actions.
The department shall provide every foster child with a copy of the Foster Children's Bill of Rights when the child is placed under the foster custody of the department; provided that the child is of sufficient age and capacity to read and understand the rights.
The family court shall have the authority to issue any necessary orders sua sponte, or upon motion of the guardian ad litem, to the department, the department of health, or the department of education, to ensure that these rights are upheld, if such orders are in the child's best interests."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.