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19 GCA § 13337

Foster Parent’s Bill of Rights

Guam Code AnnotatedTitle 19 — Personal Relations
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A foster parent’s rights include, but are not limited to:

(a)The right to be treated with dignity, respect, trust, value, and consideration as a primary provider of foster care and a member of the professional team caring for foster children.

(b)The right to not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical disability.

(c)The right to receive an explanation from the Department of Public Health and Social Services’ (Department) Bureau of Social Services Administration (BOSSA) concerning the rights enumerated in this section.

(d)The right to a concise written explanation of their role as foster parents in partnership with children and their families, and the Department; the role of the Department; and the rights and role of the members of the birth family of a child in foster care.

(e)The right to training and support for the purpose of improving skills in providing daily care and meeting the needs of the child in foster care.

(f)The right to provide input to the Department in identifying the types of resources and services that would meet the needs of children currently in their care and of their families, and advocate for the same without threat of reprisal.

(g)The right to information concerning behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the Department at the time the child is placed in foster care prior to the child’s placement with a foster parent or parents. When the Department knows such information after placement, the Department shall make that information available to the foster parent as soon as practicable.

(h)The right to an explanation of the plan concerning the placement of a child in the foster parent’s home. For emergency placements where time does not allow prior preparation of the explanation, the Department shall provide such explanation within seventy-two

(72)hours. Prior to placement, the Department shall allow the foster parent to review information concerning the child, including, but not limited to, assessments, evaluations, and case plans, and allow the foster parent to CH. 13 CHILD PROTECTIVE ACT assist in determining if the child would be a proper placement for the prospective foster family. For emergency placements where time does not allow prior review of the information, the Department shall provide the information within seventy-two

(72)hours of placement. Confidential information shall be kept confidential by the foster parents.

(i)The right to a BOSSA staff member representing the Department on call twenty-four

(24)hours a day, seven

(7)days a week, for the purpose of aiding the foster parent in receiving departmental assistance.

(j)The right to foster care maintenance payments, subject to the availability of funds.

(k)The right to accept or refuse placement within their home, or to request the removal of a child from their home for good cause without threat of reprisal for acting on such good cause.

(l)The right to information of scheduled meetings and appointments concerning the foster child and permission for the foster parent to actively participate in and provide input in the case planning and decision-making process regarding the child in foster care, including, but not limited to, individual service planning meetings, foster care reviews, individual educational planning meetings, and medical appointments.

(m)The right to notice and an opportunity to be heard, including timely information concerning all court hearings. 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.

(n)The right to communicate with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child.

(o)The right to communicate with the child’s birth family, other foster parents of the child, and prospective and finalized adoptive parents of the child with case worker approval and facilitation, and without the threat of reprisal.

(p)The right to necessary information on an ongoing basis which is relevant to the care of the child, including timely information on changes in the case plan or termination of the placement and reasons for the changes or termination of placement to the foster parent, except in the instances of immediate response of child protective service.

(q)The right to priority consideration as the resource for a child in a foster parent’s home who becomes free for adoption or another planned permanent living arrangement if the child was in the home for at least twelve

(12)months.

(r)The right to a period of respite upon the request of a foster parent. The foster parent shall provide reasonable notice of a request for respite.

(s)The right to be provided a fair and timely investigation of complaints concerning the operation of a foster home.

(t)The right to an explanation of a corrective action plan or policy violation relating to foster parents.

(u)The right to copies of all information relative to their family and services contained in the personal foster home record.

(v)The right to mediation procedures that may be developed and adopted by the Department. The foster parent may request mediation in accordance with any mediation policy adopted by the Department without threat of reprisal. CH. 13 CHILD PROTECTIVE ACT

(w)The right to receive an evaluation on the foster parent’s performance based on licensing standards.

(x)The right to be apprised of information, laws, and guidelines on the obligations, responsibilities, and opportunities of foster parenting and to be kept informed of any changes in laws, policies, and procedures regarding foster parenting by BOSSA in a timely manner and at least annually.

(y)The right to have a copy of the Foster Parents’ Bill of Rights listed in this Section.

§ The story of this section

  1. Enacted by P.L. 31-97 § 1 — introduced as Bill 173-31 · introduced by Benjamin J.F. Cruz + 2 cosponsors

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.