SECOND REGULAR SESSION
SENATE BILL NO. 923
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR SIMS.
Read 1st time January 14, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
3862S.01I
AN ACT
To amend chapter 210, RSMo, by adding thereto one new section relating to foster parent rights and responsibilities.
Section A. Chapter 210, RSMo, is amended by adding thereto one new section, to be known as section 210.566, to read as follows:
210.566. 1. The state and its contractors shall treat foster parents with courtesy, respect and consideration. Foster parents shall treat the children in their care, the child's birth family and members of the child welfare team with courtesy, respect and consideration.
2. (1) The state and its contractors shall provide foster parents with training, pre-service and in-service, and support. The state and its contractors shall share all pertinent information about the child and the child's family, including but not limited to, the case plan with the foster parents to assist in determining if a child would be a proper placement. The state and its contractors shall inform the foster parents of issues relative to the child that may jeopardize the health or safety of the foster family. The state and its contractors shall arrange pre-placement visits, except in emergencies. The foster parents may ask questions about the child's case plan, encourage a placement or refuse a placement without reprisal from the caseworker or agency. After a placement, the state shall update the foster parents as new information about the child is gathered. Foster parents shall be informed of upcoming meetings and staffings, and shall be allowed to participate, consistent with section 210.761. The state shall establish reasonably accessible respite care for children in foster care for short periods of time, jointly determined by foster parents and the child's caseworker pursuant to section 210.545.
(2) Foster parents shall treat all information received from the state about the child and the child's family as confidential. Foster parents shall share information they may learn about the child and the child's family with the caseworker and other members of the child welfare team. Recognizing that placement changes are difficult for children, foster parents shall seek all necessary information, and participate in pre-placement visits, before deciding whether to accept a child for placement. Foster parents shall follow all procedures defined by the state for requesting and using respite care.
3. (1) Foster parents shall make decisions about the daily living concerns of the child, and shall be permitted to continue the practice of their own family values and routines. All discipline shall be consistent with state laws and regulations. The state shall allow foster parents to help plan visitation between the child and the child's biological family.
(2) Foster parents shall provide care that is respectful of the child's cultural identity, values and needs. Foster parents shall recognize that the purpose of discipline is to teach, and ensure that it is administered in a humane and sensitive manner. Recognizing that visitation with family members is an important right, foster parents shall be flexible and cooperative in regard to family visits.
4. (1) Consistent with state laws and regulations, the state shall provide, upon request by the foster parents, information about a child's progress after the child leaves foster care. Except in emergencies, foster parents shall be given advance notice consistent with division policy, and a written statement of the reasons before a child is removed from their care. If a child re-enters the foster care system, the child's foster parents shall be considered as a placement option. If a child becomes free for adoption while in foster care, the child's foster family shall be given first consideration as adoptive parents consistent with section 453.070, RSMo.
(2) Confidentiality rights of the child and the child's parents shall be respected and maintained. Foster parents shall inform the child's caseworker of their interest if a child re-enters the system. If a foster child becomes free for adoption and the foster parents desire to adopt the child, they shall inform the caseworker in a timely manner. If they do not choose to pursue adoption, foster parents shall make every effort to support and encourage the child's placement in a permanent home. When requesting removal of a child from their home, foster parents shall give reasonable advance notice, consistent with division policy, to the child's caseworker, except in emergency situations.
5. (1) Foster parents shall be informed in a timely manner of all court hearings pertaining to a child in their care, and informed of their right to attend and participate, consistent with section 211.464, RSMo.
(2) Foster parents shall share any concerns regarding the case plan for a child in their care with the child's caseworker, as well as other members of the child welfare team, in a timely manner.
6. Foster parents shall have timely access to the child placement agency's appeals process, and shall be free from acts of retaliation when exercising the right to appeal. Foster parents shall know and follow the policies of the state, including the appeals procedure.