A conversation with Commissioner Miller about the Foster Parents Bill of Rights and the new dispute resolution process:
How did this legislation come into being?
The original “Foster Parent Bill of Rights” came into being in 1997. It can be found at 37-2-415. The legislature wanted to address the fact that if there is any dispute as to the protection of these rights, there was no grievance procedure in place. This addition to 37-2-415 created a dispute resolution process for foster parents. If a foster parent has a complaint in regards to a failure to follow any of these tenets, they can file a grievance that will be heard by the region, by central office and by TCCY if necessary.
Why did we create this process?
This process was created to ensure that the foster parents and the Department work collaboratively for the best interest of every child in foster care. We wanted to create a process by which foster parents could be heard if they believed that they had an issue that needed to be resolved. This creates a mechanism by which foster parents can bring their issues forward.
How does this help foster parents?
One of the main tenets of the Bill of Rights addresses dignity and trust. This process further supports this concept and opens up communication if there is any issue that needs to be resolved. The Department is committed to resource parents being full partners to ensure safety, permanency and well-being for our kids.
How do the resource parents find out about this?
They are told during the PATH training. They are given the opportunity to review all of the tenets in the Foster Parent Bill of Rights and the grievance process is fully explained to them as well.
How do DCS workers find out about this?
We have a computer-based training that is available for viewing in Edison. It is titled "Resource Parents Bill of Rights" (CHCB7000). Your region’s DCS lawyers can be asked about this statute as well.
If a foster parent notices something that is an immediate risk to a child, should they file a grievance under this statute?
If there is an immediate risk to a child in foster care, they should contact the case manager and also call in a CPS referral. Any complaints of child abuse or neglect should be called in to our Child Abuse Hotline. This process is for a general concern or complaint that one of the tenets of the Foster Parents’ Bill of Rights has been violated.
Is this process only for foster parents or also for adoptive parents?
It is for all resource parents of children in foster care. Once a child is adopted, that child becomes just like their natural born children, so if there are concerns about adoption assistance or services, they can also file a grievance, but that complaint is filed with our Administrative Procedures Division and they receive a full hearing and an opportunity to be heard. That said, we would love to resolve this informally at the local level, so please try to work this out first as it is always best to resolve these issues as quickly as possible.
Can’t you just work with your foster parent advocate to resolve disputes?
Yes, certainly. Our resource parent advocates are a wonderful resource and they should always be involved in the resolution of any issues. Whenever possible, we would love to resolve issues at the county or regional level, but sometimes that just cannot happen, so we created this addition to the statute to allow for a more formal process to be followed to make sure that every concern is addressed.
Is this process already in place?
Yes, we are happy to say that we are already working on this. For reference purposes, the protocol is listed on our website and can be found within Policy 16.7.
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