An Act To Establish a Foster Parents' Bill of Rights
Maine Legislature, Session 127, LD 1548
Committee: Health and Human Services
Sponsors: MALABY, BEAVERS, HAMANN, HERRICK, HICKMAN, STEARNS, VACHON, LANGLEY

Legislative Document 
No. 1548 
H.P. 1055 
House of Representatives, January 12, 2016 
An Act To Establish a Foster Parents' Bill of Rights 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MALABY of Hancock. 
Cosponsored by Representatives: BEAVERS of South Berwick, HAMANN of South Portland, 
HERRICK of Paris, HICKMAN of Winthrop, STEARNS of Guilford, VACHON of 
Scarborough, Senator: LANGLEY of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA c. 1693 is enacted to read: 
CHAPTER 1693 
FOSTER PARENTS' BILL OF RIGHTS 
§9101.  Short title 
This chapter may be known and cited as "the Foster Parents' Bill of Rights." 
§9102.  Definitions 
As used in this chapter, unless the context indicates otherwise, the following terms 
have the following meanings. 
1.  Family foster home.  "Family foster home" has the same meaning as in section 
8101, subsection 3. 
2.  Foster parent.  "Foster parent" means a person whose home is licensed by the 
department as a family foster home and with whom a child lives pursuant to a court order 
or agreement of the department. 
§9103.  Rights and obligations of foster parents 
1.  Rights of foster parents.  The department shall acknowledge foster parents as 
active participants in the State's efforts to care for children who are in the custody of the 
department and support foster parents in accordance with this chapter.  The department 
shall treat a foster parent with dignity, respect and trust as a primary provider of foster 
care and a member of the team caring for a foster child.  The department shall provide to 
a foster parent the following: 
A.  Information concerning the provisions of this chapter; 
B.  A concise written explanation of the foster parent's role as a foster parent in 
partnership with children and their birth families, the department and other providers; 
the role of the department; and the rights and roles of the members of the birth family 
of a child in foster care; 
C.  Training, consultation and assistance in identifying, evaluating and accessing 
resources and services to meet the foster parent's needs related to the foster parent's 
role as a foster parent, including, but not limited to, training, consultation and 
assistance related to improving skills in providing daily care and meeting the needs of 
the child in foster care, all foster care policies, a foster parent handbook, minimum 
standards for family foster homes, therapeutic foster care and the mediation 
procedure developed pursuant to section 9105; 
D.  A method for the foster parent to provide input to the department to assist the 
department in identifying the types of resources and services that would meet the 
needs of children in the foster parent's care and to advocate for those children without 
adverse action by the department; 
E.  All pertinent information known to the department at the time the child is placed 
in foster care prior to the child's placement with the foster parent, including, but not 
limited to, full disclosure of all medical, psychological and psychiatric conditions of 
the child; information from previous placements that would indicate the child may 
have a propensity toward violence against any foster family member; family history 
of mental or physical illness; sexual abuse of the child or sexual abuse perpetrated by 
the child; criminal background of the child or the child's family; setting fires or 
destructive behavior by the child; educational status of the child; cultural and family 
background; and any other issues pertinent to the care and needs of the child and 
protecting the foster family.  If the department becomes aware of such information 
after placement with the foster parent, the department shall make that information 
available to the foster parent as soon as practicable.  If a caseworker knowingly 
provides false or misleading information to a foster parent in order to secure 
placement of a child, the department shall make a notation of the provision of that 
information in the personnel file of the caseworker maintained by the department; 
F.  Prior to placement of the child in the family foster home, a written explanation of 
the case plan concerning the placement of the child in the family foster home. For 
emergency placements, if time does not allow prior preparation of the explanation, 
the department shall provide that explanation within 72 hours after preparation of the 
explanation. Prior to placement, the department shall allow the foster parent to review 
a written summary of information concerning the child, including, but not limited to, 
assessments, evaluations and case plans. For emergency placements, if time does not 
allow prior review of the information, the department shall provide the information 
within 72 hours of placement. The foster parent shall keep confidential information 
provided by the department confidential, except as determined through a process 
adopted by the department to promote the health and welfare of the child; 
G.  For the purpose of aiding the foster parent in receiving departmental assistance, 
access to a staff person representing the department 24 hours a day, 7 days a week; 
H.  Fair and equitable board payments based on a system of daily board rates and 
other financial reimbursement as specified in a plan adopted by the department after 
consultation with the foster parent, subject to the availability of funds.  If a child 
meeting the requirements for placement in a specialized children's home, as defined 
in section 8101, subsection 5, is placed in a family foster home, the department shall 
expedite the process of licensing the family foster home as a specialized children's 
home so the foster parent may receive the necessary support and additional financial 
reimbursement received by a specialized children's home; 
I.  Notification of the right to accept or refuse a placement within the family foster 
home and to request with 2 weeks' notice to the department, except in an emergency, 
the removal of a child from the family foster home for good cause without threat of 
adverse action by the department.  Except in emergencies, the department shall 
provide a foster parent 2 weeks' notice before a child is removed from the foster 
parent's care along with a written statement of the reasons for the removal; 
J.  Information related to scheduled meetings and appointments concerning the child 
and permission for the foster parent to actively participate in and provide input to be 
used by the child's treatment team 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; 
K.  Notice concerning each court hearing with respect to the child. This notification 
may include, but is not limited to, the date and time of the court hearing, the name of 
the judge or hearing officer, the name of the guardian ad litem, the location of the 
hearing and the court docket number. The notification must be made upon receipt of 
this information by the department. The foster parent may attend court hearings at the 
discretion of the judge or hearing officer; 
L.  Communications received by the department from professionals who work with 
the child, including, but not limited to, therapists, physicians and teachers who work 
directly with the child; 
M.  With the approval of the department, the permission to communicate with the 
child's birth family, previous foster parents of the child and prospective and final 
adoptive parents of the child without adverse action by the department; 
N.  Except in the case of an immediate response of child protective services, 
information, on an ongoing basis, that is relevant to the care of the child, including, 
but not limited to, timely information on changes in the case plan or termination of 
the placement and reasons for the changes or termination; 
O.  A period of respite upon the request of the foster parent. The foster parent shall 
provide to the department reasonable notice of a request for respite; 
P.  Information in a timely manner, in person and in writing, with respect to any 
allegations of maltreatment of a child in the family foster home alleged to have been 
perpetrated by a member of the foster parent's household, the process for disposition 
of these allegations and any review process for reports of indicated child abuse and 
neglect upon receipt of the allegations. A written notification of any report in which a 
finding of maltreatment, child abuse or neglect is not indicated must be provided to a 
foster parent within 5 days of the finding; 
Q.  Copies of all information relative to the foster parent's family and services 
contained in the department's family foster home record; 
R.  Mediation procedures developed and adopted by the department pursuant to 
section 9105.  The foster parent may request mediation in accordance with any 
mediation policy adopted by the department without adverse action by the 
department;  
S.  Notification of the right to appeal the closing of a family foster home by the 
department in accordance with an appeal procedure adopted by the department; and 
T.  Training that specifically addresses the cultural needs of the child, including, but 
not limited to, information on skin and hair care, information on any specific 
religious or cultural practices of the child's birth family and referrals to community 
resources for ongoing education and support. 
2.  Foster parent's obligations.  A foster parent shall provide the following with 
respect to a child placed in the family foster home: 
A.  Discipline of the child in a humane and sensitive manner.  All discipline must be 
consistent with state laws and department rules; 
B.  Care that is respectful of the child's cultural identity and needs; and 
C.  Flexibility and cooperation with regard to family visits.  When possible, a foster 
parent shall schedule visitations at a time that meets the needs of the child, the birth 
family members and the foster family. 
§9104.  Confidential information 
A foster parent shall treat all information received from the department and its 
contractors relating to a foster child in the foster parent's care or the child's birth family as 
confidential.  Information necessary for the medical or psychiatric care of the child may 
be provided to the appropriate practitioners.  A foster parent may share information with 
school personnel that is necessary in order to secure a safe and appropriate education for 
the child.  A foster parent shall share information known to the foster parent related to 
concerns that arise in the care of the child with the child's caseworker and other members 
of the child's treatment team. 
§9105.  Grievance procedure 
A foster parent may file a grievance in response to any violation of this chapter.  The 
department shall develop and maintain a grievance procedure that includes a mediation 
procedure to be published in a foster parent handbook within one year of the effective 
date of this chapter.  The department shall establish an advisory committee to assist the 
department in developing and maintaining the grievance procedure. 
§9106.  First consideration for placement 
If a child reenters the foster care system and is not placed in a relative's home, the 
department shall give a former foster parent of the child first consideration for placement 
of the child.  The department shall also give a foster parent first consideration for 
adoption or permanent placement of a child in the foster parent's care if the child becomes 
available for adoption or for another planned permanent living arrangement.   
§9107.  Rulemaking 
The department shall adopt rules to implement this chapter.  Rules adopted pursuant 
to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
SUMMARY 
This bill establishes a foster parents' bill of rights.