Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart B - FOSTER PARENT RIGHTS AND RESPONSIBILITIES › Section 340.40 - Foster Parent Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) A foster
				parent's rights include, but are not limited to, the following:
1) The right to be treated with dignity,
				respect, and consideration as a professional member of the child welfare
				team.
2) The right to be given
				standardized pre-service training and appropriate ongoing training to meet
				mutually assessed needs and improve the foster parent's skills.
3) The right to be informed as to how to
				contact the appropriate child placement agency in order to receive information
				and assistance to access supportive services for children in the foster
				parent's care.
4) The right to
				receive timely financial reimbursement commensurate with the care needs of the
				child as specified in the service plan.
5) The right to be provided a clear, written
				understanding of a placement agency's plan concerning the placement of a child
				in the foster parent's home. Inherent in this right is the foster parent's
				responsibility to support activities that will promote the child's right to
				relationships with his or her own family and cultural heritage.
6) The right to be provided a fair, timely,
				and impartial investigation of complaints concerning the foster parent's
				licensure, to be provided the opportunity to have a person of the foster
				parent's choosing present during the investigation, and to be provided due
				process during the investigation; the right to be provided the opportunity to
				request and receive mediation or an administrative review of decisions that
				affect licensing parameters, or both mediation and an administrative review;
				and the right to have decisions concerning a licensing corrective action plan
				specifically explained and tied to the licensing standards violated.
7) The right, at any time during which a
				child is placed with the foster parent, to receive additional or necessary
				information that is relative to the care of the child.
8) The right to be given information
				concerning a child from the Department, as required under Section 5(u) of the
				Children and Family Services Act, and from a child welfare agency, as required
				under Section 7.4 (c-5) of the Child Care Act of 1969. [20 ILCS
				520/1-15 ]
A) At the
				time the caseworker places a child with a foster parent or prospective adoptive
				parent, or prior to placement of the child, whenever possible, the worker shall
				provide available information in writing (except as provided in subsection
				(a)(8)(B)) about the child necessary for the proper care of the child to the
				foster parent or prospective adoptive parent. The information to be provided to
				the caregiver shall include:
i) The medical
				history of the child, including known medical problems or communicable
				diseases, information concerning the immunization status of the child, and
				insurance and medical card information;
ii) The educational history of the child,
				including any special educational needs and details of the child's
				Individualized Education Plan (IEP), Individual Family Service Plan (IFSP) when
				the child is receiving special education services, or 504 Educational Special
				Needs Plan, if applicable;
iii) A
				copy of the child's portion of the client service plan, including any
				visitation arrangements and all amendments or revisions; case history of the
				child, including how the child came into care; the child's legal status; the
				permanency goal for the child; a history of the child's previous placements;
				and reasons for placement changes, excluding information that identifies or
				reveals the location of any previous foster or relative home caregiver;
				and
iv) Other relevant background
				information of the child, including any prior criminal history; information
				about any behavior problems, including fire setting, perpetration of sexual
				abuse, destructive behavior and substance abuse habits; likes and dislikes;
				etc.
B) In the case of
				an emergency placement, when all of the information referenced in subsection
				(a)(8)(A) is not available, the worker shall provide known information verbally
				as it becomes available and subsequently provide this information in
				writing.
C) In advance of
				placement, the caseworker may provide the foster parent or adoptive parent with
				a written summary of the information listed in subsection (a)(8)(A).
D) Within 10 working days after the
				placement, the worker shall obtain from the prospective adoptive parent, foster
				parent or other caregiver signed verification of receipt of the information
				described in subsection (a)(8)(A) and forward a copy of the information to the
				child's guardian ad litem.
E)
				Supervisory review and approval is required prior to providing any information
				to the foster parent or prospective adoptive parent.
9) The right to be notified of scheduled
				meetings and staffings concerning the foster child in order to actively
				participate in the case planning and decision-making process regarding the
				child, including individual service planning meetings, administrative case
				reviews, interdisciplinary staffings, and individual educational planning
				meetings; the right to be informed of decisions made by the courts or the child
				welfare agency concerning the child; the right to provide input concerning the
				plan of services for the child and to have that input given full consideration
				in the same manner as information presented by any other professional on the
				team; and the right to communicate with other professionals who work with the
				foster child within the context of the team, including therapists, physicians,
				and teachers.
10) The right to be
				given, in a timely and consistent manner, any information a case worker has
				regarding the child and the child's family which is pertinent to the care and
				needs of the child and to the making of a permanency plan for the child.
				Disclosure of information concerning the child's family shall be limited to
				that information that is essential for understanding the needs of and providing
				care to the child in order to protect the rights of the child's family. When a
				positive relationship exists between the foster parent and the child's family,
				the child's family may consent to disclosure of additional
				information.
11) The right to be
				given reasonable written notice of any change in a child's case plan, plans to
				terminate the placement of the child with the foster parent, and the reasons
				for the change or termination in placement. The notice shall be waived only in
				cases of a court order or when a child is determined to be at imminent risk of
				harm.
12) The right to be notified
				in a timely and complete manner of all court hearings, including notice of the
				date and time of the court hearing, the name of the judge or hearing officer
				hearing the case, the location of the hearing, and the court docket number of
				the case; and the right to intervene in court proceedings or to seek mandamus
				under the Juvenile Court Act of 1987.
13) The right to be considered as a placement
				option when a foster child who was formerly placed with the foster parent is to
				be re-entered into foster care, if that placement is consistent with the best
				interest of the child and other children in the foster parent's home.
14) The right to have timely access to the
				child placement agency's existing appeals process and the right to be free from
				acts of harassment and retaliation by any other party when exercising the right
				to appeal.
15) The right to be
				informed of the Foster Parent Hotline established under Section 35.6 of the
				Children and Family Services Act and all of the rights accorded to foster
				parents concerning reports of misconduct by Department employees, service
				providers, or contractors, confidential handling of those reports, and
				investigation by the Inspector General appointed under Section
				35.5 of the Children
				and Family Services Act. [20 ILCS
				520/1-15 ]