Title 31
Proposed Bill for Title 31

Creates the foster parents’ bill of rights.
(a) The General Assembly finds that foster parents providing care for children
who are in the custody of the Indiana Department of Child Services play an
integral, indispensable, and vital role in the state's effort to care for dependent
children displaced from their homes. The General Assembly further finds that it
is in the best interest of Indiana’s child welfare system to acknowledge foster
parents as active and participating members of this system and to support them
through the following bill of rights for foster parents who care for children in the
custody of the Indiana Department of Child Services through direct approval and
placement by the department:
(1) The right to be treated by the Indiana Department of Child Services and
other partners in the care of abused children with dignity, respect, and trust as a
primary provider of foster care and a member of the professional team caring for
foster children;
(2) The right NOT to be discriminated against on the basis of religion, race,
color, creed, gender, marital status, national origin, age, or physical handicap;
(3) The right to continue with his or her own family values and beliefs, so long
as the values and beliefs of the foster child and the birth family are not infringed
upon and consideration is given to the special needs of children who have
experienced trauma and separation from their families. This shall include the
right to exercise parental authority within the limits of policies, procedures, and
other directions of the Department of Child Services and within the limits of the
laws of the State of Indiana;
(4) The right to receive both standardized pre-service training, including
training in Indiana Department of Child Services policies and procedures and
appropriate ongoing training, by the Indiana Department of Child Services or the
placing agency at appropriate intervals to meet mutually assessed needs of the
child and to improve foster parents' skills and to apprise foster parents of any
changes in policies and procedures of the Indiana Department of Children
Services and any changes in applicable law;
(5) 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 the Indiana Department of Child Services in a timely manner and at
least annually;
(6) The right to receive timely financial reimbursement according to the
agreement between the foster parents and the Indiana Department of Child
Services from funds appropriated by the General Assembly and to be notified of
any costs or expenses for which the foster parent may be eligible for

 reimbursement;
(7) The right to receive information from the Indiana Department of Child
Services on how to receive services and reach personnel 24 hours per day, seven
days per week;
(8) The right prior to the placement of a child to be notified of any issues
relative to the child that may jeopardize the health and safety of the foster family
or the child or alter the manner in which foster care should be administered;
(9) The right to discuss information regarding the child prior to placement. The
Indiana Department of Child Services will provide such information as it
becomes available as allowable under state and federal laws;
(10) The right to refuse placement of a child in the foster home or to request,
upon reasonable notice, the removal of a child from the foster home without fear
of reprisal or any adverse effect on being assigned any future foster or adoptive
placements;
(11) The right to receive any information through the Indiana Department of
Child Services regarding the number of times a foster child has been moved and
the reasons therefor; and to receive the names and phone numbers of the previous
foster parents if the previous foster parents have authorized such release and as
allowable under state and federal law;
(12) The right, at any time during which a child is placed with the foster parent,
to receive from the Indiana Department of Child Services any and all additional
pertinent information relevant to the care of the child;
(13) The right to be provided with a written copy of the individual treatment
and service plan concerning the child in the foster parent's home and to discuss
such plan with the case manager, as well as reasonable notification of any
changes to that plan;
(14) The right to participate in the planning of visitation with the child and the
child's biological family with the foster parents recognizing that visitation with
his or her biological family is important to the child;
(15) The right to participate in the case planning and decision-making process
with the Indiana Department of Child Services regarding the child as provided in
IC 31-34-15-5;
(16) The right to provide input concerning the plan of services for the child and
to have that input considered by the department;
(17) The right to communicate for the purpose of participating in the case of the
foster child with other professionals who work with such child within the context
of the professional team, including, but not limited to, therapists, physicians, and
teachers, as allowable under state and federal law;
(18) The right to be notified in advance, in writing, by the Indiana Department
of Child Services or the court of any hearing or review where the case plan or
permanency of the child is an issue, including initial and periodic reviews held by
the court in accordance with IC 31-24-21-4
(19) The
right to be considered, where appropriate, as a preferential placement option
when a child who was formerly placed with the foster parents has reentered the
foster care system;

 (20) The right to be considered, where appropriate, as the first choice as a
permanent parent or parents for a child who, after 12 months of placement in the
foster home, is released for adoption or permanent foster care;
(21) The right for Long Term foster parent, with assistance of the Indiana
Department of Childe Services to intervene as a party to the proceeding in
accordance with IC 31-24-21-4.5
(22) The right to be provided a fair and timely investigation of complaints
concerning the operation of a foster home;
(23) The right to an explanation of a corrective action plan or policy violation
relating to foster parents; and
(24) The right, to the extent allowed under state and federal law, to have an
advocate present at all portions of investigations of abuse and neglect at which an
accused foster parent is present.