§ 19-3-210.5 — Foster parents' bill of rights

Colorado § 19-3-210.5

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Dependency and Neglect

Text

(1) A foster parent has the right to:

(a) Be treated with dignity, respect, and consideration as a team member
who is making important contributions to the objectives of the child welfare system,
including the reunification of the foster child or youth with the foster child's or
youth's parents or family members, whenever safely possible;

(b) Promote the reasonable and prudent parent standard for the child or
youth and the continuance of positive family patterns and routines to the extent
possible without interfering with court-ordered family time or services required
pursuant to section 19-3-208;

(c) Receive training and support from the state department or county
department of human or social services to improve the foster parent's skills in
providing daily care and meeting the special needs or disability-related needs of a
child or youth in the foster parent's care;

(d) Be informed by the child placement agency and county department of
human or social services about how to reach after-hours contacts;

(e) Receive timely financial reimbursement for the foster parent's care of a
child or youth;

(f) Take leave from foster parenting by planning ahead with the foster
parent's child placement agency or county department of human or social services
to ensure that the needs of the child or youth in the foster parent's home are met
during the foster parent's leave if the foster parent's leave will be longer than that
allowed through respite;

(g) Assurances with respect to the foster parent's family's health or safety;

(h) Be provided a clear and understandable description of a child placement
agency's plan concerning the placement of a child or youth in the foster parent's
home;

(i) (I) Request only the information that is necessary to meet the foster
child's or youth's physical, mental, emotional, behavioral, or other identified trauma-related needs pursuant to section 19-1-303 (11), including:

(A) Relevant portions of the foster child's or youth's mental health and
medical records, subject to any privilege or confidentiality standard recognized or
governed by state or federal law;

(B) Relevant portions of the foster child's or youth's educational records,
subject to any privilege or confidentiality standard recognized or governed by state
or federal law;

(C) Relevant information in the family services plan to ensure the safety,
permanency, and well-being of the foster child or youth, including any safety issues
that impact the foster parent's ability to parent the foster child or youth;

(D) Relevant information about the circumstances related to the removal of
the foster child or youth from the foster child's or youth's home, subject to any
privilege or confidentiality standard recognized or governed by state or federal law;
and

(E) Relevant information concerning child or youth placement history,
including safety concerns and reasons for unplanned placement moves, subject to
any privilege or confidentiality standard recognized or governed by state or federal
law.

(II) The foster parent shall maintain the confidentiality of any information
obtained pursuant to section 19-1-303 (11).

(j) Reasonable notice of any change in a child's or youth's case plan or of
plans to terminate the placement of the child or youth with the foster parent and
the reasons for the change or termination of placement. The right to reasonable
notice does not confer a right to object to the child's or youth's case plan or plans
to terminate the placement.

(k) Upon request, be advised by the county department of human or social
services as to the date and time of any court proceeding, the name of the judge or
magistrate assigned to the case, and the court's docket number for the foster child
or youth in the foster parent's placement that the case pertains to;

(l) Be notified when a foster child or youth who a foster parent previously
cared for reenters the foster care system; except that the consideration is not a
legal presumption in favor of the foster parent fostering the child or youth again
and must be consistent with the best interest of the child or youth; and

(m) Have access to the existing grievance process with the appropriate
licensing authority and, as part of such process, file a grievance if any of the foster
parent's rights have been violated or denied.

(2) Respondent parents are entitled to receive any information or records
provided to a foster parent pursuant to this section unless a court orders the
information or records restricted due to the health or welfare of the child or youth.

(3) The rights enumerated in subsection (1) of this section do not apply to a
foster parent who jeopardizes the safety of a child or youth or a foster parent
against whom criminal charges have been filed for child abuse, as specified in
section 18-6-401, an unlawful sexual offense, as defined in section 18-3-411, or any
felony.

Legislative History

Source: L. 2022: Entire section added, (HB 22-1231), ch. 151, p. 966, � 1, effective August 10. L. 2023: (1)(b) amended, (HB 23-1027), ch. 284, p. 1682, � 14, effective June 1.