Foster Parents Rights

Foster Parents may have certain rights in the relationship, custody and visitation of a foster child. They may not have the same rights that a parent has, or a relative. But they do indeed have rights. Many times I’m confronted with foster parents who have been told by a county social worker that they do not have rights, and that is simply not true.

Generally, the foster parent may be losing the foster child, because the social worker has decided to move the child to another foster home. This may be able to be stopped.

Or, the foster parent may be losing the child, because the social worker has decided to move the child to a blood relative. This may be able to be stopped.

Or, the foster parent may be losing the child, because the social worker has decided to return the child to a parent.

 

The key things that the foster parent must file are:

  1. De Facto Motion
  2. 388 petition
  3. 827 petition
  4. Petitions for legal guardianship, both temporary and permanent.

But it should be noted that the filing of these documents is about 40 percent of the work; and not even the most important part. The most important part for this to be successful is the representation you receive at the hearings or mini trials for these proceedings.

Sometimes concurrently with this, the State of California initiates administrative court proceedings to discipline a foster parent, or to revoke the foster parents’ license or certification. These proceedings are not in the Juvenile Court, but in the Office of Administrative Hearings, located around the state.

These hearings are special administrative hearings, and are usually prosecuted by the State Attorney General’s Office, and/or the State Community Licensing Department’s Legal Department. I recommend that you not try to represent yourself; there are special rules of procedure and evidence which can apply to these proceedings.

Please call me for a consultation regarding your foster care situation. 888 888 6582.

You may also like…

How Long Do CPS Workers Have to Complete Their Investigation in California?

How Long Do CPS Workers Have to Complete Their Investigation in California?

If Child Protective Services has contacted your family, one of the first questions on your mind is probably how long the investigation will last. In California, CPS agencies generally have 30 calendar days to complete a child abuse or neglect investigation from the date of initial face-to-face contact.

How Late Can CPS Come to Your House in California?

How Late Can CPS Come to Your House in California?

California law places no time restrictions on CPS home visits. Under Welfare and Institutions Codes, Child Protective Services must maintain emergency response capabilities 24 hours a day, seven days a week, giving social workers legal authority to arrive at any hour. However, Fourth Amendment protections still apply, meaning CPS cannot force entry without your consent, a warrant, or genuine emergency circumstances involving imminent danger.

Can CPS Drug Test Your Child in California?

Can CPS Drug Test Your Child in California?

The short answer is no, not without your child’s consent and a court order. Under California law, Child Protective Services cannot force a drug test on your child during an investigation without judicial authorization. Los Angeles County DCFS policy explicitly states that drug testing of youth in foster care is voluntary, and minors must consent before any testing occurs.