What rights do foster parents have?

As a foster parent, you have one of the hardest jobs in the child welfare system. And often, you may feel like you don’t have much say in anything as it relates to your role in the child’s life. While it’s true that foster parents have limited rights, it’s equally as important to know what rights you DO have. Especially because they are rarely ever talked about. For example, foster parents in Wisconsin who have a child placed in their home for more than six months are entitled to written notice of a change of placement. This written notice is statutorily required to be at least 30 days before the scheduled removal. You also have the right to object to the change of placement but must do so within 10 days of receiving the written notice. Per statute, the child may not be removed from your care until after the evidentiary hearing or 30 days from the notice – whichever comes later. There are some exceptions to be aware of. Some of your other rights pertain to the actual court proceedings. You are entitled to notice of all hearings before the court as it relates to your foster child. If you are not receiving these notices, this should be remedied immediately. The most important thing to know about the legal proceedings is you have a right to be heard at these hearings. This can either be in a written statement before the hearing by submitting something to the court or making an oral statement at the hearing itself. Often, foster parents are afraid to speak up in the legal proceedings but this is likely the only time you’ll be in front of the court for the next six months. If you are not asked if you want to make a statement, you are allowed to speak up and assert your right to be heard. It is a foster parents duty to advocate for the child in their home and a court proceeding is a way to have your voice be heard in front of all the key players. Foster parents also have the right to hire an attorney to help exercise the rights explained above and more. Chapter 48, the Children’s Code, is a lengthy but useful resource to know more about your rights. At Petit & Dommershausen we can help foster parents understand their rights to visitation, custody, adoption, or other relationships that may be in the foster child’s best interests, and if necessary, we can help them advocate in the child’s CHIPS or TPR proceedings.

If you need help with this process, please contact Petit & Dommershausen today and speak to one of our experienced family law attorneys. With three convenient locations in Oshkosh, the Appleton area, and Green Bay, we serve all of northeast Wisconsin including Outagamie, Winnebago, Waupaca, Calumet, Brown, Oconto, Marinette, and Fond do Lac counties.