Hello, Foster Parents and Other Advocates for Children,
Attached is a bill proposal concerning foster care. It looks like this bill will be introduced as a late bill this coming session in January, as we have committed sponsors. Either Kay Alexander or Lauri Clapp in the House as Primary Sponsors and Sen. Sue Windels, with Sen Doug Linkhart as backup, in the Senate.
I am currently working hard at taking input. This is the best time for you to have YOUR input recorded into the bill!!! Please concentrate on things that do not cost dollars as that could create a fiscal note.
I am particularly interested in knowing whether foster parents feel it would be okay to ask foster parent candidates to pay for the testing upfront (if not, we will have a fiscal note that might kill the bill) - and how they think the test results should be filed and handled following testing, to assure that the results are kept highly confidential and do not "bite" the foster parent in the back.
We also need to keep the bill simple. The italics in the bill represent current feedback. This bill has been sent to the state, to counties, and to CAFCA, CPA Network, RMCLC, Kempe Center, etc.
I look forward to receiving your input and comments.
Sincerely, Adoree-
Adoree Blair, Children's Advocate
6653 S. Prescott Way
Littleton, Co. 80120
303 798 3881
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Legislative Proposal Concerning Quality Foster Care
THE COLORADO LEGISLATURE RECOGNIZES THAT FOSTER CHILDREN DESERVE TO HAVE LOVING, NURTURING FOSTER CARE ENVIRONMENTS. FOSTER PARENTS SHOULD CLOSELY RESEMBLE THE PROTECTIVE, LOVING PARENTS THAT MOST BIOLOGICAL CHILDREN ENJOY. THERFOR, FOSTER PARENT CANDIDATES SHOULD BE MEASURED FOR IMPORTANT ATTRIBUTES BEFORE THEY ARE LICENSED. THIS POOL OF QUALITY FOSTER PARENTS SHOULD THEN BE PROTECTED AND PRESERVED BY EMPOWERING FOSTER PARENTS TO HELP CREATE GOOD OUTCOMES FOR FOSTER CHILDREN.
1- ALL PERSONS APPLYING TO BECOME FOSTER PARENTS SHALL BE TESTED FOR EMOTIONAL AND FINANCIAL STABILITY, MOTIVATION FOR DOING FOSTER CARE, AND THEIR WILLINGNESS TO ADVOCATE FOR A CHILD’S NEEDS AND BEST INTEREST.
2- ONCE A FOSTER PARENT IS TESTED AND THE LICENSING ENTITY DECIDES TO LICENSE SUCH FOSTER PARENT, THE INFORMATION OBTAINED IN THE TESTS SHALL NOT BE USED IN ANY MANNER AGAINST THE FOSTER PARENT AT ANY LATER DATE.
3- FOR THE PERIOD OF ONE YEAR, NEW FOSTER PARENTS (EXCEPTION: EXTENSIVE BACKGROUND TRAINING OF THE FOSTER PARENT) SHOULD NOT CARE FOR THOSE CHILDREN WITH HIGH NEEDS BEHAVIORS. THEY SHOULD ALSO NOT CARE FOR MORE THAN TWO CHILDREN OR A GROUP OF SIBLINGS. THE FOSTER FAMILY SHOULD REMAIN EMOTIONIALLY AND FINANCIALLY STABLE DURING THIS PERIOD BEFORE PURSUING MORE DIFFICULT PLACEMENTS OF FOSTER CHILDREN.
4- FOSTER FAMILIES SHOULD BE ENCOURAGED TO TAKE A BREAK BETWEEN CHILD PLACEMENTS
5- ALL FOSTER FAMILIES SHOULD RECEIVE IN-DEPTH LEGAL TRAINING, AND SHOULD BE EXPECTED TO ADVOCATE WITHIN THE LEGAL SYSTEM FOR THEIR FOSTER CHILDREN’S NEEDS AND BEST INTERESTS.
6- ALL FOSTER FAMILIES SHALL RECEIVE, WITHIN A WEEK OF A CHILD’S PLACEMENT, THE COURT CASE NUMBER, GAL NAME AND NUMBER, DATES AND TIMES OF FUTURE COURT HEARINGS AND NAME AND ADDRESS OF THE JUDGE/MAGISTRATE HEARING THE CHILD’S CASE.
7- THE COURT, STATE, COUNTIES AND CHILD PLACEMENT AGENCIES (CPAS) SHALL GIVE NOTICE TO THE FOSTER PARENTS OF ALL MEETINGS AND HEARINGS CONCERNING THE CHILD PLACED IN THEIR HOME, AND INVITE THE FOSTER PARENTS TO PARTICIPATE AS FULL MEMBERS OF THE MEETING GROUP.
8- FOSTER FAMILIES SHALL HAVE ONGOING ACCESS TO THEIR FOSTER CHILD’S FILES AT THE DEPARTMENT, CPA, AND COURT, INCLUDING THE FULL HISTORY OF THE CHILD AND FAMILY, IN ORDER TO CARE FOR AND ADVOCATE FOR THE CHILD.
9- FOSTER PARENTS SHALL BECOME A FULL AND INTEGRAL PART OF THE TEAM CHOOSING AN ADOPTIVE FAMILY FOR THEIR FOSTER CHILD, AS THEY KNOW THE CHILD BEST.
THE GENERAL ASSEMBLY RECOGNIZES THAT IT IS OFTEN THE OUTSPOKEN ADVOCATES FOR FOSTER CHILDREN WHO MAY BE IN DANGER OF REPRISAL. IN ORDER TO PROTECT ADVOCATING FOSTER PARENTS FROM SUCH REPRISAL, THE TASK FORCE SHALL ASSURE THAT THE FOLLOWING SHOULD BE IN PLACE:
1- ANY ACCUSED PERSON, INCLUDING A FOSTER PARENT, HAS THE RIGHT TO KNOW OF WHAT HE OR SHE IS ACCUSED. FOSTER PARENTS SHALL RECEIVE A DETAILED, WRITTEN NOTICE OF ANY COMPLAINT FILED AGAINST THEM. SUCH WRITTEN NOTICE SHALL BE GIVEN TO THE FOSTER FAMILY NO LATER THAN IT IS GIVEN TO ANY OTHER PARTY. IF THERE IS SUFFICIENT CAUSE FOR INVESTIGATION OF CHARGES, CHILDREN SHALL BE PROTECTED AS REPORTERS, AND SUFFICIENT DELAY, NO LONGER THAN TWO WEEKS, SHALL ALLOW FOR THAT PROTECTION TO BE IN PLACE.
2- WHEN A FOSTER HOME HAS BEEN OPEN FOR PLACEMENT FOR THREE WEEKS OR LONGER AND THERE HAS BEEN NO PLACEMENT, THE FOSTER PARENTS CAN REQUEST AND SHALL RECEIVE A WRITTEN, DETAILED EXPLANATION.
3- COURTS SHOULD LOOK FOR AND WEIGH POSSIBLE SYSTEMIC RETALIATION AGAINST A FOSTER FAMILY WHEN THAT FAMILY IS IN CONFLICT WITH ANOTHER PARTY ABOUT A FOSTER CHILD’S CASE.
4- A FAIR, SWIFT GRIEVANCE PROCEDURE FOR FOSTER PARENTS SHOULD BE DEVELOPED IN EACH COUNTY, COMPOSED OF COMMUNITY MEMBERS WHO HAVE NO COMMERCE WITH HUMAN SERVICE DEPARTMENTS.
5- POLICE OFFICERS AND OTHERS INVESTIGATING ABUSE AND NEGLECT ALLEGATIONS IN FOSTER HOMES SHALL HAVE TRAINING ABOUT CHILDREN WHO ROUTINELY AND FALSELY REPORT ABUSE, AND THEY SHALL HAVE ACCESS TO A CHILD’S HISTORY OF SUCH REPORTING BEHAVIOR.
6- FOSTER FAMILIES SHALL ROUTINELY BE INVITED, THROUGH THE STATE DEPARTMENT AND CSFPA, TO SIT ON TEAMS THAT ARE GENERATING NEW RULES ABOUT FOSTER CARE FOR VOLUME VII.
7- ALL FOSTER FAMILY INFORMATION, INCLUDING THE LAST NAME AND ADDRESS AND PHONE NUMBER, SHALL REMAIN CONFIDENTIAL UNLESS RELEASED BY THE FOSTER FAMILY. PENALTIES SHOULD BE DETERMINED FOR REVEALING THIS INFORMATION.
THE GENERAL ASSEMBLY IS AWARE THAT THERE HAVE BEEN SOME INSTANCES WHERE FOSTER PARENTS WHO HAVE ATTEMPTED TO INTERVENE IN THEIR FOSTER CHILD’S COURT CASE HAVE BEEN DENIED EITHER THE INTERVENTION OR THE FULL RIGHTS OF THE INTERVENOR. SOMETIMES, THE CHILD HAS BEEN ABRUPTLY MOVED TO DISCOURAGE INTERVENTION. THE GENERAL ASSEMBLY ENCOURAGES THAT THE COURT RECEIVES ALL PERTINENT INFORMATION AND THAT INTERVENING FOSTER PARENTS SHOULD BE EMPOWERED TO USE ALL RESOURCES AVAILABLE TO ENHANCE A POSITIVE OUTCOME FOR THEIR FOSTER CHILD. THEREFOR, THE FOLLOWING LAW IS CLARIFIED:
19-3-507 (5) Parents, grandparents, relatives or foster parents who have the child in their care for more than three months who have information or knowledge concerning the care and protection of the child may intervene as a matter of right following adjudication with or without counsel. SUCH INTERVENING PARTIES HAVE THE RIGHT TO CALL FOR HEARINGS, SUBPOENA AND CROSS-EXAMINE WITNESSES, FILE APPEALS, CALL FOR DISCOVERY AND TO EMPLOY SUCH COURTROOM RIGHTS AS THOSE AVAILABLE TO ALL OTHER PARTIES. THESE RIGHTS APPLY TO ALL GRANDPARENTS, RELATIVES AND FOSTER PARENTS WHO HAVE INFORMATION FOR THE COURT AND HAVE HAD THE CHILD IN THEIR CARE FOR THREE MONTHS OR LONGER, WHETHER OR NOT THE CHILD IS CURRENTLY IN THE PHYSICAL CUSTODY OF SUCH INTERVENOR.
· THE STATE DEPARTMENT, IN CONJUNCTION WITH THE COUNTIES, THE CPA NETWORK, THE DEPARTMENT OF MENTAL HEALTH AND AN EQUAL NUMBER OF FOSTER PARENTS THROUGH THE COLORADO STATE FOSTER PARENT ASSOCIATION, SHALL WORK TOGETHER TO PROMULGATE RULES AND REGULATIONS REGARDING IMPLEMENTATION OF THE POINTS IN THIS BILL. THE GROUP SHALL ALSO BE RESPONSIBLE FOR CREATING SANCTIONS FOR STATE, COUNTY, AND CPA PERSONNEL WHO DO NOT FOLLOW THE ELEMENTS IN THIS BILL. THIS GROUP OF PEOPLE WILL VOLUNTEER THEIR TIME AND PROFESSIONAL RESOURCES AND SHALL BE RESPONSIBLE FOR CREATING FUNDING SOURCES TO COVER THE COSTS OF SUCH IMPLEMENTATION. THIS GROUP SHALL REPORT BACK TO THE GENERAL ASSEMBLY NO LATER THAN _____________________.
--ENACTMENT DATE--
