25 LC 48 1421
House Bill 256
By: Representatives Wiedower of the 121
st
, Gullett of the 19
th
, Efstration of the 104
th
, Clifton
of the 131
st
, Hatchett of the 155
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to
1
programs and protection for children, so as to revise provisions relating to the foster parents2
bill of rights; to provide for definitions; to provide that such rights include relative caregivers3
and fictive kin; to provide for the development of administrative procedures; to provide for4
related matters; to provide for an effective date; to repeal conflicting laws; and for other5
purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and9
protection for children, is amended in Code Section 49-5-41, relating to persons and agencies10
permitted access to records, by adding a new subsection to read as follows:11
"(h) As used in this Code section, the term 'foster parent' shall have the same meaning as
12
in Code Section 49-5-281."13
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SECTION 2.
14
Said chapter is further amended by revising Code Section 49-5-281, relating to bill of rights15
for foster parents and grievances for violations, as follows:16
"49-5-281.17
(a) As used in this Code section, the term:
18
(1) 'Certified volunteer advocate' means an individual approved as a volunteer advocate19
by the Office of the Child Advocate for the Protection of Children.20
(2) 'Fictive kin' shall have the same meaning as in Code Section 15-11-2.21
(3) 'Foster parent' means foster parents, relative caregivers, and fictive kin who provide22
care for children in the custody of the Division of Family and Children Services of the23
Department of Human Services.24
(4) 'Reasonable and prudent parent standard' shall have the same meaning as in Code25
Section 49-5-3.26
(5) 'Relative caregiver' means a grandparent, great-grandparent, aunt, uncle, great aunt,27
great uncle, cousin, sibling, stepparent, or stepsibling who has assumed responsibility for28
raising a child in an informal, noncustodial, or guardianship capacity.29
(b) The General Assembly finds that foster parents providing care for children who are in30
the custody of the Department of Human Services play an integral, indispensable, and vital31
role in the state's effort to care for dependent children displaced from their homes. The32
General Assembly further finds that it is in the best interest of Georgia's child welfare33
system to acknowledge foster parents these caregivers as active and participating members34
of this system and to support them through the following bill of rights for foster parents35
who care for children in the custody of the Department of Human Services through direct36
approval and placement by the department:37
(1) The right to be treated by the Division of Family and Children Services of the38
Department of Human Services and other partners in the care of abused children with39
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dignity, respect, and trust as a primary provider of foster care and a member of the
40
professional team caring for foster children
children in foster care;41
(2) The right not to be discriminated against on the basis of religion, race, color, creed,42
gender, marital status, national origin, age, or physical handicap;43
(3) The right to continue with his or her own family values and beliefs, so long as the44
values and beliefs of the foster child and the birth family are not infringed upon and45
consideration is given to the special needs of children who have experienced trauma and46
separation from their families. This shall include the right to exercise parental authority47
within the limits of policies, procedures, and other directions of the Division of Family48
and Children Services and within the limits of the laws of the State of Georgia;49
(3.1) The right to use a reasonable and prudent parent standard when determining the50
ability of a child in foster care to engage in extracurricular, enrichment, cultural, social,51
or skill-building activities;52
(4) The right to receive both standardized pre-service training, including training in53
Division of Family and Children Services policies and procedures and appropriate54
ongoing training, by the Division of Family and Children Services or the placing55
child-placing agency at appropriate intervals to meet mutually assessed needs of the child56
and to improve foster parents' skills and to apprise foster parents of any changes in57
policies and procedures of the Division of Family and Children Services and any changes58
in applicable law;59
(5) The right to be apprised of, and to seek out from independent sources, information,60
laws, and guidelines on the obligations, responsibilities, and opportunities of foster61
parenting and to be kept informed of any changes in laws, policies, and procedures62
regarding foster parenting by the Division of Family and Children Services in a timely63
manner and at least annually;64
(6) The right to receive timely financial reimbursement according to the agreement65
between the foster parents and the Department of Human Services from funds66
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appropriated by the General Assembly and to be notified of any costs or expenses for
67
which the foster parent may be eligible for reimbursement;68
(7) The right to receive information from the Division of Family and Children Services69
on how to receive services and reach personnel 24 hours per day, seven days per week;70
(8) The right prior to the placement of a child to be notified of any issues relative to the71
child that may jeopardize the health and safety of the foster family or the child or alter72
the manner in which foster care should be administered;73
(9) The right to discuss information regarding the child prior to placement. The Division74
of Family and Children Services will provide such information as it becomes available75
as allowable under state and federal laws;76
(10) The right to refuse placement of a child in the foster home or to request, upon77
reasonable notice, the removal of a child from the foster home without fear of reprisal or78
any adverse effect on being assigned any future foster or adoptive placements;79
(11) The right to receive any information through the Division of Family and Children80
Services regarding the number of times a foster child has been moved and the reasons81
therefor; and to receive the names and phone numbers of the previous foster parents if the82
previous foster parents have authorized such release and as allowable under state and83
federal law;84
(12) The right, at any time during which a child is placed with the foster parent, to85
receive from the Division of Family and Children Services any and all additional86
pertinent information relevant to the care of the child;87
(13) The right to be provided with a written copy of the individual treatment and service88
plan or case plan created pursuant to Code Section 15-11-201
concerning the child in the89
foster parent's home and to discuss such plan with the case manager, as well as reasonable90
notification of any changes to that plan;91
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(14) The right to participate in the planning of visitation with the child and the child's
92
biological family with the foster parents recognizing that visitation with his or her93
biological family is important to the child;94
(15) The right to participate in the case planning and decision-making process with the95
Division of Family and Children Services regarding the child as provided in Code Section96
15-11-201;97
(16) The right to provide input concerning the plan of services for the child and to have98
that input considered by the department;99
(17) The right to communicate for the purpose of participating in the case of the foster100
child with other professionals who work with such child within the context of the101
professional team, including, but not limited to, therapists, physicians, and teachers, as102
allowable under state and federal law;103
(18) The right to be notified in advance, in writing, by the Division of Family and104
Children Services or the court of any hearing or review where the case plan or105
permanency of the child is an issue, including initial and periodic reviews held by the106
court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel107
in accordance with Code Section 15-11-217, hearings following revocation of the license108
of an agency which has permanent custody of a child in accordance with Code Section109
31-2-6, and permanency plan hearings in accordance with Code Section 15-11-230;110
(19) The right to be considered, where appropriate, as a preferential placement option111
when a child who was formerly placed with the foster parents has reentered the foster112
care system;113
(20) The right to be considered, where appropriate, as the first choice as a permanent114
parent or parents for a child who, after 12 months of placement in the foster home, is115
released for adoption or permanent foster care;116
(21) The right to be provided a fair and timely investigation of complaints concerning117
the operation of a foster home;118
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(22) The right to an explanation of a corrective action plan or policy violation relating
119
to foster parents; and
120
(23) The right, to the extent allowed under state and federal law, to have an advocate121
present at all portions of investigations of abuse and neglect at which an accused foster122
parent is present. Child abuse and neglect investigations shall be investigated pursuant123
to Division of Family and Children Services policies and procedures, and any removal124
of a foster child shall be conducted pursuant to those policies and procedures. The125
Division of Family and Children Services will permit volunteers with the Adoptive and126
Foster Parent Association of Georgia to be educated concerning the procedures relevant127
to investigations of alleged abuse and neglect and the rights of accused foster parents. 128
After such training, a volunteer will be permitted to serve as an advocate for an accused129
foster parent. The right to be provided a fair, timely, and impartial investigation of130
complaints concerning the foster parent's licensure, to be provided the opportunity to131
have a certified volunteer advocate of the foster parent's choosing present during the132
investigation, and to be provided due process during the investigation; the right to be133
provided the opportunity to request and receive mediation or an administrative review of134
decisions that affect licensing parameters, or both mediation and an administrative135
review; and the right to have decisions concerning a licensing corrective action plan136
specifically explained and cited to the licensing standards violated. All communication137
received by the certified volunteer advocate in this capacity shall be strictly confidential.;138
(24) The right to request that a certified volunteer advocate be present at all meetings139
with the department where the foster parent is present, including, but not limited to,140
individual treatment and service planning, administrative hearings, the grievance and141
mediation process, the adoption process, and any meetings relating to an allegation142
process. All communication received by the certified volunteer advocate in this capacity143
shall be strictly confidential;144
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(25) The right to be free from retaliation or discrimination based upon the filing of any145
complaint or grievance with the Division of Family and Children Services; and146
(26) The right to seek and obtain independent legal advice and counsel regarding the147
foster parent's status.148
(b)(c) This bill of rights shall be given full consideration when Division of Family and149
Children Services policies regarding foster care and adoptive placement are developed.150
(c)(d) Foster parents who care for children in the custody of the Department of Human151
Services through direct approval and placement by the department shall have the right to152
file a grievance in response to any violation of this article, which shall be such foster153
parents' exclusive administrative remedy for any violation of this article. The Division of154
Family and Children Services and the Office of the Child Advocate for the Protection of155
Children, along with an advisory committee comprised in part of representatives from the156
Adoptive and Foster Parent Association of Georgia, who provide private placements foster157
parent advocacy organizations will develop a grievance procedure, including a mediation158
procedure and an administrative procedure, to be published in departmental policy manuals159
and the Foster Parent Handbook no later than July 1, 2005 2025.160
(d)(e) The General Assembly further finds that it is also in the best interest of Georgia's161
child welfare system for the Division of Family and Children Services of the Department162
of Human Services to recognize the bill of rights, with reasonable modifications made to163
adapt the provisions as required to make them applicable to private agencies, by164
incorporating them into contracts with private agencies serving children in the custody of165
the Department of Human Services. The Department of Human Services shall, by contract,166
require that providers, with whom it contracts for the placement of children in its custody,167
give full consideration to the rights in subsection (a) (b) of this Code section in developing168
their policies, practices, and procedures regarding foster care and adoptive placement. The169
department shall provide information needed by the contractors to meet the requirements170
of this subsection in a timely manner.171
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(e)(f) The Department of Human Services, in consultation with appropriate provider172
associations and the Adoptive and Foster Parent Association of Georgia foster parent173
advocacy organizations, shall develop a grievance procedure for dealing with any174
grievances their foster parents have in response to any violation of this article, no later than175
July 1, 2007 2025. The department shall enforce this provision through policies and176
procedures and through its contracts with providers."177
SECTION 3.178
This Act shall become effective upon its approval by the Governor or upon its becoming law179
without such approval.180
SECTION 4.181
All laws and parts of laws in conflict with this Act are repealed.182
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