In my previous blog I promised to post the Wisconsin Foster Parents Bill of Rights that we are trying to get introduced into the legislature. Opinions?

Wisconsin Foster Parent Bill of Rights
- DRAFT -
Foster parent rights. A foster parent’s rights include, but are not limited to, the following:

(1) The right to be treated with consideration, dignity and respect as a professional member of the child welfare team.

(2) The right to be given standardized pre-service and appropriate ongoing training to meet mutually assessed needs to improve the foster parent’s skills. The right to training in regard to accessing support, information, and the rights and responsibilities of foster parents.

(3) The right to be given the name of the contact person and the name of the appropriate child placing agency along with phone numbers for each, to receive information and assistance in accessing supportive services for children in the foster parents care; and a Foster Parent Hotline to receive immediate help accessible 24 hours a day, 7 days a week.

(4) The right to receive timely, adequate reimbursement commensurate with the qualifications of the foster parents and the care needs of the child as specified in the service plan along with regular rate reviews. The right to be informed about supplemental and exceptional rates, the procedure to determine these rates, and the documentation needed to increase or access these rates. The right to written notification of any costs or expenses which a foster parent may be eligible for reimbursement.

(5) The right to refuse any placement or ask to have a child removed when absolutely necessary with appropriate written notification to the agency without threat of reprisal. (Statute regarding time of notification)

(6) The right to be given all available pertinent information regarding the child and the child’s family as it relates to the care and needs of the child at/or before the time of placement; The placing agency shall inform the foster parent of issues relative to the child that may jeopardize the health and safety of the foster family or alter the manner in which foster care should be administered. (Placement form #?)

(7) The right to be given timely and consistent, updated information as it becomes available at any time during which a child is placed with the foster parent that is relevant to the care of the child.

(8) The right to be provided a clear, written understanding of the agency’s placement and permanency plan concerning the foster child. This would include the reasons for the child entering care, issues hampering return home, medical and psychological issues of the child, what the plan is and how the agency proposes to accomplish it. It must include a clear understanding of the roles and responsibilities of the foster parents, the agency and the birth parents.

(9) The right to be notified in a timely manner of all scheduled meetings concerning the foster child in order for the foster parent to actively participate in the case planning and decision-making process regarding the child, including staffings, individual service planning meetings, administrative reviews, interdisciplinary staffings, and individual educational planning meetings. The right to provide input concerning the plan of services for the child and to have that input given full consideration in the same manner as information presented by any other professional on the team; and the right to communicate with other professionals who work with the foster child within the context of the team, including the case manager, case supervisor, the Guardian ad litem, the district attorney, therapists, physicians, and teachers.

(10) The right to be notified in a timely and complete manner of all court hearings including the date, time, name of the judge or court commissioner hearing the case, the location of the hearing, and the court docket number of the case; and the right to provide written and/or verbal testimony (Statute #) as to the permanency plan & services for the child and to have that input be given full consideration in the same manner as information presented by any other team member.

(11) The right to be informed of decisions made by the court and be given a copy of the Court Orders as they pertain to the foster child in your care.

(12) The right to be given reasonable written notice of any change in a child’s case plan, plans to terminate the placement of the child with the foster parent (Statue #), and the reasons for the change or termination in placement. The notice shall be waived only in cases of a court order or when the foster child is determined to be at imminent risk of harm.

(13) The right to be given a written schedule of visits and timely notification of changes or cancellations.

(14) The right to be considered as a possible first choice for a placement option when a foster child who was formerly placed with the foster parent is to be re-entered into foster care, if that placement is consistent with the best interest of the child and other children in the foster parent’s home. The right to be considered as the adoptive placement should the permanency plan to become TPR and adoption.

(15) The right to be given a written explanation of the agencies existing independent investigation process regarding allegations against the foster parent along with an explanation of the appeal process; the right a fair and impartial hearing to have any or all unsubstantiated allegations removed from the foster parents record when the allegations have been deemed to be false.


(16) The right to a fair, timely, and impartial independent investigation of allegations or complaints concerning the foster parent’s licensure; the right to have a person of the foster parent’s choosing present during the investigation; the right to be provided due process during the investigation; the right to be provided the opportunity to request and receive mediation or an administrative review of decisions that affect licensing parameters, or both mediation and an administrative review; and the right to have decisions concerning a licensing corrective action plan specifically explained and tied to the licensing standards; the right to have all records sealed immediately when an allegation has been made to guarantee that records will not be altered by agency staff before, during or after an independent investigation. (State statute/rule) The right to have any children “lost” during an allegation investigation returned, once a claim has been ruled unsubstantiated.


(17) The right to have written notification of the State agency’s and child placement agency’s appeals process; the right to timely access of the appeals process; the right to a fair and impartial hearing regarding decisions and issues related to licensure of the foster home and foster children in the home; the right to be heard by an oversight committee comprised of fair and impartial investigators and foster parent peers when a foster parent believes any rights in this Bill have been violated; the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal.

(18) The right to be given a clear, comprehensive foster parent handbook which includes all information relevant to foster care and the care of foster children including this Bill of Rights, phone numbers, procedures, and policies. The right to receive training on the contents of such a handbook.

(19) The right to open, timely access to your complete foster home record and to all information placed in your foster home record by agency and licensing staff immediately upon placement and the opportunity to review your foster home record whenever the foster home feels it necessary; the right to accept or decline authorization of all foster home information to be placed in the WISACWIS system to protect the foster home’s right to privacy; the right to appeal information in a foster home record when a foster parent deems it to be inaccurate. (State statute/rule)

(20) The right to yearly respite period; free from placement of foster children. This respite is to be reimbursed by the placing agency with the allotted amount of time to be determined by the State agency and the placing agency. The foster parent is to be notified of the amount of respite time available and the proper procedure to obtain such respite care.

(21) The right to not to be discriminated against on the basis of religion, race, color, creed, sex, national origin, age, sexual orientation, or physical handicap.

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