Foster Parent Rights in Court Proceedings: Understanding NH RSA 170-E:52

+ Court Advocacy Anna L. Elbroch Susan Meagher

+FOSTER PARENT LAW RSA 170-E:50: Collaboration: foster parents play an integral, indispensable, and vital role in DHHS s effort to care for dependent children displaced from their homes - It is in the best interest of DHHS to acknowledge foster parents as active and participating members of this system and to support them through the following foster parent rights, as primary caregivers for children in the care and custody of the state of NH

+FOSTER PARENT RIGHTS (as related to court) RSA 170-E:52 Foster parent shall be treated with consideration and respect Foster parent shall be given timely notice of scheduled meetings and appointments involving the foster child. Foster parent shall: Receive reasonable notice of any changes to the case plan as related to the child Have the ability to request a team meeting to address concerns specific to the child Foster parent shall be given reasonable notice of any plan to remove a child from the foster home, including reason for change Pursuant to RSA 169-C:14, foster parent shall: Receive notice of all court proceedings; May submit written reports; At court s discretion, may attend such hearings and provide oral reports of the child s behaviors, progress, and developmental, educational, and healthcare needs.

+What this law does for you during the court process: Gives you the right to receive written notice of all hearings; Gives you the opportunity to attend hearings, at the discretion of the court; Adoption and Safe Families Act of 1997 (Sec. 104G): foster parents shall get notice of and attend hearings related to the child Abuse and Neglect court protocols state: foster parent shall get notice and be in attendance for review hearings (Chapter 10, Protocol 2) Gives you the opportunity to respectfully request to be heard in court, if allowed to attend.

+What this law doesnt do for you (as related to court proceedings): It does not make you a party to the case (can t call or cross examine witnesses, present or object to evidence); It does not give you the right to an attorney; It does not allow you to provide ex parte communication; It does not provide a specific remedy should the rights not be followed.

+Examples of Letters/Reports to Court Letter 1: Dear Judge: I am the foster parent for Susan. She is great. I love her so much. I wanted to let you know that after each visit with her mom, she wets the bed for two nights. Then, she is fine again. Susan is clearly upset after her visits with her mom and that is why she wets the bed. On every other day, she is able to sleep through the night without any problems. Thank you, Jane Foster

Better Option for Letter 1: Dear Judge Jack: I have been the foster parent for Susan, who is 5 years old, for 6 months. Below I have provided a chart of the visit schedule and Susan s behavior: Date Visit? If so, length. Behavior 9/1/18 Visit for 4 hours. Very difficult to settle for bedtime; wet the bed. No behaviors. 9/2/18 No visit + 9/3/18 No visit No behaviors. 9/4/18 Visit for 2 hours. Very difficult to settle for bed; wet the bed. No behaviors. 9/5/18 No visit 9/6/18 No visit No behaviors. 9/7/18 No visit No behaviors 9/8/18 No visit No behaviors 9/9/18 Visit for 4 hours. Very difficult to settle for bedtime; wet the bed.

+Letter 2: Dear Judge: Greg is my foster child. He has lived with me for 7 months. He is attached to my family. He came on vacation with us to Florida and loved it. He pressed his face against the window on the plane. It was so adorable. He holds my hand every day as we walk to and from the bus stop. He also crawls in my lap every night for his bedtime story. In comparison, when he has visits with his mother, he cries and begs not to have to go. He always runs and jumps in my arms after his visit. Thank you, George Foster

+Better Option for Letter 2: To the Honorable Judy Judge: Please accept this letter as an effort to provide information on Greg s progress from this foster parent s perspective. Foster Placement: Greg is 7 years old. He has been in this foster home since February 1, 2018. Visits with Mother: Greg has visits with his mother, Ms. Paul, for 6 hours every Sunday. I meet Ms. Paul at the Seabrook library at 10:00 a.m. for the visit. Ms. Paul has always met me on time with games, lunch and snacks for the visit. Greg often refuses to let go of my hand at the beginning of the visit. Ms. Paul is patient while I transition Greg to her care. When they begin to play a game or read a book, I leave the library. I wait in the car at the end of the visit. Ms. Paul walks Greg to the sidewalk outside of the library and I walk over to get him. Ms. Paul and Greg always hug at the end of the visit. Ms. Paul tells Greg that she loves him and will see him in one week. Ms. Paul is understandably weepy at the end of each visit. Greg talks about his mother on the way home telling me the games they played and the snacks they ate. During the week, Greg does not discuss his mother even when prompted. Permanency: This foster parent is very willing to provide a permanent home for Greg should reunification not be achieved. Respectfully, George Foster

+Letter 3: Dear Jessica Judge: Christine is 8 years old. Christine loves art. She loves to draw and paint. Otherwise, Christine is a mess. Since the last review hearing, she has been removed from her 3rdgrade classroom 12 times for unsafe behaviors, such as holding a chair above her head, squeezing the teacher s arm, throwing pencils, etc. She also has violent mood swings at home at least weekly. She will scream at the top of her lungs that she hates me and then 5 minutes later will be asking to hug me as though nothing had happened. These are definite signs of pediatric bipolar disorder. The CASA told me that she has seen Christine act like other kids who have bipolar. She said during her last visit with Christine at Burger King, Christine was talking excitedly so fast she couldn t understand her. When the CASA asked her to slow down, Christine ripped the burger to shreds and burst into tears. Christine clearly needs to be medicated as soon as possible before someone gets hurt. Thank you, Fiona Foster

+Better Option for Letter 3: FOSTER PARENT REPORT Re: Christine Johnson, 8 years old Education: Christine attends Main Street Elementary School as a 3rdgrade student. Christine does not receive special education services. A team meeting is scheduled on October 30, 2018 to discuss a recent referral for special education testing. Christine has been removed from the classroom on 12 occasions since the beginning of this school year. This foster parent has received a phone call each time she is removed with an explanation of the incident. The incidents have included: holding a chair above her head, squeezing the teacher s arm and throwing pencils in class. Medical/Mental Health: Christine has an annual medical appointment with her pediatrician on October 15, 2018. A referral has been made by Christine s CPSW to Seacoast Mental Health. An intake appointment is scheduled on December 1, 2018, their first available appointment. This foster parent will be attending both appointments in order to answer any questions the professionals may have regarding Christine s behavior in the home or school. Respectfully Submitted, Fiona Foster

+Letter 4: Dear Judge James: I am writing to you as the foster parent for Jimmy who has been in my care for 18 months. Jimmy is 3 years old. I have only seen Jimmy s case worker one time in the last 3 months. This is the 3rdcase worker we have had assigned because the workers keep leaving. I leave a message each week on Jimmy s progress for the supervisor (who has also changed once) because I never know who the case worker is. Things are changing so quickly for Jimmy. I swear he learns a new word every day. The CASA is a lovely lady and comes every month to play with Jimmy. Jimmy sees his mom twice a month. I don t supervise the visits but I hear from the parent aide that his mom doesn t engage in the visits very much. The parent aide has to show her how to play with Jimmy at his level. On one visit, she brought Monopoly to play with a 3 year old! On another visit, she was an hour late. Thank you, Paul Parent

+Better Option for Letter 4: Foster Parent Report Jimmy s developmental progress and visits: Month Developmental Milestones Jimmy took his first steps Professional Visits Parent Visits January - CASA visit to foster parent home for 1 hour - Pediatric medical appointment for ear infection (foster parent attended) -CPSW,Alex Camps, visited for 15 minutes - January 5th mom was 30 minutes late for 2 hour visit - January 20th mom had 2 hour visit February Jimmy uses the potty 50% of the time. - CASA visit for 1 hour to foster parent home - CPSW, Julie Bean, visit to foster parent home 30 minutes - February 11th 2 hour visit - February 20th mom was 10 minutes late and forgot snacks for visit March Jimmy can identify each letter in the alphabet. - CASA visit for 1 hour to foster parent home - March 3rd mom had 2 hour visit - March 18th mom was 1 hour late for 2 hour visit

+Better Option for Letter 4 Contd Permanency: Jimmy continues to make progress in this foster home. He has developed attachments to his consistent caregivers. This foster parent is absolutely able and willing to provide a stable, permanent home for Jimmy should permanency not be achieved. Respectfully Submitted, Paul Parent

+General Tips for Written Submissions - Get report to the court 14 days prior to the hearing - If report: provide cover letter to the clerk of court (listed on court notice) - If letter: address to clerk of court - Provide name of case, docket number (on court notice) - Always provide the age of child and length of placement - Short, well organized (i.e. use headings, tables) and preferably typed - Provide facts, not opinions - Present first hand accounts, not what others have told you - Focus on the topics listed in the law: behaviors, progress, and developmental, educational, and healthcare needs - Every party is going to get a copy of your report

+General Tips for Oral Presentation Be early for Court Make your presence known to the bailiff/clerk Bring Copy of Your Letter/Report Tell the DCYF Lawyer and Case Worker that you would like to speak during the hearing Stand up when speaking Prepare highlights of your letter/report: Refer to your report/letter Briefly highlight most important points Be RESPECTFUL!