Legal Rights of a Child in Care

In 2001, California enacted the following Bill of Rights, along with a provision in its Health and Safety Code, requiring foster care providers to provide age-appropriate counseling and a Children`s Bill of Rights to every school-aged child and their authorized representative. In addition, any institution authorized to care for six or more children placed in foster care must publish these rights in the form of posters provided by the State Ombudsman (Article 1530.91). The rights are enumerated in the Law on Social Welfare and Institutions (Article 16001.9) as follows: The Convention explains who children are, all their rights and the responsibilities of governments. All rights are interdependent, they are all of equal importance and they cannot be taken away from children. 13. adequate notice of any changes or additions to the services provided to the child in accordance with the child`s individual treatment and service plan; 1. States Parties recognize the right of the child to freedom of association and assembly. (2) Be accepted as a valued member of a team responsible for the care and planning of a foster child in the foster parent`s home. 1. States Parties recognize that every child has an inherent right to life.

2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment based on the situation, activities, opinions expressed or beliefs of his or her parents, legal guardians or family members. 5. Be subject to disciplinary measures appropriate to the maturity of the child. 19. Treatment of emotional, mental or chemical dependence separately from the adults receiving the services as scheduled and discussed with the placement agent and the child`s social worker, as this is financially appropriate for the foster parent. Lists the following rights for children placed outside their homes: Georgian law requires those in many professions to report suspected cases of child abuse. These include: (11) meaningful participation in a transition plan for those leaving foster care, including participation in family teams, treatment teams, court and school meetings. (15) The right to communicate with professionals working with the child in foster care, including but not limited to therapists, doctors and teachers working directly with the child. (2) Benefits should be granted taking into account, where appropriate, the resources and circumstances of the child and the persons responsible for his or her maintenance, as well as any other considerations relevant to an application for benefits made by or on behalf of the child. (12) An environment that maintains and reflects the child`s culture as far as possible.

(25) The possibility of lodging a complaint concerning any of the provisions of this article with the competent officer responsible for supervising the care of the child in accordance with the policy and complaint procedure of a district or private authority. Declares the intention of the legislator that children in foster care receive ongoing educational services, that they are supported to remain in their school, that they are placed in the least restrictive educational environment possible and that they have the same access to school resources, services and extracurricular activities as all other children. recommends that teachers, representatives of ministries of social services and education, district courts, lawyers, public defenders, service providers, parents and guardians work together to ensure continuity of children`s education. Each school district must designate a foster home to ensure timely enrolment of foster children, assist foster children transition to schools, and expedite the transfer of academic records. Requires the ministry to provide the school with information on health and safety issues affecting foster children. Requires the school district to recognize the rights of foster parents when making educational decisions for children. Clarifies that a child`s grades in foster care cannot be lowered due to absences from school due to a change in the child`s enrolment or due to a child`s participation in court proceedings for neglect of dependency or court-ordered advice or treatment. States Parties shall take all appropriate measures at the national, bilateral and multilateral levels to prevent the abduction, sale or trafficking of children for any purpose or in any form. 2. States Parties shall respect the rights and obligations of parents and, where appropriate, legal guardians to instruct the child in the exercise of his or her rights in a manner consistent with his or her developmental capacities. 15.

Attend age-appropriate listing and permanency planning meetings and receive a copy or summary of each list and review of the list. The child can ask someone to participate on their behalf or to assist them in their participation. (2) The person caring for a child in foster care shall apply an appropriate and prudent standard of parenthood within the meaning of paragraph 2 of paragraph 2. States Parties undertake to provide the child with the protection and care necessary for his or her well-being, taking into account the rights and obligations of his or her parents, legal guardians or other persons legally responsible for the child, and shall take all appropriate legal and administrative measures to that end. (2) Such protective measures should include: where appropriate, effective procedures for the establishment of social programmes to provide the necessary support to the child and his or her guardians, as well as for other forms of prevention, and for the identification, reporting, referral, investigation, treatment and follow-up of the cases of child abuse described above; and, where appropriate, the involvement of the judiciary. Every child has the right to rest, relax, play and participate in cultural and creative activities. Governments must ensure that children are not abducted, sold or taken to other countries or places for exploitation. (c) Exploitation of children in pornographic performances and materials.

The new 2014 federal sex trafficking prevention and family empowerment legislation (H.R. 4980) now requires state child protection agencies to: 4. Be informed of any information about the child that affects the foster home or family life while the foster child is in care. 1. A child who is temporarily or permanently deprived of his or her family environment or whose best interests cannot subsist in that environment shall be entitled to special protection and assistance from the State.

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