Youth Rights/Resources
Copyright © 2010 Foster Parent Advocacy Foundation Inc. All rights reserved.
YOUTH RIGHTS
YOU HAVE THE RIGHT TO LIVE IN A SAFE, COMFORTABLE HOME WITH:
enough clothes and healthy food
your own place to store your things
an allowance (if you are in a group home)
a phone that you can use to make confidential calls (unless a judge says you cannot)
YOU HAVE THE RIGHT TO:
be treated with respect
go to religious services and activities of your choice send and get unopened mail (unless a judge says someone else can open your mail)
contact people who are not in the foster care system (like friends, church members, teachers, and others)
make contact with social workers, attorneys, probation officers, CASAs, foster youth advocates and supporters, or anyone else involved with your case
be told about your placement by your social worker or probation officer
NO ONE CAN:
lock you in a room or building (unless you are in a community treatment facility)
abuse you physically, sexually or emotionally for any reason
punish you by physically hurting you for any reason look through your things unless they have a good and legal reason
YOU HAVE RIGHTS AT COURT TOO. YOU CAN: go to court and talk to the judge
see and get a copy of your court report and your case plan
keep your court records private, unless the law says otherwise
be told by your social worker or probation officer and your attorney about any changes in your case plan or placement
YOU HAVE HEALTH RIGHTS. YOU CAN:
see a doctor, dentist, eye doctor, or talk to a counselor if you need to
refuse to take medicines, vitamins or herbs (unless a doctor or judge says you must)
YOU HAVE SCHOOL RIGHTS. YOU CAN:
go to school every day
go to after-school activities right for your age and developmental level
YOU HAVE THE RIGHT TO DO SOME THINGS ON YOUR OWN. YOU CAN:
have your own emancipation bank account (unless your case plan says you cannot)
learn job skills right for your age
work, unless the law says you are too young manage the money you earn (if right for your age, developmental level and it’s in your case plan)
go to Independent Living Program classes and activities if you are old enough
YOU HAVE FAMILY RIGHTS TOO. YOU CAN:
visit and contact your brothers and sisters (unless a judge says you cannot)
contact parents and other family members, too (unless a judge says you cannot)
YOU HAVE OTHER RIGHTS TOO. YOU CAN:
tell the judge how you feel about your family, lawyer, and social worker
tell the judge what you want to happen in your case have your own lawyer and a advocate.
live with a family member if that would be a safe place
CONNECTION WITH A CARING ADULT:
You have the right to identify and maintain relationships with appropriate people who are important to you, as long as it’s in your best interest. The intent of current law is that no child shall leave foster care without a permanent, caring relationship with an adult. Talk to your social worker or attorney about who is important to you.
YOU CAN PARTICIPATE IN SOCIAL ACTIVITIES:
You have the right to participate in age-appropriate extracurricular, enrichment, and social activities such as church, school and community activites, sleep-overs with friends, scouting and 4-H, without requiring criminal background checks of chaperones, friends and friends’ parents/supervisors
REMEMBER YOUR RIGHTS
Also remember that the job of a foster parent or group home is to supervise you and keep you safe and healthy.
If you feel you are being discriminated against because of your sex, race, color, religion, or for any other reason, please contact the Foster Care Ombudsman Help-line.
If you are a lesbian, gay, bisexual, transgender or questioning youth, your rights and protections include not being subjected to discrimination or harassment on the basis of your actual or perceived sexual orientation or gender identity.
Things that you should know as a youth in foster care
Lennwood Roberts is 18 years old and has been in foster care for 5 years now. He has experience difficuties with his foster parent not providing clothes and transportation money that he needed. FPA was contacted by him and he was assigned an advocate who wentt to the family team conference and address these issues with the agency. After the meeting he was able to get the clothing and tranportation that he needed for the month. His sister was removed out of the home but Lennwood chose to remained in the home because he is 18 years old and wants to obtain his own apartment through housing. He is now receiving transportation and getting the things that he needs at this time from his foster parent. FPA is still working with him at this time to make sure that he gets the services that he needs from the agency.
Felicia Agosto has been in foster care since she was five years old and now is 18 years old. She is in her first year of college at this time.She has been having issues in her foster home with her foster parent. She is not receiving the transportation that she needs to go to college. The foster parent is not supporting her. She contacted FPA Foundation and a Partnership Coordinator was assigned to help her. At this time she has been removed to another foster home where things are better at this time. Felicia did not have interview clothes to go on job interviews. FPA Foundation Inc provided her with interview clothes that she needed to go on the interviews with. FPA is still working with Felicia at this time to ensure that she gets the services that she needs.
Every youth who is a ward of the state of New York City will have a permanency plan and concurrent plan. A permanency plan is the main focus of a case. It’s the goal that everyone works to achieve in a case. A concurrent plan is an alternate to the primary plan.
A concurrent plan is developed in case the main permanency plan doesn’t work out. The following are different permanency and concurrent plans you could have.
Family Preservation
Family preservation means keeping you with your family instead of placing you in foster care or other out of home placements. Family preservation is the first permanency goal the State will consider if you can live safely in your home.
Reunification
Reunification means returning you to your parents. For any state ward in out of home placement, reunification will be the first permanency goal considered.
Adoption
If you can not be returned to your natural parents, the first alternative the State will look at is adoption. Foster parents or other family members can adopt you if you are a foster child in their care. In order to adopt a foster child, the judge must terminate the parental rights of your biological parents. Adoption must also be in your best interests. If you are over 14, you must
consent (agree) to adoption.
Legal Guardianship
Legal guardianship will usually not be considered a permanency goal until you are 14 years old. Guardianship will be considered when: (1) all efforts to reunify have been exhausted and unsuccessful, or the court ! nds no reasonable efforts are required, (2) all efforts to adopt have been unsuccessful, (3) you are 14 or older and won’t consent to adoption, (4) you have a relationship with prospective guardian and have lived successfully for at least 6 months with the guardian. Legal guardianship does not require termination of parental rights.
Long Term Foster Care
Long term foster care is exactly what it sounds like – the long term plan for
you is to continue to live in the foster home you are currently living in. Long term foster care can be selected as a permanency goal only when all efforts to achieve reunification, adoption or legal guardianship are unsuccessful. You must also have lived successfully in the foster home for at least one year before long term foster care can be selected as the permanency goal.
Independent Living
If you are 16 or older, you must have an independent living plan, however that doesn’t mean independent living is your permanency goal. Independent living is generally only available if you are 16-19 years old and will be considered when it appears that reunification, adoption, legal guardianship and long term foster care are not appropriate permanency goals.
Self-sufficiency with Supports
If you experience disabilities, and you are currently receiving and will continue to need a supervised living situation as an adult, your permanency plan may be self-suffciency with supports. Things to think about when giving your opinion about a permanency option:
1. If you are adopted-or if your guardianship is finalized before you turn 19, you are not eligible for former ward benefits. This is especially important if you plan to attend college because former ward benefits provide you with health insurance and money to live on while you are incollege. If your adoptive parents or guardians are willing and able to help you pay for college, then you might not need former ward benifits
2. Long term foster care- may seem like a good idea because you would be eligible for former ward bene! ts and education vouchers, but long term foster care doesn’t have the certainty that adoption or guardianship has.
3. You can get some benefits for college or training even if you are adopted or get a guardian before you turn 19. If you are adopted or get a guardian after you turn 16, you can get educational training vouchers up to $5000 per year for college tuition.
Walk a mile in my shoes stories by youths in the foster care system.
If you are a youth 13-21 in foster care and would love to share your story. Please send your photo and story to unitedfosterparents@yahoo.com. They deserve better. Help us provide an advocate for a youth to get the services that they need. No child should half to go threw this.
Jelissa Roberts has been in the foster care system for five years. She was in a foster home that she was not being properly taken care of and was afraid to speak up about their foster parent not given her the basic necessities that she needed such as clothes and transportation money to travel. Jelissa was not getting money from the foster parent and was hopping the train and receiving tickets.
The youth did not have the proper clothing and this went on for two years. The caseworker at the agency was not aware of this situation because the youth did not feel comfortable talking to him. She contacted FPA Foundation because they needed help. She was assigned a Partnership Coordinator who advocated for her and Gelissa was removed from the home and place in a better home where she is being taken care of. FPA is still working with Jelissa at this time to make sure that she gets the services that she needs.
Manny Kevinn Lude has been in the foster care system for several years now. He is now out of foster care at age 19 and needs asistance at this time. He is now seeking employment and a place to live at this time. He has obtain his GED but needs furter assistance at this time.
Barbra James- Has been in foster care for over 5 years nows. She is about to turn 21 and the agency has not given her the support services that she and her 3 children needs. Barbra has a disability but it does not stop barbra from taking care of her children.The foster parent has been fighting for Barbra and the agency has been working aganist the foster parent. We need your support and your voice to help aged out youths get the support services that they need.
FPA Support services for Aged out Youths
Young people transitioning out of the foster care system are significantly affected by the instability that accompanies long periods of out-of-home placement during childhood and adolescence. The experiences of these youth place them at a higher risk for unemployment, poor educational outcomes, health issues, early parenthood, long-term dependency on public assistance, increased rates of incarceration, and homelessness.
Approximately 20,000-25,000 young people age out of the foster care system each year, many without family or economic support (Allen, M. & Nixon, R., 2000). According to the 2000 Census, nearly 4 million people ages of 25-34 live with their parents due to economic realities--jobs are scarce, and housing is expensive.
Unfortunately, foster youth do not always have the option of turning to their families for support. Alone, these young people are confronting the harsh reality of the gap between the wages they earn and the cost of housing (White, R., 2003). As a result, youth aging out of the foster care system are becoming homeless at disconcerting rates. Anywhere from 12% to 36% of young people transitioning out of the system experience homelessness (Cook, 1991; Courtney & Pilivian, 1998; Reilly, 2003). As many as 3 in 10 of the nation's homeless adults have a history in foster care (Roman & Wolfe, 1995). Young people aging out of public systems are confronted with critical housing needs that, left unaddressed, have the potential to cause irreparable harm.
In an effort to assist youth in their transitions to adulthood, the Foster Care Independence Act of 1999 established the John Chafee Foster Care Independence Program (Chafee Program), allowing states more funding and flexibility to help young people transition to adulthood. States received increased funding and were permitted to extend Medicaid eligibility to former foster children up to age 21.
Additionally, the Chafee program allows states to use up to 30% of their federal funds to provide room and board services to youth 18-21 years of age. This includes young people who move into independent-living programs, age out, or lose touch with the child welfare agency and then return for assistance before reaching 21 (National Foster Care Awareness Project, 2000).
It's critical that young people are served by programs that will eliminate these hardships. Foster Care youths need programs that help young people age out of foster care with housing, general transition supports, youth engagement, education, and employment and career development.
As a society, we have failed young people aging out of foster care. Their safety and emotional well-being were of paramount concern when they were removed from their parents as younger children. Yet, despite conclusive research showing how vulnerable they are upon discharge from care, these young adults continue to exit the child welfare system to lives of uncertainty, pain, destitution and marginalization. If we do not focus attention and resources on this relatively small community of young people at this crucial transitional moment in their lives, we will continue to incur exponentially greater costs in the form of wasted potential, welfare dependency, homelessness, child abuse, delinquency, crime, victimization, illness and untold sorrow.
Strategies to Improve Outcomes for Youth Aging Out of Care
Education Strategies
Education is known to be the leading predictor of adult success. Education supports are essential to facilitating higher graduation rates of foster care youth from high school and post secondary institutions.The Chafee Education and Training Vouchers Program allots eligible youth up to $5,000 annually that may be used for
post secondary education related expenses. While many states already offer college scholarships to youth in transition, states can receive additional funds by taking advantage of the TRIO educational opportunity outreach programs that aim to support students from disadvantaged backgrounds.
Housing Strategies
Currently, the CFCIP allows states to use up to 30 percent of their federal funds to provide room and board for youth up to age 21, who have aged out of foster care. However, the housing supply is limited because of the high cost of living in many counties, and the lack of availability of suitable housing. According to Roxana Torrico, of the Child Welfare League of America, “the best transitional living programs combine subsidized housing with case management and life skills training.
Healthcare Strategies
Recognizing the specific challenges faced by youth who are exiting foster care, both the federal government and state governments have enacted programs designed to provide a bridge between foster youths’ Medicaid coverage as they transition to adulthood. States have used different ways to extend Medicaid coverage for this population. Many states use the Chafee Option, which allows states to extend Medicaid eligibility to youth aged 18 to 21 who have aged out of foster care. Alternatively, states may also extend coverage by using other state general funds or other Medicaid options to provide coverage
Employment Strategies
According to annual CFCIP state reports, more than 40 states provide employment services to youth, including job readiness training and job-search assistance. Some states also help youth with job placement and ongoing support on the job.
Conclusion
The population of foster youth who are aging out of the foster care system each year is on a steady rise. These young people face many challenges which could potentially derail their successful transition to adulthood. Unemployment, poor educational outcomes, homelessness, and inadequate healthcare are all barriers to success. Moreover, youth are at risk for many negative outcomes that could affect their well-being and could also tax their communities. For example, incarceration and substance abuse produce many unforeseen costs. Given therelatively small number of youth aging out of the foster care system, the total cost of providing services to help
them successfully transition to adulthood is relatively small. Helping these youth become stable and productive citizens will produce substantial social benefits and would reduce the potentially substantial costs to counties if these youth do not succeed.
Federal legislation has created a framework for assisting youth who are aging out of foster care. Since 1985 federal law has recognized that older youth in foster care deserve funding for special programs and services. In that year, the Independent Living Program was added to the Social Security Act.9 In 1999, the law was further amended by the Chafee Foster Care Independence Act (FCIA),10 to respond to the limitations and perceived ineffectiveness of the Independent Living Program. The Chafee Foster Care Independence Act continues to be the central framework for child welfare legislation.
1. The Chafee Bill: Chafee Foster Care
Independence Program (CFCIP) The Foster Care Independence Act, which renamed the Independent Living Program, the Chafee Foster Care Independence Program, expanded eligibility for independent living services
to youth and doubled the funding available to states to provide these services. The CFCIP offers assistance to help current and former foster youth achieve self-sufficiency. Funding is offered to states that submit a plan to assist youth. Under this program, states can use federal funding and matching state dollars to provide
support for youth transitioning from foster care to independent living.
Expands eligibility for independent living services to youth ages 18-21 Provides $140 million in annual funding to states for providing independent living services programs. States are required to contribute 20 percent in matching funds. Many states and localities choose to supplement CFCIP funds with their own dollars, or private funds. To receive funds, states must provide written transitional independent living plans based on the needs of each youth. Gives states flexibility to decide what services they will provide with the funds they receive.
2. The Chafee Education and Training Vouchers Program (ETV) The Chafee ETV program makes financial resources available to meet the post secondary education and training needs of youth aging out of foster care and enrolled in a qualified higher education program. Program Overview: Authorizes $60 million in discretionary payments to states for post-secondary educational and training vouchers for youth who age out of foster care. Provides vouchers up to $5,000.
Why is Advocacy important?
A successful advocate begins with sound, rational policy and seeks to educate the public on the positive aspects of that policy, with the ultimate goal of gaining support and momentum. Advocacy is vitally important to any cause, given the system of democracy inherent in policy-making. If more citizens (and voters) are both aware, and in support of an issue, pressure is placed upon legislators to act on their behalf. A mobilized group of like-minded individuals, organizations, and businesses can have a profound impact on enacting new laws, guidelines, and regulations.
The FPA Foundation Inc holds the practice of advocacy in the highest regard. Dr. Martin Luther King, Jr. once said, “An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.” We feel that this greatly helps to define our view of advocacy. While certain issues will “hit home” with or affect some more than others, the willingness to champion issues for the greater common good is a cause and challenge that must be met. Here at FPA Foundation Inc our cause is to advocate for foster parents and foster youths in the foster care system. We believe that every foster childe should receive adequate services while in foster care. Services that best fits his or her particular needs.
We cannot accomplish our mission alone, however hard we may try. Many advocates both inside and outside of the business world have worked tirelessly to further our cause. Whether it is through writing your local Representative or challenging a business to get involved, no effort is too little. Change can be facilitated by anyone, anywhere. After 3 years, FPA has grown and seen great changes provided to fosterparents in order to help that foster youth receive services.
Many of these changes were brought about through the dedication of advocates whose names may never be written in the paper and whose faces will never be seen on television. These were people who simply chose to “rise above” themselves and take on the “broader concerns of all humanity.” Will you be willing to join them? To join FPA Foundation Inc grassroots advocacy network. Please give us a call at 1-646-402-6133
Irene and Tasha are sibblings and have been in fostercare for several years now due to their mothers death. Both sibblings have a child. Irene is living in a group home and Tasha with a foster family. Tasha came to us because she was having issues with her foster parent not proving what she and her child needed. FPA help her to be moved to another foster home at this time. Irene is in the process of aging out soon and need assitance with her housing for her and her child. We will advocate for her at the group home so that she can get what she services that she needs.
Sylvia Hooper the founder was an adoptive child place back into foster care after her parents pass away at 15. She then went back into the foster care system. Sylvia attended Adelphi college and face many obstacles and challenges. Sylvia has obtained a bachelors in psychology and a Master in Social work. Her mission is to advocate and empower foster youths. "You can do it, no matter what ,just don't ever give up hope".
