Foster and Kinship/Relative Parents' Rights
Foster and kinship/relative parents play a vital role in caring for children who have been removed from their homes. If you are a foster or kinship/relative caregiver in West Virginia, you have the following rights to help you provide safe, stable, and supportive care:
- To be treated professionally and ethically as a primary caregiver, according to your agreement with the Department of Human Services and child placing agency.
- To maintain your own family values and beliefs, as long as they don't interfere with the child's rights or personal beliefs.
- To receive training from the Department of Human Services or child placing agency, as outlined in your agreement, at appropriate times.
- To have 24/7 access to emergency support, as promised in your agreement with the Department of Human Services or child placing agency.
- To be told about any known safety or health concerns related to a child before they are placed in your home - including any behaviors or needs that might affect how you care for the child.
- To receive all known background information about the child before placement - including their health, behavior, family history, and special needs - and to get updates as new information becomes available.
- To receive a written copy of the child's treatment and service plan, to discuss it with the case manager, and to be notified of any changes to the plan. This includes being told in advance if a child will be removed from your home, and why.
- To be given reasonable and timely notice about important meetings and decisions related to the child's care or case plan, and to participate in those processes when the court allows.
- To talk with professionals involved in the child's life, such as doctors, therapists, and teachers, when allowed by the case plan or court.
- To be notified in advance of court hearings or reviews that involve the child's case or permanency plan. Whether you can attend is up to the judge.
- To be informed of the outcome of any investigation into your home and to receive an explanation of any policy violations or actions you need to take.
- To be told how to contact the Foster Care Ombudsman Division and to speak confidentially with us if you feel your rights have been violated - without fear of retaliation or punishment for making a complaint.
- To write a letter or report to the court if you believe your rights have been violated or have concerns about a guardian ad litem (GAL), Department of Human Services staff, or child placing agency. The court may take action based on the concerns you raise.
- To be considered as a permanent parent, if it's in the best interests of the child and the child becomes available for adoption or guardianship.
- To request to become part of the court case (intervene) without fear of retaliation, once the child's parents' rights have been terminated.
- To receive a written copy of these rights and a copy of your agreement with the Department and child placing agency.
If you feel your rights are being violated or you need support, you can contact the Foster Care Ombudsman Division. Your concerns will be taken seriously and handled confidentially.