HB 5418

Abstract

Amends the Foster Children's Bill of Rights Act. Expands the list of rights under the Foster Children's Bill of Rights to include: (i) the right to participate in a formal intake process immediately after placement in the custody or guardianship of the Department of Children and Family Services during which the youth will be instructed on inappropriate acts of affection, discipline, and punishment by guardians, foster parents, foster siblings, or any other adult responsible for the youth's welfare; (ii) the right to have access to intervention and counseling services within the first 24 hours after removal from the home in order to assess whether the youth is exhibiting signs of a post-traumatic stress disorder, special needs, or mental illness; (iii) the right to have monthly assessment visits with a staff member of the Department's Division of Child Protection to determine the youth's well-being and emotional health following placement, to determine the youth's relationship with his or her guardian or foster parent or with any other adult responsible for the youth's welfare, and to determine what forms of discipline, if any, the youth's guardian or foster parent or any other responsible adult uses to correct the youth; (iv) the right to be gradually transitioned out of foster care and not systematically aged out of State care; (v) the right to be enrolled in an independent living program prior to his or her transition out of foster care where the youth will receive phased in classes and instruction on independent living and self-sufficiency in the areas of employment, finances, meals, and housing as well as help in developing life skills and long-term goals; and (vi) the right to be assessed by a third-party entity or agency prior to enrollment in any independent living program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition to adulthood. House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Foster Children's Bill of Rights Act. Expands the list of rights under the Foster Children's Bill of Rights to include the following: (1) The right to participate in an age and developmentally appropriate intake process immediately after placement in the custody or guardianship of the Department of Children and Family Services, during which, the Department shall: (i) provide the youth a document describing inappropriate acts of affection, discipline, and punishment by guardians, foster parents, foster siblings, or any other adult responsible for the youth's welfare; and (ii) review and discuss the document with the child. (2) The right to participate in appropriate intervention and counseling services after removal from the home of origin in order to assess whether the youth is exhibiting signs of traumatic stress, special needs, or mental illness. (3) The right to receive a home visit by an assigned child welfare specialist, per existing Department policies and procedures, on a monthly basis or more frequently as needed. (4) The right to be enrolled in an independent living services program prior to transitioning out of foster care where the youth shall receive classes and instruction, appropriate to the youth's age and developmental capacity, on independent living and self-sufficiency in the areas of employment, finances, meals, and housing as well as help in developing life skills and long-term goals. (5) The right to be assessed by a third-party entity or agency prior to enrollment in any independent living program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition to adulthood.