8-530. Foster parents and kinship foster care parents; rights

A. A foster parent or kinship foster care parent in this state has the following rights:

1. To be treated with consideration and respect for the foster parent or kinship foster care parent's personal dignity and privacy.

2. To be included as a valued member of the team that provides services to the foster child, including participation in meetings that involve the child's service team.

3. To receive support services that assist the foster parent or kinship foster care parent to care for the child in the foster home, including open and timely responses from agency personnel.

4. To be informed of all information regarding the child that will impact the foster home or family life during the care of the foster child.

5. To contribute to the permanency plan for the child in the foster home.

6. To have placement information kept confidential when it is necessary to protect the foster parent or kinship foster care parent and the members of the foster parent's or kinship foster care parent's household.

7. To be assisted in dealing with family loss and separation when a child leaves the foster home.

8. To be informed of all agency policies and procedures that relate to the foster parent's or kinship foster care parent's role as a foster parent or kinship foster care parent.

9. To receive training that will enhance the foster parent's or kinship foster care parent's skills and ability to cope as a foster parent or kinship foster care parent.

10. To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation.

11. To be able to receive services and reach personnel on a twenty-four hour, seven days per week basis.

12. To be granted a reasonable plan for respite from the role of foster parent or kinship foster care parent.

13. To confidentiality regarding issues that arise in the foster home.

14. To not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical disability.

15. To receive an evaluation on the foster parent's or kinship foster care parent's performance.

16. To be notified of a child returning to foster care pursuant to section 8-530.01 or when a child who is currently placed in foster care or kinship foster care becomes available for adoption.

B. The department shall provide information regarding a foster parent's or kinship foster care parent's rights pursuant to this section and assistance in understanding and enforcing these rights to each foster parent and kinship foster care parent when a child is placed in a foster parent's or kinship foster care parent's care or when there is a change in the child's foster care or kinship foster care plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizens aide.

C. If a foster parent or kinship foster care parent believes that the person's rights under this section have been violated, the foster parent or kinship foster care parent or the foster parent's or kinship foster care parent's representative may file a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time.  If a foster parent or kinship foster care parent or a foster parent's or kinship foster care parent's representative files a complaint pursuant to this subsection, the person may also notify the juvenile court and all parties to the child's ongoing dependency, severance or adoption proceeding orally or in writing of the complaint.

D. The rights provided in this section do not establish an independent cause of action.