SB1209 - 491R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 8, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 8-528, to read:

START_STATUTE8-528. Children in foster care; rights

A. A child in foster care has the following rights:

1. To appropriate care and treatment in the least restrictive setting available that can meet the child's needs.

2. To live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect.

3. To know why the child is in foster care and what will happen to the child and to the child's family, including siblings, and case plans.

4. To speak and be spoken to in the child's own language whenever possible. If the child is placed with foster parents who cannot communicate with the child, the child has the right to a written plan to meet the child's communication needs.

5. To be free from unfair treatment because of the child's sex, gender identity, race, ethnicity, religion, national origin, disability, medical status or sexual orientation.

6. To be free from any harsh, cruel, unusual, unnecessary, demeaning or humiliating punishment.

7. To be disciplined in a manner that is appropriate to the child's level of maturity, developmental level and medical status. The child must receive an explanation of why the child was disciplined. Discipline shall not include the use of restraint, seclusion or corporal punishment.

8. To attend community, school and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability.

9. To go to school and receive an education that fits the child's age and individual needs.

10. To training in personal care, hygiene and grooming.

11. To clothing that fits comfortably and is similar to clothing worn by other children in the child's community.

12. To clothing that is adequate to protect the child against natural elements such as rain, snow, wind, cold, sun and insects.

13. To have personal possessions at home and to acquire additional possessions within reasonable limits, as planned and discussed with the child's placement worker and caseworker, and based on caregiver ability.

14. To personal space in the child's bedroom for storing clothing and belongings.

15. To healthy foods in healthy portions that are appropriate for the child's age and activity level.

16. To appropriate, quality medical, dental and vision care and to developmental and mental health services.

17. To visit and have regular contact with the child's family, including the child's siblings, unless this is prohibited by court order or the case plan, and to have any restrictions explained to the child and documented in the child's record.

18. To contact the child's caseworker, attorney, probation officer and advocate at any time.

19. To communicate with the child's caseworker, attorney or advocate without restriction.

20. To see the child's caseworker at least monthly and in private if necessary.

21. To actively participate in the child's service planning, permanency planning and medical review meetings, as appropriate, and to be given a copy or summary of each service plan and service plan review. The child may request someone to participate on the child's behalf or to support the child in this participation.

22. To attend the child's court hearing and speak to the judge.

23. To speak privately to the judge at a court hearing that affects the child's placement, including any status hearing, permanency hearing or placement review hearing.

24. To have the child's records and personal information kept private and discussed only when it is about the child's care.

25. To have visitors, to send and receive unopened mail and to make and receive private phone calls unless appropriate professionals or a court determines that restrictions are necessary for the child's best interests.

26. To receive payment for any work done, except for routine chores or work assigned as fair or reasonable discipline.

27. To consent in writing before participating in any publicity or fund-raising activity for the child's placement or the agency, including the use of the child's photograph.

28. Not to be forced to make public statements acknowledging the child's gratitude to the foster home or agency.

29. To be free of unnecessary or excessive medication.

30. To refuse or to request clarification for emotional, mental health or chemical dependency treatment separately from adults who are receiving services, as planned and discussed with the child's placement worker and caseworker.

31. To report abuse, neglect, exploitation or a violation of personal rights without fear of punishment, interference, coercion or retaliation.

32. To make a complaint to the department if the child feels one or more of these rights have been violated or ignored, and to be free from threats of punishment for making complaints. The child may make a complaint anonymously. The child has the right to be informed in writing of the name, address, telephone number and purpose of the Arizona protection and advocacy system for disability assistance.

33. To understand and have a copy of the rights listed in this section.

B. In addition to the rights listed pursuant to subsection A, a child in foster care who is at least sixteen years of age has the following rights:

1. To attend preparation for adult living classes and activities as appropriate to the child's case plan.

2. To a transition plan that includes career planning and assistance with enrolling in an educational or vocational job training program.

3. To be informed of educational opportunities when the child leaves foster care.

4. To assistance in obtaining an independent residency when the child is too old to remain in foster care.

5. To participate in youth leadership development opportunities.

6. To consent to all or some of the child's medical care as authorized by the court and based on the child's maturity level.

7. To be free from pressure to get an abortion, to not have an abortion or to give a child up for adoption.

8. To request a court hearing for a court to determine if the child has the capacity to consent to medical care.

9. To receive help with obtaining a driver license, social security number, birth certificate or state identification card.

10. To seek appropriate employment, keep the child's own money and have a bank account in the child's own name, depending on the child's case plan and age or level of maturity.

11. To receive necessary personal information within thirty days after leaving foster care, including the child's birth certificate, immunization records and information contained in the child's education portfolio and health passport.

C. This section does not establish any rights or causes of action on behalf of any person. END_STATUTE

Sec. 2. Short title

This act may be cited as the "Bill of Rights for Children and Youth in Foster Care Act".