Your job as a foster parent is to care for and nurture any child placed in your home. These children often come to you during difficult, transitionally periods, during which you have the responsibility to make sure the child's needs are met. As a foster parent, your legal rights are dependent upon the state agency that places the children with you. These laws differ from state to state, so always seek legal advice from an attorney if you have specific questions about your state's foster parent laws.
Custody Rights
While you, as a foster parent, are responsible for taking care of a foster child in your care, you do not have legal of physical custody of the child. According to the New York State Unified Court System, the child's parents retain legal custody over the child, while the state agency maintains physical custody. Foster parents are granted the right to care for the child in your care similarly to the way a boarding school or summer camp cares for a child in their care. The state agency has custody over the child and grants you the right to care for the child. The agency maintain custody, however, and must periodically check up on the child's health and welfare and ensure you are caring for the child properly.
Courtroom Rights
Foster parents often play an important part of court proceedings involving their foster children. According to the State of Connecticut Judicial Branch, federal law requires that foster parents be notified of the date and time of court hearing involving their foster children. You have the right to attend an hearing and inform the court of your opinions about the child. If you are unable to attend the hearing, you can contact the child's attorney or social worker, and inform them about your opinions.
Adoption
In some states, foster parents can get additional rights if their foster child is ever freed for adoption. For example, according to the New York State Foster Parent Manual, if the child is given up for adoption, you gain preferential treatment if you apply to adopt the child as long as you had the child in your care for at least 12 continuous months. As the child's foster parent, the adoption application is given first preference over any other application the court receives.
