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Legal Issues for Caregivers

Resources and information about the role of foster parents, relative caregivers, parents, and guardians in court hearings, including State and local examples.

Court Hearings for the Permanent Placement of Children

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 345KB)
Year Published
2020
Summarizes State laws that mandate the type and frequency of court hearings that must be held to review the status of children placed in out-of-home care. At these hearings, the court reviews the efforts that have been made to address the family issues that necessitated the out-of-home placement as well as efforts to achieve permanency for the child. This document also lists the persons who may attend the hearings and describes permanency options.

Rights of Relatives in Family Court
LIFT
Explains the process and legal rights for relative caregivers seeking legal custody in child welfare proceedings.

Understanding Child Welfare and the Courts

Series Title
Factsheets for Families
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 544KB)
Year Published
2016
Provides families involved with the child welfare system an overview of the court process. This factsheet answers frequently asked questions about parental rights and offers suggestions on how to prepare for and respond to court proceedings. It also includes information on filing an appeal, a glossary of court terms, and recommended resources.

What Court is Like for Foster Parents
Mellon (2017)
Adoption.com
Explains the ways in which foster parents can participate and prepare in court proceedings.

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State and local examples

Caregiver Notice and Right to be Heard Toolkit (PDF - 701 KB)
Supreme Court of Ohio (2017)
Advises court officials and caregivers about the ways in which the caregiver’s voice should be incorporated into the legal proceedings related to permanency.

Foster Care Legal Issues
Adoptive and Foster Family Coalition of New York
Provides resources detailing federal legislation, state laws, and foster parents' rights in the state of New York.

Foster Parents and the Courts: A Guide for Foster Parents on Being an Effective Advocate in Court for Children in Foster Care (PDF - 384 KB)
Iowa Foster & Adoptive Parents Association (2013)
Outlines the juvenile court proceedings for children in foster care in order to equip foster parents to successfully support the children in their care.

Kinship Caregivers/Grandparents Raising Grandchildren/Custodial Relatives
Connecticut 211
Explains the varying routes for relatives to gain legal custody in child welfare cases.

Role of Foster Parents in Family Court (PDF - 275 KB)
Children's Law Center of South Carolina (2014)
Provides guidance to foster parents concerning their rights and responsibilities during protective custody and permanency planning hearings.

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Related Content

Parenting Resources for Relative/Kinship Caregivers

Representing Parents

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