Resources and information about legal issues relevant for children and youth in out-of-home care, including information about health care, education, young children.
Better Counsel for Children and Parents: What the Research Says
Kelly (2019)
The Imprint
Explains the need for legal counsel in dependency court as evidence proves justice is better served when parents and youth have legal representation.
Foster Care Bill of Rights
National Conference of State Legislatures (2019)
Summarizes the purpose of the Foster Children Bill of Rights and the Foster Parent Bill of Rights and presents the Foster Children Bill of Rights and Foster Parent Rights in each State.
Youth Voices for Permanency: Courtroom Guide on How Courts and Judges Can Make a Difference (PDF - 456 KB)
Dave Thomas Foundation for Adoption, Voice for Adoption (2016)
Presents the perspectives of youth currently or formerly in foster care and offers important insights for court professionals. The guide reflects on input from youth and judicial leaders, describes the importance of permanency in adolescent lives, and provides ideas for how judges can help more children and youth achieve permanency.
Health care
Health Care Issues for Children and Adolescents in Foster Care and Kinship Care
Szilagyi, Rosen, Rubin, & Zlotnik (2015)
Pediatrics, 136(4)
Explores health issues faced by children and adolescents in child welfare, especially those who are removed from their families and placed in out-of-home care. These children often present with complex and serious physical, mental health, developmental, and psychological problems rooted in childhood adversity and trauma.
Health Coverage and Care for Youth in the Juvenile Justice System: The Role of Medicaid and CHIP
Acoca, Stephens, & Van Vleet (2014)
Henry J. Kaiser Family Foundation
Outlines the physical and mental health needs of children in the juvenile justice system and the role of Medicaid in addressing those needs. The brief focuses on the circumstances of the youth placed in juvenile justice residential facilities, Medicaid coverage for those youth, and the options for improving coverage.
Health Issues for Judges to Consider for Children in Foster Care (PDF - 5,151 KB)
American Academy of Pediatrics and Healthy Foster Care America (2014)
Reviews important health issues for children and youth in foster care about which judges should be aware. It focuses on special considerations for children with medically complex conditions, transitions and discharges from care, common health conditions, and health conditions found disproportionately among children in foster care.
Education
The Educational Rights of Children in Foster Care and Other Out-of-Home Placements: A Guide for Advocates (PDF - 978 KB)
Education Law Center (2014)
Guides parents, children and youth in foster care, service providers, and other advocates in understanding the educational rights of students in New Jersey's foster care system.
Foster Youth Education Rights (PDF - 323 KB)
California Department of Education, California Foster Youth Education Task Force, and The Alliance for Children's Rights (2016)
Outlines the educational rights of students in California's foster care system and provides a detailed explanation of all educational rights, including the right to remain in your school of origin, right to immediate enrollment, the right to partial credits, graduation rights, college rights, and more.
Fostering Success in Education: National Factsheet on the Educational Outcomes of Children in Foster Care (PDF - 271 KB)
National Working Group on Foster Care and Education (2014)
Details statistical and demographic data on the education of children in foster care in the United States. The report also highlights promising programs that provide early interventions to promote positive educational outcomes for children in out-of-home care and work to promote regular school attendance, to prevent behavioral problems in school, to support graduation and transitions to college, and more.
Improving Education for Youth in Foster Care
Butner (2017)
Child Law Practice Today, 36(6)
Gives information about educational issues to lawyers or judges who are responsible for advocating or making decisions for youth in the foster care or juvenile justice systems. The article stresses the fact that children in these environments often experience instability, and school has the potential to be a steadying force for good in these children's lives.
Legal Center for Foster Care & Education
Provides a strong voice at the national level for the education of children in foster care and out-of-home care and serves as a central clearinghouse for information on foster care and education. The organization also provides access to training and technical assistance to professionals across the country.
National Working Group on Foster Care and Education
Legal Center for Foster Care and Education
Highlights the educational needs of children and youth in out-of-home care and describes best practices and reforms across educational, child welfare, and juvenile and family court systems.
Students in Foster Care
U.S. Department of Education (2016)
Provides information and materials for students in foster care or out-of-home care, including guidance and regulatory information; resources on educational stability; guides on special education, postsecondary education, and training; and links to related Department of Education programs.
Young children
Juvenile Justice: Prevention & Early Intervention
Youth.gov
Describes how early intervention with youth prevents the onset of delinquent behavior and supports the development of a youth's assets and resilience. The resource reviews positive youth development and effective programs that work with young children.
Questions Every Judge and Lawyer Should Ask About Infants and Toddlers in the Child Welfare System
Osofsky, Cohen, Huddleston, Hudson, Zavora, & Lewis (2017)
Provides information for judges, attorneys, child advocates, and other child welfare professionals working with families and children under 5 years old. The publication suggests and discusses topics and potential issues that should be addressed to meet the complex and needs of this vulnerable population.