What is a Foster Parent?A foster parent is generally an adult, with no blood or legal ties to a child, who cares for and raises that child under the direction or supervision of a welfare agency. Foster parents usually look after children for some monetary compensation. What Rights Does a Foster Parent Have?A foster parent is a unique relationship. While foster parents look and act much like "loco parentis", they actually share the parental responsibilities with a welfare agency. It is the welfare agency, however, who holds the legal custody of the child. As such, a foster parent generally has rights similar to a natural parent plus many of the following: - Preserve the integrity of their own family unit,
- Contract rights stemming from the agreement with the welfare agency,
- Receive payment for services,
- Punish the child to the same extent a parent can,
- Possibly be immune from the child's criminal or civil actions, and
- Possibly terminate natural parent rights.
The rights of a foster parent can generally be terminated by the welfare agency at any time. Foster parents may also find that their rights fall below a natural parent's right in some situations. When Can a Foster Parent Terminate a Natural Parent's Rights?Foster parents have the right to terminate a natural parent's rights in some states. In order to terminate the rights of a natural parent, a foster parent has to be involved and have standing in any of the following instances:
- Institute adoption proceedings,
- Institute custody proceedings,
- Receive a judicial court order, or
- Third party guardian or conservatorship proceeding.
Do I Need an Attorney to Protect my Foster Parent Rights?If you think your rights as a foster parent have been violated or you are trying to terminate a natural parent's rights, it is highly recommended that you contact a family attorney. Only they will be able to properly explain the issue and help protect your rights. |
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