2.2 Rights of Birth Parent(s)
Birth parents are the key to long-range planning for their child(ren). The child(ren) began with them, has his/her identity with them, and often longs to return to them. The child(ren)'s return home depends on the birth parent(s)' ability to improve their situation. Otherwise, they face the possibility of long-range plans being made which may include termination of parental rights.
With the exception of birth parent(s) of children whose rights have been permanently terminated, birth parent(s) retain rights which must be recognized. These rights may be modified by restrictions imposed by the court.
Birth parent(s) have the right:
- To services from the agency directed toward preservation of the family as a unit and avoidance of foster care if at all possible;
- To be informed of the reasons for their child's removal when foster care is necessary;
- To an explanation of the legal process and all team members involved in this process;
- To legal representation in any court proceedings affecting their child;
- To be understood without criticism or judgment;
- To be acknowledged as the child's parent(s), entitled to share in the child's life;
- To participate in the selection of the placement for their child and to visit regularly;
- To know what parental privileges are retained while their child is in substitute care;
- To know what conditions must be met by them in order to have their child returned;
- To receive every possible assistance and service from the agency for resolution or correction of conditions necessary for return of their child;
- To have full cooperation from all substitute care team members toward achievement of case goals;
- To petition to have their child returned;
- To have their child returned to their home when the necessary changes or conditions required by the court or agency have been made;
- To assist in developing the case plan for their child.
- To consent or refuse participation of their child(ren) in public performances or media involvement.
Chapter Memoranda History: (prior to 1/31/07)
CD05-77, CD06-12, CD06-24, CD06-27