2.4 Rights of Children

Children have certain inherent rights based on their special status as children and their inability to take care of themselves. Among these inherent rights are the right to live with their birth family, to receive love, protection, nurturance, mutual respect and support until they reach majority; the right to be free from harm, neglect, abuse; to receive an education; to have physical care and medical attention; to have the chance to enjoy all facets of family life; to be disciplined and to receive religious and moral training; and to grow into self-sufficient, independent young adults.

When a child's rights are in conflict with parent's rights, the child's rights generally take precedence. When a child's right to live with his own family is in jeopardy, the child has a right to be represented by legal counsel of his own and to have his legal rights protected in any judicial procedure which addresses custody or guardianship. Children who have been removed from the custody of their birth parents have the following rights:

To be placed in a foster home or other substitute care facility that can best serve his/her needs and is the least restrictive alternative;
To the extent possible, remain with the same child care provider, in efforts to support the established relationship between the child and the child care provider and minimize disruption to the child’s routine;
To receive a repeated explanation of placement in language and manner appropriate to his/her age and ability to understand;
To be placed in the close, practical proximity to his/her birth parents;
To be placed in the same setting as his/her sibling(s), whenever possible, if the sibling(s) is also being placed outside the home;
To be free from physical or psychological abuse and from repeated changes in placement before his/her permanent placement or return home;
To have his/her cultural identity and religious heritage taken into consideration in the selection of an appropriate foster care placement;
To receive the basic rights of food, clothing and shelter and to possess and take with them their personal belongings;
To receive a nurturing family life experience, including guidance, stimulation, affection and appropriate discipline (which shall not include any form of corporal punishment or exploitation);

Related Subject: Section 8, Chapter 4, Child Public Performance and Media Involvement

To be understood without criticism or judgment;
To have regular visits with his/her birth parent, siblings, and others with who he/she has a significant relationship (unless restricted by the court);
To confidentiality on all information in his/her record;
To have contact with and representation by a Guardian ad Litem;
To know what services are available to him/her;
To have regular contact with a worker assigned to his/her case, and to receive honest information regarding all decisions affecting him/her in a language and manner appropriate to his/her age and ability to understand;
To have a permanent plan, as required by law or regulation, that reflects his/her best interests and is designed to facilitate their permanent placement or return home in a timely manner that is appropriate to their needs;
To participate in his/her case planning, conferences, and staffings, etc., when appropriate to the child's age and ability;
To return home at the earliest possible time or to be legally freed to form new family ties with relatives or adoptive parents.

Chapter Memoranda History: (prior to 1/31/07)

CD05-77, CD06-12, CD06-24, CD06-27