5.0 THE CHILD IN THE FOSTER HOME

5.1 Guidelines for Informing Children of Their Rights

1. Children are to be informed of their rights, in language that is understandable and appropriate to their age level or level of understanding, upon admission to a residential placement, including a foster home. The Children's Services social worker provides each child in care with a booklet explaining their rights. (see Appendix N).
2. It is important that the foster parent(s) be present and share in the process, so that the child is assured that all of the adults who are responsible for his/her care are informed and aware of the child's rights.
3. The social worker tries to balance the obligation to inform the child with sensitivity to the child's developmental stage and level of understanding.

   In some situations, informing the child at the actual time of admission may be practical or advisable.

4. If the placement is a planned one, the process of informing the child of his/her rights may begin during the preplacement visits, with a review upon the actual date of placement. If it is not possible to inform the child upon placement, then the child must be informed as soon as possible - not later than 7 days after the placement.
5. Child care recording should include the fact that the child was informed of his/her rights, and the dates of the discussions.
6. Staff and foster parents work together to plan how best to inform the individual child of his/her rights and responsibilities. They also need to give each other regular feedback about what methods are helpful or not helpful in this ares.

5.2 Guidelines for Foster Parents Around The Responsibilities of Children in Foster Care

1. observance of basic house rules and acceptance of consequences, if rules are broken;
2. regular school attendance;
3. participation in household routines, including chores;
4. respect for the property and possession of others;
5. respect for the differences in others - racial, cultural, religious, medical or developmental;
6. respect for privacy of others;
7. personal cleanliness;
8. informing foster parents of whereabouts;
9. make an effort to communicate openly;
10. participation in the development of the foster care plan;
11. regular contact with social worker.

5.3 A Shared Responsibility

When a child is admitted to care it is important to ensure that he/she receives good medical and dental care. At the time a child is placed, foster parents will be provided with a health card number and current health information known about the child.

A child's medical well-being is a shared responsibility among several parties, (depending on the child's legal status in care), including natural parents, foster parents, the child's social worker and family doctor.

Foster parents, in cooperation with the social worker, will be responsible for the day-to-day medical and dental care of the child, and for any special treatment or diet that may have been prescribed. Foster parents are expected to consult with the social worker around any concerns that may arise, and must report immediately any serious illness or injury a child may incur.

The child's social worker is responsible to ensure that arrangements for admission, on-going medicals, and on-going discharge medicals are completed. Natural parents should share openly with the social worker all relevant information pertaining to a child's health, and particularly, those special needs around medication or any medical disorder. The family's social worker will request that medical history forms be completed and a medical consent form be signed. Also, natural parents should provide their social worker with a current address and telephone number in the event their consent is required for hospitalization and/or surgery.

5.4 Health Care Needs

To ensure the well being of all children in care, it is important to have the following needs met:

1. a complete physical examination as soon as possible, within 30 days of admission, and at least annually thereafter; an immediate examination shall be secured where there is evidence of serious illness, bruising, significant injuries or symptoms of communicable or contagious diseases; a discharge medical upon leaving care;
2. a dental examination as part of the admission medical, with an immediate referral to a dentist when the need is indicated, and dental examinations at least annually thereafter;
3. medical assessment of hearing and vision as part of the admission medical, with referral to a specialist when the need is indicated;
4. psychological and psychiatric assessments when the need is indicated;
5. an on-going immunization program, except for children whose parents provide a statement of medical or religious exemption.

5.5 Hospital/Surgery Consents

When a child is in care under a voluntary agreement, the natural parent's signature is obtained in the Agency's medical consent form completed at the time of the admission to care. This is done to help ensure proper medical care, particularly in case of emergencies, but also if the child may need a particular medical procedure during the period of temporary care.

Should the child require hospital admission, the foster parent (in consultation with social work staff) may sign consent for admission. However, foster parents cannot sign consents for medical treatment. In the absence of the natural parents, the social worker would provide the hospital with the signed consent of the natural parents for treatment. Should the hospital refuse to accept this consent, legal action would be taken by the agency in order to empower it to give consent as the child's legal guardian.

For Society and Crown Wards, the foster parent may sign for hospital admission, but again, only a social worker can sign consent for treatment

NOTE:

The Hospital Act requires consents for gynaecological examinations be signed by the guardian, and this should be done by the parent or social worker depending on the child's status.

5.6 Signing of Forms

1. From a legal standpoint, foster parents are not legal guardians; the Agency assumes this role. Consequently, a foster parent cannot sign surgical consent forms. These must be signed by the child's social worker. Similarly, any forms requiring the signature of a legal guardian should be referred to the child's social worker.
2. If approached by a lawyer to discuss a case or sign documents (eg. Affidavits) the foster parent must check with the social worker before doing so.

5.7 Forms Foster Parents Can Sign

Although fundamental responsibility for the child in care rests with the agency, foster parents carry responsibility for making decisions involved in the child's daily care and activity. In the exercise of this responsibility, foster parents are authorized to sign the following:

3. School Registrations;
4. Absence Notes;
5. School Reports;
6. Immunization Booster Consents;
7. Sports Participation Consents
8. Consents for Recreational Groups.

These should be signed "Mary Jones, Foster Parent," or "Mary Jones, for Family and Children's Services."

5.8 Medication

The Agency is responsible for the cost of medication prescribed by a physician.

The Agency assumes responsibility for all medical expenses including prescriptions, eye glasses, medical appliances, dental care, and special treatment. Except in emergencies, expenditures should be approved by the agency. Chiropractic care and diet clinic care should be discussed with the agency as well, with expenditures approved in advance.

5.9 Food and Nutrition

Foster parents are expected to provide meals that are well-balanced, of good quality, and appropriate for the child.

The social worker will inform the foster parent of information that is available about the child's eating habits of any special dietary or feeding arrangements. If a licensed physician prescribes a special diet for a child, the foster parents will be instructed about special preparations that may be required.

Some special diets may result in extraordinary costs associated with the provision of specialized food. Foster parents may contact the Children's Services social worker for assistance if a medically prescribed diet leads to extraordinary food costs.

5.10 Infants

Infant diets are under the direction of the physician responsible for the infant's care. Minor adjustments may be made by the foster parents.

5.11 Clothing

The child in care has a right to be provided with clothing that is of good quality and appropriate, given the child's size and prevailing weather conditions. Clothing for the foster child must also be suitable to the child's age and the foster family norms.

5.12 Child Care Furnishings

Foster parent applicants are expected to provide normal child care equipment according to the needs or the age of the child in their care. Such items include cribs, high chairs, play pens and bedroom furnishings.

The circumstances of some urgent child placements may require assistance with equipment needs and, for that purpose, the agency has a limited supply of various items which can be distributed as needed. If such equipment is necessary, but unavailable, requests to purchase equipment will be considered individually by the Resources social worker.

5.13 Bedwetting Supplies

Full reimbursement is made if foster parents purchase mattress covers; alternatively, a request for advance monies to purchase covers can be made to the Resources social worker (if done at the time of initial placement or to the Children's Services social worker following placement).

5.14 Cribs

Regulations through Consumer and Corporate Affairs (1994) for cribs and cradles are summarized below.

9. the space between the upright bars or slats must not be more than 6 cm. (2 3/8 inches) so that a child's body cannot fit through the slats.
10. the mattress must not have more than a 3 cm. gap between the mattress and any side of the crib, when the mattress is pushed into a corner.
11. the mattress must not be more than 15 cm. (6 inches) thick.
12. the corner posts must not be more than 3 cm. in height.
13. the drop side must have a double-lock. Two separate actions have to be performed at the same time to open it. A child inside or outside the crib must be unable to operate it.
14. the sides must be at least 66 cm. (26 inches) high when raised and 22.8 cm. (9 inches) high when lowered.
15. end panels must extend well below the level of the mattress support, so there is not space for a baby' head, arm or leg.
16. the overall structure of the crib must be solid - able to support an energetic child.
17. the crib must not have any sharp edges or corner, split, cracked/broken parts, loose/missing slats, broken/missing hardware or screws.
18. all small parts must be firmly attached and able to withstand a 20 lb. pull or push.
19. threaded bold ends must be either inaccessible or covered by acorn nuts.
20. the finish must be non-toxic.
21. devices used to rock the crib must be safe and designed to be operated by an adult or older child only.
22. labelling on cribs, cradles and their containers must clearly identify the manufacturer, model and date of manufacture (in bilingual format).

NOTE

It is recommended that the mattress support be checked frequently to ensure that it is at the appropriate level for the child's height and mobility, and that no child more than 90 cm. (35 inches) tall be placed in a crib.

5.15 Transportation of Child - Use of Car Seats and Belts

All staff, foster parents and volunteers are responsible for ensuring that a child under the age of 16 is properly secured in an automobile. Children over the age of 5 or 6 years are secured by the use of a seat belt.

Younger children, or children under 50 lbs., are to be property secured in C.S.A. approved car seats appropriate to the child's size and weight.

Family and Children's Services will provide an approved car seat to those foster parents who do not presently have one. Appropriate bolts may be installed, as necessary, at agency expense, for the use of those seats that need to be tethered.

a. Infants

from birth weight to 9kg. (20 lbs.) must travel rear-facing in an approved child restraint seat. This can be a convertible seat which will serve children until they are big enough for a seat belt, or a portable infant carrier (bucket seat) which is replaced when they become toddlers. Infant seats, whether bucket model or convertible, must be rearfacing and secured by the lap belt.

b. Toddlers

from 9-19 kg. (20-4 lbs) must travel front-facing in a child restraint seat. Convertible seats, or seats made just for toddlers, may be of the tethered style or tetherless style. While it is desirable to tether both styles to car bolts to ensure maximum conditions of safety, only the tetherless style is permitted when car bolts are not available.

c. Preschoolers

from 18 kg. - 23 kg. (40-50 lbs) must use the lap belt portion of the seat belt assembly. Booster seats which allow the safe use of full seat belt assembly are permitted provided the midpoint of the child's head does not exceed the height of the auto seat.

d. Others

over 23 kg. (50 lbs.) must use the full seat belt assembly.

5.16 Education and Learning

At the time of the placement the social worker and the foster parents will determine responsibility for quarterly contact with the child's school and will record the same on the Plan of Care.

It will be the responsibility of the child's social worker to liaise with the child's teacher and/or principal to provide information relevant to the child's school placement and inquire about the child's progress and adjustment.

It is expected that both the foster parents and the child's social worker will regularly review the child's progress together and plan accordingly.

The child's social worker will ensure that a copy of the child's final school report is obtained for the child's case file.

5.17 Nursery and Pre-School Program

In special cases, pre-school children in care may attend nursery school. Nursery school may be appropriate for children who are developmentally or socially delayed in order to improve their readiness for school.

Occasionally the exceptional placement demands on foster parents also justify a nursery school placement for a child in care.

The choice of school and type of program depends upon the availability of space, funds, transportation, and the degree of need.

Any decision to involve a child in a nursery or pre-school program must be made by the child's social worker, in consultation with the foster parents, subject to the approval for funding by the Manager, Children's Services Department.

5.18 School Suspensions

If a child is suspended from school, the foster parent is requested to report the matter as soon as possible to the child's social worker. The foster parent and the social worker together will determine what action is to be taken and who will communicate with the school authorities.

A foster parent is usually expected to provide care for the child who is suspended from school. In cases of prolonged suspensions, the agency may assist in arranging for the involvement of a volunteer, another foster parent, or child care worker to help with supervision or in-home instruction.

5.19 Child's Purchases and Possession of Goods

Personal belongings are important to a child, particularly when the child is separated from his or her own family and home. Restrictions on what the child takes to a foster home or purchases, while residing in foster care, should be influenced by the child's maturity level, the size and value of the item, the estimated length of time the child will be in care, and health and safety considerations.

Children in foster care should not receive or be permitted to purchase or retain any goods or materials that would pose a threat to the child's or the foster family's health and/or safety.

Such items might include:

1. alcohol, drugs
2. firearms, explosive materials, weapons;
3. toys considered or declared dangerous by a government regulatory agency or standards organization;
4. certain motorized vehicles.

If foster parents have any concerns about potentially dangerous items in the child's possession, they are advised to discuss the matter with the child's social worker. If foster parents believe there is immediate danger, they may take the item away from the child, informing the child that the matter will be reviewed with the child's social worker.

5.20 Daily Chores, Work, and Use of Allowance Money

The provision of an allowance is viewed as an additional way for a child to recognize security and experience fair treatment. It also provides opportunity for the child to be taught values in earning, saving and spending money.

The method of allocating the money is primarily the responsibility of the foster parents, however it should include the discussion with the child's social worker at the child's request, or the foster parent discretion. Having a child do daily chores within the home, in keeping with his/her age and capacity, to earn an allowance, is acceptable.

Monies provided for allowance, or monies earned from work done inside or outside the foster home are considered the child's property and cannot be permanently withheld. At the discretion of the foster parents and worker, monies can be temporarily withheld for such purposes as managing behaviour. The use of a child's money to compensate for damages in the home should be discussed between the foster parents and the child's worker.

Work done outside the home should also be in keeping with the child's age and capacity and with regard to the child's safety.

5.21 Privacy - Mail and Telephone Calls

Children in foster care have the right to reasonable privacy with respect to sending and receiving mail and the receiving and making of telephone calls. The child should be allowed to send and receive mail that is not read, examined or censored. (CFSA 99(c))

Exceptions may be made in situations where the social worker or foster parent has reason to believe that the contents may prove harmful to the child's emotional and/or physical well-being. In these instances:

5. the social worker may open the mail in the child's presence, but not censor or withhold the letter from the child;
6. if prohibited or improper articles are found in the mail, the articles may be removed from the child by the social worker. Such action is to be documented by the social worker in the child's file;

Mail from the child's lawyer is not to be opened by anyone but the child.

5.22 Travel Arrangements with Child

Foster parents are encouraged, whenever possible or practical, to take the foster children with them on vacation.

As the agency is responsible, as legal guardian, for the whereabouts of the children in care, foster parents are requested to discuss travel and vacation plans in advance with the child's social worker. The social worker will need to know the length of the vacation, the destination, and where possible, the address and telephone number where the foster parents can be reached. When a ward is planning to go on a holiday, the social worker should be mindful of any pending court hearings or parental visits which may require the child's attendance or alternate arrangements to be made.

5.23 Travel Outside Ontario or Canada

Foster parents travelling with a child outside of Canada will require a letter from the agency, consenting to the child's travel. Depending upon the distance travelled and the length of time away, the letter may be in the from of a border crossing letter, (See Appendix O), signed by the social worker and stamped with the agency seal or a letter signed by the Executive Director. In all cases, the letter will contain the name of the child, date of birth, and place of birth, the name and address of the foster parents, and the consent to travel.

Some travel outside of Canada may also require a visa, passport, and possibly additional medical coverage. Plans should be discussed will enough in advance so that necessary authorizations and documentation can be obtained.

Travel arrangements with non-wards should be made with the consent of the natural parents, as well as the consent of the agency. The border crossing letter and other documents will be arranged by the social worker at the foster parent's request.

5.24 Camp

The experience of a camp holiday can be very meaningful for many children and should be considered part of the general program for the social development of a child.

Children may attend camps within their own community groups (church, scouts, etc.), general camps sponsored by various organizations, as well as the Day Camp operated by the TM-YWCA. Authorization for payment of camp fees comes from the child's social worker.

5.25 Planned Overnight Absences From the Foster Home

All requests involving foster children sleeping away from the foster home must be approved in advance by the child's social worker.

Children placed in foster homes under the care of the agency will not be permitted to have sleepovers, holiday, or vacation visits with friends or friend's families except under the following circumstances:

7. The family is known to the foster parents and from their knowledge and association with the family, the foster parents would approve their own children participating in such visitations.
8. If the family is not known to the foster parents, the child's social worker has visited the family, and made a personal assessment.
9. Any extended visits must be approved by the child's parents if the child involved is in care by agreement.

5.27 Children on the Run or Missing

Police should be called at any time of the day or night if it is thought that a child, regardless of age, is in danger, or if police assistance for whatever reason is deemed necessary.

When a child in care misses curfew, foster parents, and other care providers are expected to notify and consult with the child's social worker or the after hours social worker regarding the absence of the child. The social worker will be guided by the following procedures when deciding what action should be taken.

The "missing persons" report to the police could be delayed one or two hours to allow for late returns (i.e. for teenagers). This must be done in consultation with the after hours social worker. The decision to delay must take into account the age of the child and the circumstances surrounding them being missing. In the event that a police call is made and the child afterwards returns or is located, the police and agency should be immediately notified.

5.28 Police Questioning

Should the police or anyone else request to question a foster child for any reason, the child's social worker or the after hours social worker must be contacted immediately. In all cases, an Agency representative or a designate must be present if questioning takes place. If all parties are in agreement, foster parents could act in this capacity.

5.29 Court

The Court recognizes the importance of the role of the foster parent in caring for a child, and generally welcomes foster parents to attend Hearings that involve their foster child.

Foster parents who have been caring for a child for a continuous period during the six months immediately prior to a Court Hearing, will receive a Notice of Hearing.

The Notice of Hearing gives the foster parents the right to attend the Court Hearing, but is not an Order to attend. The foster parent is entitled to be represented, at his/her expense, by legal counsel at the Hearing, and to make submissions to the Court when given leave of the Court. In some cases, a foster parent may be subpoenaed or otherwise requested to attend a Hearing. The foster parent may receive compensation for some expenses incurred.

5.30 Continued Care & Maintenance for Former Crown Wards

After age 18, when crown wardship terminates, the Society may under the Child and Family Services Act, provide extended care and maintenance for these young people. The Ministry of Community and Social Services funds this maintenance.

5.31 Foster Parent Relocation to Another County or Province

If foster parents plan to move to another locality while caring for a specific foster child, the child's social worker and the foster parents will review the feasibility of the child moving with the foster parents.

If the decision is made for the child to move with the foster family, our agency may make arrangements with the Child Welfare Agency in the new locality to provide on-going service to the child and the foster family.