September 16, 2008

Foster Child Notification of Reviews and Court Hearings Standard

The purpose of this report is to provide direction and guidance to the Children and Family Services (CFS) programs regarding the notification to children in foster care of reviews and court hearings in which they are involved. It is intended to achieve statewide consistency in the development and application of CFS core services and shall be implemented in the context of all-applicable laws, rules and policies. The report also provides a measurement for program accountability. Title IV section 475(5)(C)(iii) of the Social Security Act requires the court holding a permanency hearing to conduct age appropriate consultation with the child regarding the proposed permanency or transition plan. Children and youths often feel a strong need to be involved and informed in court processes concerning their welfare. Children's questions are answered at the review, and children and youth should have the opportunity to participate in decisions affecting them. Workers should use discretion and professional judgment in determining the most appropriate action to be taken in conducting consultation with children and how courts receive the information the child provides.