By Meghan McCann

The majority of children in this country don’t have to worry about where they will go to school, whether they get to participate in extracurricular activities, where and when they will get health care or insurance or when they will see their siblings next.

For foster children, these concerns are very real. For that reason, lawmakers in 14 states have enacted a Foster Children’s Bill of Rights.

In addition, 17 states have enacted Foster Parent Bill of Rights. Also, during the 2014 legislative session, 10 states introduced 14 bills—five enacted, four pending—either seeking to enact a bill of rights or otherwise extending or defining the rights of foster children and parents including independent living services for older youth, educational consistency and enrollment, foster child input into evaluations of out-of-home care placements, and extracurricular activities.

These bills are designed to inform foster children and foster parents of their rights within the child welfare system, including why they are in foster care and how the process works,

Foster Children’s Bill of Rights are often required to be posted where the foster child will see them. The enumerated rights include participation in extracurricular or community activities, efforts to maintain educational stability, access to guardians ad litem, access to mental, behavioral, and physical health care, and access to or communication with siblings and family members.

Lawmakers in a number of states have included in their foster parent bill of rights legislation the requirement that, in making decisions regarding foster children's participation in extracurricular or other activities, they use a reasonable and prudent parenting standard. The right to be kept informed about the child, upcoming court proceedings and available supports for the foster child and the foster family is also included in these bills.

NCSL’s Foster Care Bill of Rights webpage provides access to these bills and is part of a larger Supports for Older Youth Compilation that includes Extending Foster Care Beyond 18 and a more comprehensive look at supports for older youth that will be available later this month.

Meghan McCann is a policy associate with NCSL’s Children and Families Program. She focuses on issues of child welfare, child support and family law.

Email Meghan.