Supporting Foster Parents

Nina Williams-Mbengue 1/7/2020

Resources

How To Support Foster Families: FAQs for State Legislators

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Nina Williams-Mbengue

See NCSL's brand new resources on supporting foster parents:

How to Support Foster Families: FAQs for State Legislators on state legislative policies to help recruit and retain foster families.

NCSL's Our American States Podcast: Teens in Foster Care: Challenges and Solutions

2019 State Legislative Actions

Overview

With more than 437,000 U.S. children and youth in foster care, and an opioid and substance abuse crisis tearing apart families and communities, states have an urgent need for more foster parents.

Foster parents are instrumental in the lives of children in their care. They must be prepared to address children’s physical, social and emotional needs after what may be a traumatic removal from their home; enroll them in school; provide them a safe and healthy environment; navigate their visits with biological parents and siblings; get them to and from counseling sessions; and, manage their daily activities.

Many foster parents say their voices are not heard and that they are not involved in decision-making related to children in their care. They assert that they do not receive adequate information on children and often do not receive the training necessary to handle the physical, social and emotional issues of the children in their care.

For some, it gets to be too much. Nearly half of foster parents quit in their first year of fostering. As a result, most child welfare agencies struggle to find and keep a steady number of qualified parents.

Read more: From Players to Partners: States are Looking for Ways to Attract More Foster Parents as Caseloads Increase, NCSL State Legislatures Magazine, March 2018

What Can Legislators Do?

To attract and retain qualified, dedicated foster parents, child welfare experts recommend states build systems to support and engage them. The Annie E. Casey Foundation, through their national CHAMPS (Children Need Amazing Parents) campaign, identified six policy areas to help ensure quality foster parenting:

Support relationships between birth and foster families. This includes peer mentoring, shared parenting, coaching and information sharing.
Implement data-driven recruitment and retention practices. For example, require a state census of available, trained foster parents and use those findings to inform decision-making.
Engage foster parents in decision-making. Many states’ foster parent bills of rights require that foster parents be involved in children’s case planning; be considered part of the child’s team; and receive all health, educational, behavioral and other critical information about the child.
Provide timely access to trusted, dedicated staff and peer support. This can include access to a child welfare agency staff person on a 24-hour, 7-days a week basis or information on the foster parent hotline and other services.
Prioritize placement with family members and other family connections. Many states give specific preference or priority for relatives in state statute.
Ensure timely access to physical and mental health services for children in their care.

Check out the tabs below for a compilation of state legislation in these areas, and visit NCSL’s summary of state foster parent bills of rights laws. The Annie E. Casey Foundation’s Policy Playbook and the CHAMPS Guide on Foster Parent Recruitment and Retention offer more program ideas.

Foster Parent Voice

State lawmakers have enacted legislation to allow foster parents to participate more fully as valued partners in state child welfare systems. This includes laws to establish foster parent advisory groups and foster parent bill of rights laws.

Foster Parent Advisory Groups, Commissions and Councils

Eight states have statutes establishing foster parent advisory groups, commissions or councils that provide foster parents a role in guidance or oversight of child welfare systems.

Foster Parent Advisory Groups;

No Foster Parent Advisory Group

U.S. states

Connecticut

CGS 17a-4

Illinois

20 ILCS 525/5-10

Indiana

IC 31-25-2-20.4

Missouri

V.A.M.S. 210.537
RSMo 210.617

Ohio

Am. Sub. H.B. 49 Section 751.10
5153.05

Oklahoma

10 Okl. St. Ann. § 1116.6
10A Okl. St. Ann. 1-7-108

Oregon

ORS 418.041
and O.R.S. § 418.044

Washington

RCW 74.13.031

Foster Parent Bill of Rights

At least 19 states and the District of Columbia have enacted foster parent bill of rights legislation.

Foster Parent Bill of Rights

No Foster Parent Bill of Rights

U.S. states

Alabama

Ala. Code § 38-12A-1 and 38-12A-2

Arkansas

Ark. Stat. Ann. 9-28-902 and Ark. Stat. Ann. 9-28-903

Arizona

Arizona regulation

California

Cal. Education Code §56055

Georgia

Ga. Code § 49-5-281

D.C.

§ 4-1303.82

Illinois

Ill. Rev. Stat. Ch. 20, § 520/1-15

Iowa

Iowa Code § 237.3(2)(k)

Kentucky

Ky. Rev. Stat. § 620.360

Louisiana

La. Rev. Stat. Ann. § 46:286.13

Maryland

Md. Family Law Code Ann. § 5-504

Michigan

M.C.L.A. 722.958a

Missouri

Mo. Rev. Stat. § 210.566

Oklahoma

Okla. Stat. Tit. 10, § 1-9-119

Oregon

Or. Rev. Stat. § 418.648

Pennsylvania

11 P.S. § 2604

Rhode Island

R.I. Gen. Laws Ann. § 42-72.10-1

Tennessee

Tenn. Code Ann. § 37-2-415

Virginia

Va. Code § 63.2-900 and Va. Code § 63.2-902

Virginia Code of Ethics and Mutual Responsibility

Washington

Wash. Rev. Code § 74.13.332
Wash. Rev. Code 74.13.333

Practical Support

State lawmakers have enacted laws to provide practical support for foster families, with the goal of attracting and retaining more families to care for vulnerable children. These enactments include state family and medical leave and foster parent liability insurance laws.

State Family and Medical Leave Laws for Foster or Adoptive Parents

The federal Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave during a 12-month period to care for a newborn, adopted or foster child, to care for a family member, or to attend to the employee’s own serious medical health condition. The law applies to private employers with 50 or more employees. The FMLA also allows states to set standards that are more expansive than the federal law and many states have chosen to do so. The map below includes states with their own family leave laws specifically for foster and/or adoptive parents.

At least 22 states, the District of Columbia and Guam have adopted family and medical leave for foster and adoptive parents.

Legend

	State Family and Medical Leave Laws for Foster and/or Adoptive Parents.
	States Without Family and Medical Leave Laws for Foster and/or Adoptive Parents.
Sources: NCSL State Family and Medical Leave Laws and Employment Law HQ

Foster Parent Liability Insurance

Several states seek to support foster families by providing foster parent liability insurance so that foster parents are not responsible for property damages or injuries caused or suffered by children or youth in their care. Some states also offer limited support, such as covering expenses the foster families’ insurance does not cover.

Legend

	States With Foster Parent Liability Insurance Laws.
	States With Limited Foster Parent Liability Insurance Laws.
	States That Do Not Offer Foster Parent Liability Insurance in Statute.

Recruit and Retain

To assist state child welfare agencies with foster parent recruitment and retention, state lawmakers in a few states have passed laws requiring a census, registry or analysis of all licensed or approved foster homes in the state. The laws may also require information on foster parent qualifications, types of foster care placements (such as relative and non-relative, group, pre-adoptive and supervised independent living homes), length of children’s stays in care and comparison of foster home room-and-board rates. A few states have also statutorily authorized the development of recruitment and retention programs to encourage foster parenting.

States With a Requirement for a Census, Registry or Analysis of Licensed or Approved Foster Homes

Several states require a census or registry of all licensed or approved foster homes in the state.

States With Requirements for a Census, Registry or Analysis of Licensed or Approved Foster Homes

U.S. states

Arizona

Ariz. § 8-518

California

Cal.Welf. & Inst.Code § 16523.56

Connecticut

Conn. Gen. Stat. § 17a-114g

North Carolina

N.C. Gen. Stat. § 131D-10.6C

Oklahoma

Okla. Stat. tit. 10-A § 1-9-105C

Virginia

Va Code § 63.2-900

States With Specific Provisions Related to Recruitment and Retention of Foster Families

States with statutory provisions related to the recruitment and retention of foster families.

States with Specific Provisions Related to Recruitment and Retention of Foster Families

U.S. states

Alaska

Alaska Sec. 47.10.088

California

Cal.Welf. & Inst.Code § 903.8
Cal. Welf. & Inst. Code § 16003.5
Cal. Fam. Code § 7911
Cal. Hlth & S § 1506.6
Cal. Hlth & S § 1515
Cal. Hlth & S § 1502
Cal.Welf. & Inst. § 11465.6
Cal. Welf. & Inst. § 16500.1
Cal. Hlth & S § 11757.59

Connecticut

Conn. Gen. Stat. § 17a-116c

Florida

Fla. Stat. Ann. § 409.996

Illinois

Ill. St Ch 20 § 505/7.4

Louisiana

Louisiana La. Rev. Stat. Ann. 46:2431 through 46:2434
Louisiana La. Rev. Stat. Ann. 47:463.112

Missouri

Mo. Rev. Stat. 453.600
Mo. Rev. Stat. 191.975
Mo. Rev. Stat. 143.1015

Nebraska

Neb. Rev. Stat. § 43-1308

Nevada

Nevada Rev. Stat. 424.190 and 424.097

New Mexico

New Mexico 2019 HJM 10

New York

N.Y. Soc Serv § 398

North Carolina

N.C. Gen. Stat. § 131D-10.9B

Oregon

Or. Rev. Stat. § 418.044

Or. Rev. Stat. § 418.041

Or. Rev. Stat. § 418.043

Texas

Tex. Family Code Ann. § 264.113
Tex. Family Code Ann. § 264.2041

Virginia

Va. Code § 63.2-904
Va. Code § 63.2-900

Va. Code § 63.2-913.1

Washington

Wash. Rev. Code 74.13.031

Licensing

The federal Family First Prevention Services Act of 2018 established national model licensing standards for relative and family foster homes. States are not required to meet the standards, but they must report on how their state licensing standards differ from the new standards, why they are different and whether or not they waive relative caregiver nonsafety standards. See NCSL’s Summary of the Family First Prevention Services Act. The standards below are those standards in effect prior to Family First.

Current State Foster Care Licensing Standards Summary

Eligibility Standards: 34 states, the District of Columbia, Guam and Puerto Rico address multiple categories (see below) of eligibility standards for licensing foster parents.	Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming
a. Operation and conduct of home	Arizona, Delaware, Florida, Iowa, Kentucky, North Dakota, Guam
b. Financial capability of foster parent	Arizona, Alabama, Colorado, California, Florida, Illinois, Michigan, New Jersey, New Mexico, Rhode Island, South Dakota, Guam, Puerto Rico
c. Participation in case planning	Alabama, Kentucky, New Jersey, Washington (foster parent bill of rights laws)
d. Number of persons required to care for children	Alabama, Colorado, Illinois, Kansas, New Jersey, Texas, Guam, Puerto Rico
e. Adherence to standards of care established by the department	Alaska, Hawaii, Missouri, North Dakota
f. Minimum age	Louisiana (21 for kinship foster care); Maryland (18); South Carolina (21 for kinship care); Tennessee (21 for relative care)
g. Character, suitability, and conduct of foster parents	Alabama, California, Colorado, Delaware, Illinois, Michigan, Nebraska, New Hampshire, New Mexico, Pennsylvania, Rhode Island, South Dakota, Tennessee, Washington, Wyoming, Guam, Puerto Rico
h. Reference checks	Arizona, California, Iowa
i. Provisions for food, clothing, education	Illinois, Michigan, New Hampshire, New Jersey, New Mexico, Texas, Guam, Puerto Rico
j. Protection of legal rights of children	Colorado, Florida, Illinois, Michigan, New Hampshire, Guam
k. Smoking prohibited	Michigan, Washington
l. Maintain connections to bio family	Florida, Kentucky, Missouri, Pennsylvania, Texas
m. Address suitable discipline	Colorado, Hawaii, Illinois, Iowa, Kansas, Kentucky, Michigan, Missouri, Nevada, West Virginia, Guam
n. Foster parent emotionally and physically suited	Michigan, New Hampshire, Pennsylvania, West Virginia, Puerto Rico
o. Foster parent free from disease	Illinois, Iowa, Michigan, Guam, Puerto Rico
p. Protection of the child’s religious faith/ethnic and cultural identity	Florida, Illinois, Missouri, Guam
q. Trained in smoke detectors, fire safety	North Dakota, Wyoming
r. Trained in safe sleep, SIDS, crib safety, swimming pool, electrical equipment safety	Kansas
s. CPR training	Michigan
t. Separation of foster child’s and foster parent’s funds	Minnesota
u. Training in operating life-saving medical or monitoring equipment	Minnesota
v. Car seat training	Nebraska
w. Standards for kinship, relative, grandparent eligibility	Alabama, Arizona, Delaware, the District of Columbia, Louisiana, Maryland, New York, Oklahoma, South Carolina, Tennessee, Utah
x. Standards for Indian children	Iowa, Nebraska, New Mexico
Home Study Standards/Inspections: 33 states and the District of Columbia address home study standards and/or inspections in statute	Alaska, California, Connecticut, Delaware, the District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Massachusetts, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Capacity Standards: 29 states, Guam and Puerto Rico set capacity standards in statute	Alabama, Alaska, Arizona, Arkansas, California, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maine, Michigan, Missouri, Montana, New Hampshire, Nevada, New Hampshire, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, Guam, Puerto Rico
Sleeping Standards: 3 states specifically address sleeping standards	Kansas (trained in safe sleep practices), Minnesota (training in crib safety), Rhode Island (50 square feet for a child in a junior size bed and/or 1 infant in a bassinet for each 24 square feet)
Other Living Space Standards: 7 states and the District of Columbia	Arizona, Colorado, the District of Columbia, Hawaii, Kansas, Kentucky, Michigan, Wyoming
Fire Safety/Evacuation Standards: 23 states address fire safety and related issues	Alabama, Arizona, California, Colorado, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Nebraska, New Hampshire, North Dakota, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Washington, West Virginia
Additional Health/Safety Standards: 15 states, the District of Columbia and Guam address additional health and safety standards	Alabama, Arkansas, the District of Columbia, Indiana, Kansas, Nebraska, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Washington, Guam
Criminal History Records Check Standards	All 50 states, the District of Columbia, and Guam require checks of state and national criminal records as part of the background investigation of prospective foster and adoptive parents and other caregivers. Nearly all states also require checks of national criminal records.
Abuse and Neglect/Background Check Standards	All 50 states, the District of Columbia, Guam, and Puerto Rico require checks of the child abuse and neglect registries that are maintained by the state.
Pre-License and On-going Training: 36 states address pre-licensing and on-going training requirements	Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Washington, West Virginia.
Facilities Exempted: 34 states exempt certain facilities (such as religious schools or classes, persons caring for children not more than 90 days, residential schools, children’s camps, facilities operated by state agencies other than the child welfare agency, medical care facilities, casual/irregular care, relative caregiver homes, etc.) from compliance with established standards for foster care homes.	Alabama, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, NC, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, Guam, Puerto Rico

Additional Recommended Resource: Home Study Requirements for Prospective Foster Parents, Child Welfare Information Gateway, (Provides information on statutory and administrative policies in states that include minimum standards for foster homes, training requirements, the approval process, grounds for withholding approval, and kinship care and foster to adopt requirements.)