Independent Living Program - Florida's Center for Child Welfare

Your Rightsin Shelter orFoster CareWhy We Wrote ThisDocumentYour health and safety are veryimportant to the state of Florida.You can help us make surethat you are safe and healthyby speaking up for yourself. Inorder to help you do that, wewrote this document so you canknow what your rights are andwhat you can expect from theDepartment of Children andFamilies.Where Do Your RightsCome From?There are many sources for therights of children and youth inthe shelter and foster care ofthe Department of Children andFamilies. Some rights come fromthe United States Constitution,others from the FloridaConstitution. Florida statutes(laws) and federal statutes alsotell the state how it is supposedto treat you.My Commitment To YouAs Secretary of the Departmentof Children and Families, Iwill do my best to make surethat everyone responsible forproviding care and servicesto children in foster carewill protect the rights listedhere. I will also do my best tomake sure that they meet theexpectations listed after therights.Bob ButterworthSecretary of the Department ofChildren and FamiliesWhat Rights Do You Have?You have the right:To Know Your Rights• To be given a copy of thisdocument,• To have your rights explainedto you in words you canunderstand, and• To have your rights explainedwhen you enter into care andevery time you move to adifferent placement.To Have Your Rights RespectedThe people responsible for yourcare and protection must respectyour civil and legal rights.To Privacy• To have your privacy protected,• To send and receive mailwithout anyone reading itunless the judge says someoneelse can open your mail toprotect your safety, and• To make telephone calls atreasonable times, unless thejudge says you cannot.To Have Your PropertyProtected• To have your property (forexample, your clothes, books,electronics, money and otherthings you own) kept safewhere you live.• To bring your property withyou when you move,• To be told how money beingheld by the Department isbeing used.• To ask that your money be usedfor specific things, and• To ask that your money besaved for future uses.To Live With Your Parents orCaregiversunless a person from theDepartment and a judgedetermines that you must bemoved.To Live In A Safe Place• To live in a safe home whereno one will touch you withoutyour permission, scare you, orhurt you, and• To live in a home where youwill not get into troublefor telling people that yourrights or safety are not beingprotected.To Understand Documents YouAre Asked to Sign• To have any person who asksyou to fill out or sign a paperexplain it to you, and• To understand what you aresigning and why you are beingasked to sign it.To Complain about Your Care orServices• To make a grievance (acomplaint) to the Departmentabout how you are being caredfor by your foster parents,services worker, or otherpeople providing you services,• To make a grievance to theDepartment if any of yourrights are violated,• To make a grievance to yourcommunity-based careprovider, and• To have a lawyer or otherperson assist you in making agrievance or complaint.To Be Heard In Court• To attend court hearingsinvolving your care, and• To tell the judge what ishappening to you and whatyou want.To Have Representation In Court• To have a guardian ad litemappointed for you by the judge,• To have the guardian ad litemtell the judge what you want, inaddition to what your guardianad litem thinks is best for you,• To obtain an attorney of yourchoice, or to ask the judge toappoint one for you, and• To have the immediate andunlimited ability to meet withyour guardian ad litem andattorney.To Medical Care• To be taken to doctors anddentists, including eye doctors,for medical evaluation andtreatment.To Education• To attend school, and• To obtain special educationalservices if you need them.To Permanency• To have all efforts in court madewith out delay because time isof the essence (very important).• To have a permanent home orfamily.To Same Rights As Everyone Else• To enjoy the same rightsestablished in the Constitutionsof the United States and Floridaas every other person in thestate. That means you havethe right to individual dignity,liberty, privacy, pursuit ofhappiness, and the protectionof your civil and legal rights.What Can You Expect From TheDepartment of Children & Families?You can expect:SAFETYA Professional Investigation: The adultswho investigate whether you are at risk ofharm will have the professional training tomake the best decision possible for yourprotection.The Assistance of a Services WorkerYou can expect:• To have regular contact with your servicesworker by phone and in person,• To meet with your services worker at aminimum every 30 days,• To meet with your services worker inprivate, if you want,• For your services worker to meet with yourfoster parent in person at least every 30days, and• For your services worker to see the placeyou live at least every 30 days.The Department Will Keep ImportantRecordsYou can expect:• That your Department records arecomplete, accurate and kept up to date,• That you, your guardian and your attorneycan review and receive a copy of yourrecords free of charge,• Your photograph and fingerprints will betaken and kept in your file, and• Your birth certificate and health insuranceinformation will be kept in your file andprovided to you when you need it.Safety Plan• You can expect to participate with yourcaregivers and professionals in writinga plan to help with any of your needs orbehaviors that could present a risk to you,other children or adults.Being Heard in Court and at MeetingsYou can expect:• To have the opportunity to go to court andtalk to the judge or other persons makingdecisions about you, and• To attend hearings or meetings wheredecisions about you are being made,unless the judge decides it would not bebest for you to do so.SERVICESAppropriate Evaluations: You can expectto be tested to see if you are havingproblems, are healthy, doing well in school,or if you need to be treated by a doctor orpsychologist.Case Plan That Meets Your NeedsYou can expect:• To participate in writing your case plan,• To make sure your case plan addressesyour needs and the needs of your family,• To have the plan and all its servicesexplained to you in a way you understand,• To have a plan that respects your race andculture,• To have the opportunity to give youropinion about anything in the plan you donot like, and• To have the responses to your opinionsclearly explained to you.CounselingYou can expect:• To have trained professionals give youthe help and services you need for anyproblems you may be having, and• To have the opportunity for counseling tohelp you better understand your thoughtsand feelings about past experiences andwhat is currently happening in your life.Government Benefits: You can expectthat the Department will apply for all stateand federal benefit programs that youare eligible for and need without delay.Government benefits include Medicaid,Supplemental Security Income, disabilitybenefits, medical, and other programs forchildren and youth who are in foster care,or who are emotionally, behaviorally, orphysically disabled.Trained Staff: You can expect that thepeople who provide services to you will beproperly trained in order to meet your needs.LIVING SITUATIONBrothers & Sisters (Siblings)You can expect:• To be placed in the same home with yourbrothers & sisters, or• If it is not possible to live with them, tohave private contact with your siblings atleast once a week, unless the judge saysyou cannot.... continued on back cover