Within five calendar days of case opening, parents or
primary caretakers shall receive a written summary of their rights and
responsibilities which shall be fully explained using clear and consistent
language. Parent/caretaker have the following rights:
* the right to regular visitation and other contacts,
such as letters and telephone calls (unless ordered otherwise by the court);
* the right to participate in major decisions affecting
the child and to be notified of changes in the casework plan;
* the right to assistance from the Worker to help them
alleviate the problems which caused removal from the home;
* the right to participate in the development of an
family service plan for parents;
* the responsibilities to fulfill their part of the
family service plan for parents;
* the right to a two week notice prior to changes in the
child's placement or visitation schedule;
* the right to know about the state law which mandates
DFCS to secure permanency in 6 months;
* the right to attend/participate in child's permanency
(dispositional) reviews;
* the responsibility to request/participate in Family
Team Meetings.
The original of the signed Rights and Responsibilities
form shall be filed in the case record and a copy given to the parent.
See Policy Section D.
A.
Informing Parents of His / Her
Rights and Responsibilities.
The Worker will mail or deliver to the parent a copy of
the Parents Rights and Responsibilities. The Worker will include a self-
addressed stamped envelope so the parent can sign the R & R and return a
copy to DFCS. Once the Parents R & R are received the Worker will document
in MACWIS. See Policy Section D.
A written summary of client rights and their
responsibilities must be posted in the reception areas of all service delivery
locations. Client Rights and Responsibilities posters must be displayed
prominently in all public areas of the county DFCS offices. Each county office
shall designate a Worker to conduct a monthly facility walk through and to
complete a checklist, which includes a question regarding whether the Client
Rights and Responsibilities poster is posted in the lobby.
B.
Placement Cases
You have rights and responsibilities while you are
involved with DFCS of Family and Children's Services (DFCS). These are the
rights and responsibilities for parents and/or guardians of children who are in
the custody of the MDHS. The normal hours of operation for DFCS are 8:00 a.m.
until 5:00 p.m. Monday through Friday, excluding state holidays. In case of
emergencies, contact may be made after hours, weekends, and/or on state
holidays at 1-800-222-8000.
YOU HAVE THE RIGHT
TO:
1. Regular
visits and other contact with your child, such as letters and telephone calls.
*
2. Give input into
decisions affecting your child.
3.
Identify and discuss your family's strengths and areas needing improvement with
your Worker to develop your Family Service Plan.
4. Expect your child to be free from abuse,
neglect and exploitation.
5.
Expect your child not to receive any harsh, cruel, unusual, unnecessary,
demeaning, or humiliating punishment. This includes not being shaken, hit,
spanked, or threatened, forced to do unproductive work, be denied food, sleep,
access to a bathroom, mail, or family visits as punishment.
6. Expect your child to be disciplined in a
manner that is appropriate to how mature he/she is, his/her developmental
level, and his/her medical condition. Discipline does not include the use of
restraint, seclusion, corporal punishment or threat of corporal punishment.
7. Help decide the long term plan
for your child and to be notified of changes in the plan.
8. Have help in correcting the problems that
caused your child to be placed outside your home.
9. Have office phone numbers and office
addresses for your Worker and your Worker's supervisor.
10. Participate in your child's county
conferences and court hearings.
11. Refuse any service or treatment
recommended by DFCS unless court ordered.
12. Two weeks' notice before your child's
placement or visit schedule changes.
**
13. Ask to meet with your child's Resource
Parents.
14. Have your child's
Native American (Indian) ancestry recognized and respected. We will tell the
Bureau of Indian Affairs about our involvement with your family and follow the
tribe's decisions for handling your case.
15. Be treated with dignity and respect and
receive services without regard to age, race, color, creed, religion, national
origin, sex, disability, or political affiliation.
** In emergency situations we may not be
able to notify you.
YOU HAVE THE RESPONSIBILITY
TO:
1. Help
financially to support your child
2. Remember your child on birthdays and
holidays with visits, gifts, calls, or cards.
3. Complete your part of your Family Service
Plan
. This
may include paying for the cost or part
of the cost of a task.
4. Ask for
and be a part of all Family Team Meetings.
5. Help develop your child's visitation plan.
6. Give 48 hours' notice if you
can't come to a visit with your child.
7. Give to your Worker the names, phone
numbers, and addresses of your relatives who may be able to care for your
child.
8. Give your Worker all
medical and educational information about your child.
CONFIDENTIALITY:
Your family's information is confidential and private. We
will not disclose any information without your written permission or by order
of the court. However, information may be shared with law enforcement or the
Office of the District Attorney without your written permission. We may contact
other people to assess the safety of your child.
Confidentiality laws additionally limit the information
we can share with you. We are not able to name the reporter in any
investigation, tell you what anyone else said, or give you a copy of any
investigation.
C.
For Youth 14 or Older in Foster
Care
These are the rights and responsibilities for youth
fourteen (14) and older in the custody of the MDHS. The normal hours of
operation for DFCS are 8:00 a.m. until 5:00 p.m. Monday through Friday,
excluding state holidays. In case of emergencies, contact may be made after
hours, weekends, and/or on state holidays at 1-800-222-8000.
YOU HAVE THE RIGHT
TO:
1. Know why
you are in foster care and how we will meet your needs.
2. Know what progress your family will have
to make before you may return home.
3. Visit with your family unless the youth
court judge says that you cannot.
4. Know your worker, to know his/her
supervisor, to know their office phone numbers and addresses, and to know how
to get help from your Caseworker.
5. Be free from abuse, neglect and
exploitation.
6. To fair
treatment, whatever my gender, gender identity, race, ethnicity, religion,
national origin, disability, medical problems, or sexual orientation.
7. Not receive any harsh, cruel,
unusual, unnecessary, demeaning, or humiliating punishment. This includes not
being shaken, hit, spanked, or threatened, forced to do unproductive work, be
denied food, sleep, access to a bathroom, mail, or family visits as punishment.
You will not receive remarks that make fun of you or your family or any threats
of losing your placement or shelter.
8. Be disciplined in a manner that is
appropriate to how mature you are, your developmental level, and your medical
condition. You must be told why you were disciplined. Discipline does not
include the use of restraint, seclusion, corporal punishment or threat of
corporal punishment.
9. Expect a
safe and healthy place to stay while you are away from your home and to know
all the rules and regulations of your placement.
10. Take part in decisions made about you, to
attend court hearings unless the youth court judge says you cannot, to attend
foster care review conferences and to participate in designing your Family
Service Plan (FSP).
11. An
advocate who represents your best interests in court (GAL) and to have contact
information for him/her and the right to counsel.
12. Know when your placement or your visits
with your family are about to change. (Your Caseworker will tell you as soon as
they know there will be a change.)
13. Participate in Independent Living
activities such as skills groups and retreats to help prepare you to live on
your own if you cannot return home.
14. Be treated with dignity and respect and
receive services without regard to race, color, creed, religion, national
origin, sex, age, disability, or political affiliation.
YOU HAVE THE RESPONSIBILITY
TO:
1.
Let someone know if you feel you have been treated unfairly by:
* Talking with your Caseworker about the problem.
* If the problem is not resolved, asking your Caseworker
or another Caseworker to arrange for you to talk with the ASWS.
* If the problem is still not resolved, asking the ASWS
to let you talk with the RD.
* If there is still a problem, calling the state
complaint/grievance unit at 1 -601-359-4330.
1. Participate in Independent Living
activities such as skills groups and retreats to help prepare you to live on
your own if you cannot return home.
2. Obey the rules and regulations of your
placement and know what the consequences will be if you do not.
3. Understand that your behavior can disrupt
your placement causing unnecessary moves.
4. Treat others with dignity and respect
without regard to race, color, creed, religion, national origin, sex, age,
disability or political affiliation.
CONFIDENTIALITY:
Your family's information is confidential and private. We
will not disclose any information without your parent's written permission or
by order of the court. However, information may be shared with law enforcement
or the Office of the District Attorney without your parent's written
permission. We may contact other people to assess your safety.
Confidentiality laws limit the information we can share
with you. We are not able to name the reporter in any investigation, tell you
what anyone else said, or give you a copy of any investigation.
D.
Rights and
Responsibilities Children 13 and Under in Foster Care
You have rights and responsibilities while you are
involved with DFCS of Family and Children's Services (DFCS). These are the
rights and responsibilities for children thirteen and under who are in the
custody of the MDHS. The normal hours of operation for DFCS are 8:00 a.m. until
5:00 p.m. Monday through Friday, excluding state holidays. In case of
emergencies, contact may be made after hours, weekends, and/or on state
holidays.
YOU HAVE THE RIGHT
TO:
1. You have
the right to know why you are in foster care and how we will take care of you.
2. You have the right to visit
with your family unless the youth court judge says you cannot do so.
3. You have the right to know your worker, to
know his/her boss, to know their phone numbers and to know how to get help from
your worker.
4. You have the right
to expect a safe and healthy place to stay while you are away from your home
and to know all the rules and regulations of the place you are staying.
5. Be free from abuse, neglect and
exploitation.
6. To fair
treatment, whatever my gender, gender identity, race, ethnicity, religion,
national origin, disability, medical problems, or sexual orientation.
7. Not receive any harsh, cruel,
unusual, unnecessary, demeaning, or humiliating punishment. This includes not
being shaken, hit, spanked, or threatened, forced to do unproductive work, be
denied food, sleep, access to a bathroom, mail, or family visits as punishment.
You will not receive remarks that make fun of you or your family or any threats
of losing your placement or shelter.
8. Be disciplined in a manner that is
appropriate to how mature you are, your developmental level, and your medical
condition. You must be told why you were disciplined. Discipline does not
include the use of restraint, seclusion, corporal punishment or threat of
corporal punishment.
9. You have
the right to take part in decisions made about you, to know when court hearings
are held, and to ask for the help of a lawyer
10. You have the right to know when your
place to stay or your visits with your family are about to change. (Your worker
will tell you as soon as they know there will be a change.)
11. You have the right to be treated with
dignity and respect and receive services without regard to race, color, creed,
religion, national origin, sex, age, disability, or political
affiliation.
YOU HAVE THE RESPONSIBILITY
TO:
Let someone know if you feel you have been treated
unfairly by:
1. Talking with your
worker about the problem.
2. If
the problem is not fixed, asking your worker or someone else to arrange for you
to talk with the ASWS (Area Social Worker Supervisor). This person is your
worker's boss.
3. If the problem
is still not fixed, asking the ASWS to let you talk with his/her boss.
4. After all of that, if there is
still a problem, calling the state complaint/grievance unit at 1-800-222-8000.
CONFIDENTIALITY:
Your family's information is confidential and private. We
will not disclose any information without your parent's written permission or
by order of the court. However, information may be shared with law enforcement
or the Office of the District Attorney without your parent's written
permission. We may contact other people to assess your safety.
Confidentiality laws limit the information we can share
with you. We are not able to name the reporter in any investigation, tell you
what anyone else said, or give you a copy of any investigation.
