SECTION 377:10-7-3.11. Applicable rights

(a)   Juvenile's rights. OJA requires that the juvenile in foster care is:

(1)   not forced to participate in publicity or promotional activities;

(2)   not publicly identified as in the custody of OJA;

(3)   provided an opportunity to participate in religious services;

(4)   supplied with facilities and supplies for personal care, hygiene, and grooming;

(5)   supplied with his or her own clothing and shoes appropriate to the season, age, activities, and individual needs and comparable to that of other juveniles in the community;

(6)   provided individual space in the foster home for the juvenile's personal possessions and a reasonable degree of privacy.

(A)   The juvenile has the right to bring, possess, and acquire personal belongings subject only to reasonable household rules and the Individual Treatment and Service Plan (ITSP).

(B)   Personal belongings are sent with the juvenile when the juvenile leaves the home;

(7)   expected to perform only household tasks that are within the juvenile's abilities, reasonable for the juvenile's age, and similar to those expected of other household members of comparable age and ability;

(8)   given guidance in managing money.

(A)   Money earned by the juvenile or received as a gift or allowance is the juvenile's personal property.

(B)   The juvenile is not required to use earned money to pay for room and board, unless it is a part of the ITSP and approved by the parent or custodian and OJA;

(9)   allowed privacy in writing, sending, or receiving correspondence, unless restricted by the ITSP;

(10)   not denied meals as punishment;

(11)   not subjected to remarks that belittle or ridicule the juvenile or the juvenile's family;

(12)   allowed to visit with the juvenile's family, in accordance with the service plan;

(13)   not forced to acknowledge dependency on OJA or foster home or gratitude to them;

(14)   given the opportunity, at the juvenile's or OJA's request, for private conversation with OJA's staff members who are responsible for the juvenile's supervision;

(15)   given the opportunity to file a grievance, pursuant to 377:3-1-27 through 377:3-1-30; and

(16)   provided educational opportunities in accordance with the juvenile's ITSP.

(b)   Foster parent's rights. Foster parent's rights shall include, but not be limited to, the right to:

(1)   be treated with dignity, respect, and consideration as a professional member of the treatment team;

(2)   be notified of and given appropriate, ongoing and continuing education and training to develop and enhance foster parenting skills;

(3)   be informed about ways to contact OJA or the child-placing agency in order to receive information and assistance to access supportive services for any juvenile in the foster parent's care;

(4)   receive timely financial reimbursement for providing foster care services;

(5)   be notified of any costs or expenses for which the foster parent may be eligible for reimbursement;

(6)   be provided a clear, written explanation of the ITSP concerning the juvenile in the foster parent's home;

(7)   receive, at any time during which a juvenile is placed with a foster parent, additional or necessary information that is relevant to the care of the juvenile;

(8)   be notified of scheduled review meetings, permanency planning meetings, and special staffing concerning the juvenile in order to actively participate in the case planning and decision-making process regarding the juvenile;

(9)   provide input concerning the plan of services for the juvenile and to have that input be given full consideration in the same manner as information presented by any other professional on the treatment team;

(10)   communicate with other foster parents in order to share information regarding the juvenile; specifically, information concerning the number of times a juvenile has been moved, the reasons for the movement, and the names and telephone numbers of the previous foster parents, if such information is authorized for release;

(11)   communicate with other professionals who work with the juvenile within the context of the treatment team including, but not limited to, therapists, physicians, and teachers;

(12)   be given, in a timely and consistent manner, any information regarding the juvenile and the juvenile's family which is pertinent to the care and needs of the juvenile and to the permanency plan for the juvenile. Disclosure of information shall be limited to that information which is authorized by the provisions of 10A O.S., § 2-6-101 et seq;

(13)   be given reasonable notice of any change in or addition to the services provided to the juvenile pursuant to the juvenile's ITSP;

(14)   except in emergency cases, be given written notice of plans to terminate the placement of the juvenile with the foster parents and the reasons for the changes or termination in placements;

(15)   be notified by OJA in a timely and complete manner of all court hearings, including notice of the date and time of any court hearing, the name of the judge or hearing officer, location of the hearing, and court docket number of the case;

(16)   be informed of decisions made by the court, OJA, or the child-placing agency concerning the juvenile;

(17)   be considered a preferred placement option when a juvenile who was formerly placed with a foster parent is to re-enter foster care at the same level and type of care, if that placement is consistent with the best interests of the juvenile and other children in the home of the foster parent and the protection of the public;

(18)   be provided a fair, timely, and impartial investigation of complaints concerning the certification of the foster parent;

(19)   be provided the opportunity to request and receive a fair and impartial hearing regarding decisions that affect certification retention or placement of children in the home;

(20)   be allowed to exercise parental substitute authority;

(21)   have timely access to the appeals process of OJA and the child placing agency and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal;

(22)   be provided the number of the statewide toll-free Foster Parent Hotline;

(23)   file a grievance and be informed of the process for filing a grievance;

(c)   OJA and a child-placing agency under contract with OJA shall be responsible for implementing this subsection on foster parents' rights.

(d)   Nothing in this subsection shall be construed to create a private right of action or claim on the part of any individual, OJA, or any child-placing agency, pursuant to 10A O.S., § 1-9-119(C).

[Source: Added at 31 Ok Reg 317, eff 12-3-13 (emergency); Added at 31 Ok Reg 1929, eff 9-12-14]