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Your Rights & Responsibilities as a Foster Parent

Foster Care in Westchester County

Work with an Experienced Family Law Attorney Today!

Being a foster parent to a child in need of a home is an incredibly rewarding experience, but it is also a legal process that requires the assistance of an attorney who knows how to handle these types of cases. At Proto, Sachs & Brown, LLP, our family law attorneys have a reputation of success and are dedicated to representing foster parents and protecting their legal rights. Backed by over 65 years of collective legal experience, you can be confident in our ability to handle your case and achieve the results you deserve.

Get started on your foster care case today and contact our law firm at (914) 840-5104 to request your free initial consultation.

The Legal Rights of Foster Parents

As a foster parent, it is important to understand your rights. When you hire an attorney, he or she will be able to advise you on your rights and ensure they are well-protected.

Below are some of your legal rights as a foster parent:

  • You have the right to hire an attorney! Legal matters involving foster care can be incredibly complex, so make sure you exercise this right. Your attorney can assist you in court with issues pertaining to permanency, termination, and false allegations abuse or neglect.
  • You have the right to written 10-day notice, an internal formal conference, a fair hearing, and even a court proceeding to contest the decision of an agency to remove a child from your home, regardless of the length of time you cared for him or her.
  • You have the right to be formally noticed and to appear and offer information at any and all permanency hearings.
  • You have the right to object at a permanency hearing if the court gives custody to the relative of a child and can request a “best interest hearing” to ensure that custody is awarded to the individual who best serves that child’s interests.
  • As a foster parent, you have the right to be considered first as an adoptive parent for any child you have fostered and been in your care for over 12 months.

The courts have, thus far, stated that foster parents do not have the right to seek visitation or custody of former foster children, though this is a rule that continues to be challenged in court.

Requirements for Becoming a Foster Parent in New York

All prospective foster homes must be evaluated to determine if it meets the basic physical, health, and safety requirements. A homefinder will visit your home and collect detailed information regarding you and any other household members and potential caregivers.

Generally, prospective foster parents can expect to be asked about:

  • Their experience raising children
  • Their experience dealing with issues of child abuse or neglect
  • Their approach to discipline
  • Their awareness regarding the importance of maintaining a safe environment for children
  • Their awareness regarding the potential impact of foster parenting on family members and the family’s current lifestyle
  • The ability and interest in carrying out the permanency plan

Additionally, to obtain certification or approval, each foster parent must:

  • Be over the age of 21
  • Be in good physical and mental health and free of communicable diseases
  • Be employed and that employment must be suitable and allow for proper care and supervision of any foster children at all times
  • The marital status of a foster parent might also be a determining factor and it is important that any changes in status are reported to the authorized agency
  • Be able to provide at least three persons who can be contacted for references to establish character

Westchester County Foster Care Attorney

At Proto, Sachs & Brown, LLP, our Westchester County family law team believes that your rights as a foster care parent deserve exceptional legal protection and will dedicate our knowledge, experience, and resources to fighting on your behalf and ensuring you receive the best possible results for your case. No matter what type of legal matter you are facing as a foster care parent, you can rely on us to provide the help you need.

Get started on your case today and contact us at (914) 840-5104 to request your free initial case evaluation.

Why You Should Choose Our Law Firm

  • Experience & Perspective

    65+ years of combined experience, including criminal prosecution

  • Published Legal Authors

    Co-authored national bestsellers on DWI and criminal defense

  • Award Winning

    Avvo Clients’ Choice Award for Family Law and Criminal Defense

  • Premier Counsel

    Selection for Super Lawyers® (top 5% of New York attorneys)

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