National Coalition for Parent Advocacy- Parents' Bill of Rights (includes both Mothers and Fathers)
Bill
of Rights (strengthening-families.org)
Parents' Bill of Rights
(includes both Mothers and Fathers)
Bill
of Rights (strengthening-families.org)
The National Coalition for Parent Advocacy has created
a Parents’ Bill of Rights describing the essential protection for
all parents/caregivers who become involved in the child welfare system. Some of
these rights are in Federal child welfare law and are therefore required in
every state. Other rights may be upheld as standard practice in some but not
all states. We are promoting these rights on moral grounds, to ensure
positive outcomes for families involved in the child welfare system.
- Every
parent has the right to culturally and linguistically appropriate
education, housing, health, and mental health, food and nutrition,
financial, and parenting support needed to raise their children.
- Every
parent has the right to get help when they ask for it, including immediate
access to neighborhood and community support such as child care, health
and mental health care, access to substance abuse programs, and in-home
services, that help them prevent the removal of their children from their
home.
- Every
parent whose child is involved in the child welfare system has the right
to receive support and help from a parent advocate (who has been involved
in child protective services) to successfully navigate the system and
advocate for their family.
- Every
parent has the right to know why they are being investigated by the child
protection system and the outcome of any investigation; to be provided
with a clear and immediate explanation of every step of the child
protection process, and their rights from the very beginning (including their
right not to let the caseworker in when they knock on the door if they do
not have a warrant), and to receive information on available assistance
and help parents advocate for themselves and their family.
- Every
parent has the right to an emergency hearing no later than 24 hours
following their child’s removal from their home.
- Every
parent has the right to fair treatment including due process protections
(including the right to be present and bring witnesses to all proceedings,
have an attorney, appeal agency decisions, and make complaints or raise
concerns); equal treatment without regard to race, ethnicity, gender,
disability, age, religion, economic status, family composition, or sexual
orientation; access to immediate, affordable, high quality, competent,
knowledgeable, and assertive legal representation, from the report through
the investigation, court and “reunification” stages.
- Every
parent who is being investigated by child protective services has the
right to be considered “innocent until proven guilty,” not to be judged
guilty by association, and not to be considered neglectful or abusive
solely because they or their child has a disability or mental health need.
- Every
parent has the right to speak for themselves and to be respectfully heard
at every step of the child protective service process.
- Every
parent has the right to have fair and reasonable expectations with regard
to the child welfare system; to have these expectations developed with,
shared in writing with, and clearly explained to the parents in a manner
they can understand, and receive the support needed to meet those
expectations.
- Every
parent whose child is involved in the child welfare system has the right
to privacy (including keeping their records confidential unless they
provide written parental consent), to access their own child and family
records at any time at no cost, and to have their names expunged from any
child protective services agency/central registry if there are no findings
and/or after a reasonable amount of time after they have met all agency
expectations.
- Every
parent whose child is involved in the child welfare system has the right
to convene a meeting within a reasonable amount of time (no later than a
week) with the agency and interested parties.
- Every
parent has the right to have their child/ren expeditiously placed with a
family member or close family friend, identified in consultation with the
parent, and have no “unreasonable” barriers placed in the way of having
the child/ren placed with that family member or close family friend.
- Every
parent whose child is involved in the child welfare system has the right
to make decisions about their child’s education, health, mental health, and religious education; be informed about the progress their child is making
with regard to education, health, and development, and about the people
and/or services involved with their child; and accompany their child to
school and medical visits, even while their child is in care.
- Every
parent has the right to exercise their First Amendment rights, including
the right to free exercise of religion, freedom of speech, and freedom of
association, without being penalized by the child welfare system.
- Every
parent has the right to see and communicate with their child daily while their child is in care, at times and locations that are convenient to the parent and at no cost.
© 2009, National Coalition for Parent Advocacy in Child
Protective Services
