4747973 Child and Family Services Agency - Notice of Proposed Rulemaking - Foster Youth Statement of Rights and Responsiblities

CHILD AND FAMILY SERVICES AGENCY

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Child and Family Services Agency (CFSA), pursuant to Section 372 of the Prevention of Child Abuse and Neglect Act of 1977 (Act), as amended, effective April 23, 2013 (D.C. Law 19-276; 60 DCR 2060) and Mayor’s Order 2013-145, dated August 8, 2013, hereby gives notice of her intent to adopt the following amendments to Chapters 60 (Foster Homes) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of notice in the D.C. Register, and following approval of the rules by the D.C. Council.

 

The purpose of the amendments is to implement provisions of the Act regarding the care and treatment of foster youth.  However, these amendments do not establish any additional private right of action beyond that which already exists under federal or District law. The implementation of specific rights and responsibilities shall be consistent with each foster child’s health, welfare, age, and level of development. 

 

Pursuant to the § 372(c) of the Act, the proposed rules will also be transmitted to the Council for approval of the rules by resolution within the forty-five (45) day review period.

 

Chapter 60, FOSTER HOMES, of Title 29, PUBLIC WELFARE, of the DCMR is amended as follows:

 

Section 6004.1 is amended to read as follows: 

 

6004.1             The following principles and rights are to govern the care and treatment of foster

children.

 

                        Each child is:

 

(a)                To receive (or have his or her legal representative or guardian ad litem) a printed copy of this section.

 

(b)               To be treated with fairness, dignity, and respect.

 

(c)                To receive appropriate and reasonable adult guidance, support, and supervision, consistent with his or her age and level of development.

 

(d)               Not to be abused, mistreated, threatened with harm, harassed, subjected to

            corporal punishment or other unusual or extreme methods of discipline.

 

(e)                Not to be denied the opportunity to have visits, telephone calls, or mail contact with his or her family members, social workers, guardian ad litem, or attorney, as a form of discipline.

 

(f)                To receive language translation in accordance with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.)).

 

(g)               Not to be subjected to discrimination as provided in the D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et. seq.))

 

(h)               As appropriate and consistent with his or her age and level of development, to know the reason he or she came into foster care and his or her permanency goal.

 

(i)                 As appropriate for his or her age and level of development, to be informed of decisions made on his or her behalf by the Agency and have the opportunity to participate in meetings where decisions are being made regarding him or her.

 

(j)                 To receive a social security card, state or District identification card, and available copies of his or her birth certificate, immunization records, medical insurance information, health records, education records, and immigration documents at least 30 days before leaving care. If the foster child is not 18 years of age, copies of these documents will be given to his or her guardian ad litem and legal guardian. 

 

(k)               To receive assistance in opening an individual interest bearing savings account in a financial institution that is federally insured, as appropriate and consistent with his or her age and level of development. 

 

(l)                 To have his or her records and personal information kept confidential and disclosed only in accordance with law.

 

(m)             To have reasonable privacy with respect to his or her person and property and when using the telephone and computer.

 

(n)               To receive reasonable accommodation to attend religious services, events, and activities of his or her choice.

 

(o)               Not to be coerced into attending religious services, events, or activities against his or her belief.

 

(p)               To reside in a foster home that is maintained in a safe, sanitary condition with reasonable measures being taken to keep it free from rodent and insect infestation.

 

(q)               To be permitted to bring personal belongings into foster care, acquire them while in care and take these belongings when he or she changes placements or exits foster care.

 

(r)                 Subject to the availability of appropriate placements, to be placed with all or some siblings unless the placement is precluded by court order or not appropriate to the safety, best interest, or needs of the children.

 

(s)                To have visitation and communication with parents and siblings consistent with applicable court orders and reasonable, age and clinically appropriate visitation and communication with other relative or friends.

 

(t)                 To have opportunities for continued connections with his or her family and others with whom he or she has meaningful relationships unless such a connection would be harmful to his or her safety or is precluded by court order. 

 

(u)               To have the contact information of his or her current social worker, guardian ad litem, attorney and court-appointed special advocate, as applicable.

 

(v)               To have regular communication and visitation from his or her social worker and his or her telephone calls and emails to his or her social worker returned within a reasonable amount of time.

 

(w)             To receive adequate and healthy food in accordance with his or her religious beliefs and reasonable dietary preferences, including vegetarianism, or medically or specially prescribed dietary needs.

 

(x)               To have his or her own adequate and appropriate seasonable clothing and footwear as well as necessary uniforms and professional clothing.  Depending on his or her age and level of development, he or she should have the opportunity to provide input on the choice of clothing and footwear.

 

(y)               To have his or her own appropriate personal hygiene items.

 

(z)                To receive timely, adequate, and appropriate medical, dental, vision, mental health services, and drug and alcohol abuse and addiction services.

 

(aa)            To have information and the opportunity to communicate a preference or concern regarding treatment, medication, and medication options, as appropriate and consistent with his or her age and level of development.

 

(bb)            To receive a free and appropriate public education if he or she is of compulsory school age.

 

(cc)            To remain in his or her school of origin and maintain school continuity, unless it is contrary to his or her best interests or is inconsistent with the provision of special services to the child.

 

(dd)          Be permitted to participate in school-related extracurricular and recreational activities, and receive appropriate educational supports, as appropriate and consistent with his or age and her level of development.

 

(ee)            To receive post-secondary education, job readiness, and vocational training support, as needed.

 

(ff)             To receive timely notice of and have the ability to attend and be heard at court hearings relating to his or her case, as applicable and consistent with his or her age and level of development.

 

(gg)           To be represented by a guardian ad litem subject to the order of appointment by the Superior Court.

 

(hh)           To be permitted to request the court to appoint an attorney to represent his or her interest.

 

(ii)                To participate in the development of service plans and a transition plan that includes or addresses specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports, and employment services  as applicable, consistent with his or her age and level of development and the availability of such program services.

 

(jj)                To be provided with opportunities to participate in age appropriate independent living activities and programs.

 

(kk)           To receive assistance in applying for a state identification card or driver’s license.

 

(ll)               To be considered for limited financial assistance for a driver’s education program at age 18, as funding allows if he or she has demonstrated the maturity and personal, social, and educational responsibility necessary for the operation of a motor vehicle.  

 

(mm)       To receive a copy of consumer credit report annually at age 16 and assistance in interpreting and attempting to resolve any inaccuracies in the report as required by 42 U.S.C. § 675(5)(I). 

 

(nn)           To be provided reasonable transportation to and from normal daily activities, including school, after school activities, medical appointments, employment, family visitation, religious events, cultural events, and activities, as funding allows, included in his or her case plan or service plan.

(nn)

(oo)           To be permitted to report concerns under this section or concerns regarding care, placement, and services to the Agency and to be free from retaliation or threats of retaliation for reporting a concern.

 

(pp)           To receive an explanation of the process for reporting concerns to the Agency and receive a timely response when a concern is reported to the Agency. 

 

Section 6004.3 is amended to read as follows:

 

6004.3             This section does not establish any additional private right of action beyond that which already exists under federal or District law.

 

Chapter 62 (Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities, and Youth Group Homes) is amended as follows: 

Section 6203 (Statement of Resident’s Rights and Responsibilities) is amended to read as follows: 

 

6203.1             A resident in a facility not intended exclusively for children who have been abused or neglected has the following rights. The facility shall conspicuously post the “Statement of Residents’ rights and Responsibilities” in the facility.  This statement shall include all of        the material contained in this section.  

           

            Each resident is:

 

(a)                To be treated with fairness, dignity, and respect.

 

(b)               To receive appropriate and reasonable adult guidance, support, and supervision, consistent with the resident's age and level of development.

 

(c)                Not to be abused, mistreated, threatened, harassed, or subjected to corporal punishment or to other unusual or extreme methods of discipline.

 

(d)               To have his or her opinion heard and to be included, to the greatest extent possible, and consistent with the resident's age and level of development, when any major decisions, including regular case planning meetings, are being made affecting his or her life.

 

(e)                To have reasonable and clinically appropriate visitation, mail, and telephone communication with relatives, friends, significant others, attorneys, social workers, therapists, and guardians ad litem.

 

(f)                 To have his or her relatives and designated representatives, who are authorized in writing by the contracting entity, be able to communicate with the facility, ask questions of the facility, and have their questions answered promptly by the facility.

 

(g)               To have language translation, if necessary.

 

(h)               In accordance with the District of Columbia Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38, D.C. Official Code § 1-2501 et seq.),  not to be discriminated against on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income or place of residence or business.

 

(i)                 To have all other rights specifically set forth in this chapter.

 

6203.2             The following principles and rights are to govern the care and treatment of a foster child who is a resident of a facility for children who have been abused or neglected.  Each such foster child is:

 

(a)                To receive (or have his or her legal representative or guardian ad litem) a printed copy of this section.

 

(b)               To be treated with fairness, dignity, and respect.

 

(c)                To receive appropriate and reasonable adult guidance, support, and supervision, consistent with his or her age and level of development.

 

(d)               Not to be abused, mistreated, threatened with harm, harassed, subjected to

            corporal punishment or other unusual or extreme methods of discipline.

 

(e)                Not to be denied the opportunity to have visits, telephone calls, or mail contact with his or her family members, social workers, guardian ad litem, or attorney, as a form of discipline.

 

(f)                To receive language translation in accordance with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.)).

 

(g)               Not to be subjected to discrimination as provided in D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.).

 

(h)               As appropriate and consistent with his or her age and level of development, to know the reason he or she came into foster care and his or her permanency goal.

 

(i)                 As appropriate for his or her age and level of development, to be informed of decisions made on his or her behalf by the Agency and have the opportunity to participate in meetings where decisions are being made regarding him or her.

 

(j)                 To receive a social security card, state or District identification card, and available copies of his or her birth certificate, immunization records, medical insurance information, health records, education records, and immigration documents at least 30 days before leaving care. If the foster child is not 18 years of age, copies of these documents will be given to his or her guardian ad litem and legal guardian. 

 

(k)               To receive assistance in opening an individual interest bearing savings account in a financial institution that is federally insured, as appropriate and consistent with his or her age and level of development. 

 

(l)                 To have his or her records and personal information kept confidential and disclosed only in accordance with law.

 

(m)             To have reasonable privacy with respect to his or her person and property and when using the telephone and computer.

 

(n)               To receive reasonable accommodation to attend religious services, events, and activities of his or her choice.

 

(o)               Not to be coerced into attending religious services, events, or activities against his or her belief.

 

(p)               To reside in a facility that is maintained in a safe, sanitary condition with reasonable measures being taken to keep it free from rodent and insect infestation.

 

(q)               To be permitted to bring personal belongings into foster care, acquire them while in care and take these belongings when he or she changes placements or exits foster care.

 

(r)                 Subject to the availability of appropriate placements, to be placed with all or some siblings unless the placement is precluded by court order or not appropriate to the safety, best interest or needs of the children.

 

(s)                To have visitation and communication with parents and siblings consistent with applicable court orders and reasonable, age and clinically appropriate visitation and communication with other relative or friends.

 

(t)                 To have opportunities for continued connections with his or her family and others with whom he or she has meaningful relationships unless such a connection would be harmful to his or her safety or is precluded by court order. 

 

(u)               To have the contact information of his or her current social worker, guardian ad litem, attorney and court-appointed special advocate, as applicable.

 

(v)               To have regular communication and visitation from his or her social worker and his or her telephone calls and emails to his or her social worker returned within a reasonable amount of time.

 

(w)             To receive adequate and healthy food in accordance with his or her religious beliefs and reasonable dietary preferences, including vegetarianism, or medically or specially prescribed dietary needs.

 

(x)               To have his or her own adequate and appropriate seasonable clothing and footwear as well as necessary uniforms and professional clothing.  Depending on his or her age and level of development, he or she should have the opportunity to provide input on the choice of clothing and footwear.

 

(y)               To have his or her own appropriate personal hygiene items.

 

(z)                To receive timely, adequate, and appropriate medical, dental, vision, mental health services, and drug and alcohol abuse and addiction services.

 

(aa)            To have information and the opportunity to communicate a preference or concern regarding treatment, medication, and medication options, as appropriate and consistent with his or her age and level of development.

 

(bb)           To receive a free and appropriate public education if he or she is of compulsory school age.

 

(cc)            To remain in his or her school of origin and maintain school continuity, unless it is contrary to his or her best interests or is inconsistent with the provision of special services to the child.

 

(dd)          To be permitted to participate in school-related extracurricular and recreational activities, and receive appropriate educational supports, as appropriate and consistent with his or her age and level of development.

 

(ee)            To receive post-secondary education, job readiness, and vocational training support, as needed.

 

(ff)             To receive timely notice of and have the ability to attend and be heard at court hearings relating to his or her case, as applicable and consistent with his or her age and level of development.

 

(gg)           To be represented by a guardian ad litem subject to the order of appointment by the Superior Court.

 

(hh)           To be permitted to request the court to appoint an attorney to represent his or her interest.

 

(ii)               To participate in the development of service plans and a transition plan that includes or addresses specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports, and employment services as applicable, consistent with his or her age and level of development and the availability of such program services.

 

(jj)               To be provided with opportunities to participate in age appropriate independent living activities and programs.

 

(kk)           To receive assistance in applying for a state identification card or driver’s license.

 

(ll)               To be considered for limited financial assistance for a driver’s education program at age 18, as funding allows if he or she has demonstrated the maturity and personal, social, and educational responsibility necessary for the operation of a motor vehicle.  

 

(mm)       To receive a copy of consumer credit report annually at age 16 and assistance in interpreting and attempting to resolve any inaccuracies in the report as required by 42 U.S.C. § 675(5)(I). 

 

(nn)           To be provided reasonable transportation to and from normal daily activities, including school, after school activities, medical appointments, employment, family visitation, religious events, cultural events, and activities, as funding allows, included in his or her case plan or service plan.

(nn)

(oo)           To be permitted to report concerns under this section or concerns regarding care, placement, and services to the Agency and to be free from retaliation or threats of retaliation for reporting a concern.

 

(pp)           To receive an explanation of the process for reporting concerns to the Agency and receive a timely response when a concern is reported to the Agency. 

 

(qq)      To be informed of the facility’s grievance procedure.

 

6203.3             Section 6203.2 does not establish any additional private right of action beyond that which already exists under federal or District law.

 

6203.4             A resident shall have the following responsibilities:

 

(a)                A resident shall accept responsibility, consistent with his or her age and level of development, for keeping his or her room(s) and possessions in good order and for completing assigned daily or weekly chores.

 

(b)               A resident shall comply with the policies and procedures governing his or her conduct.

 

(c)                A resident shall participate in the facility's programs and activities.

 

(d)               A resident of school age shall attend school or other alternative education

            programs, except in extenuating circumstances and such circumstances shall be documented in the resident's case record.

 

(e)                A resident shall follow appropriate minimum personal care and hygiene standards established by the facility, consistent with each resident's physical and developmental capabilities.

 

 

Chapter 63, Independent Living Programs, of Title 29, PUBLIC WELFARE, of the DCMR is amended as follows:

 

Section 6303.1 is amended to read as follows:

 

6301.1             The following principles and rights are to govern the care and treatment of residents. 

 

Each resident is: 

 

(a)             To receive (or have his or her legal representative or guardian ad litem) a printed copy of this section.

 

(b)            To be treated with fairness, dignity, and respect.

 

(c)             To receive appropriate and reasonable adult guidance, support, and supervision, consistent with his or her age and level of development.

 

(d)            Not to be abused, mistreated, threatened with harm, harassed, subjected to

           corporal punishment or other unusual or extreme methods of discipline.

 

(e)             Not to be denied the opportunity to have visits, telephone calls, or mail contact with his or her family members, social workers, guardian ad litem, or attorney, as a form of discipline.

 

(f)             To receive language translation in accordance with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.)).

 

(g)            Not to be subjected to discrimination as provided in D.C. Human Rights Act  of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.).

 

(h)            As appropriate and consistent with his or her age and level of development, to know the reason he or she came into foster care and his or her permanency goal.

 

(i)              As appropriate for his or her age and level of development, to be informed of decisions made on his or her behalf by the Agency and have the opportunity to participate in meetings where decisions are being made regarding him or her.

 

(j)              To receive a social security card, state or District identification card, and available copies of his or her birth certificate, immunization records, medical insurance information, health records, education records, and immigration documents at least 30 days before leaving care. If the foster child is not 18 years of age, copies of these documents will be given to his or her guardian ad litem and legal guardian. 

 

(k)            To receive assistance in opening an individual interest bearing savings account in a financial institution that is federally insured, as appropriate and consistent with his or her age and level of development. 

 

(l)              To have his or her records and personal information kept confidential and disclosed only in accordance with law.

 

(m)          To have reasonable privacy with respect to his or her person and property and when using the telephone and computer.

 

(n)            To receive reasonable accommodation to attend religious services, events, and activities of his or her choice.

 

(o)            Not to be coerced into attending religious services, events or activities against his or her belief.

 

(p)            To reside in a facility that is maintained in a safe, sanitary condition with reasonable measures being taken to keep it free from rodent and insect infestation.

 

(q)            To be permitted to bring personal belongings into foster care, acquire them while in care and take these belongings when he or she changes placements or exits foster care.

 

(r)              Subject to the availability of appropriate placements, to be placed with all or some siblings unless the placement is precluded by court order or not appropriate to the safety, best interest or needs of the children.

 

(s)             To have visitation and communication with parents and siblings consistent with applicable court orders and reasonable, age and clinically appropriate visitation and communication with other relative or friends.

 

(t)              To have opportunities for continued connections with his or her family and others with whom he or she has meaningful relationships unless such a connection would be harmful to his or her safety or is precluded by court order. 

 

(u)            To have the contact information of his or her current social worker, guardian ad litem, attorney and court-appointed special advocate, as applicable.

 

(v)            To have regular communication and visitation from his or her social worker and his or her telephone calls and emails to his or her social worker returned within a reasonable amount of time.

 

(w)          To receive adequate and healthy food in accordance with his or her religious beliefs and reasonable dietary preferences, including vegetarianism, or medically or specially prescribed dietary needs.

 

(x)            His or her own adequate and appropriate seasonable clothing and footwear as well as necessary uniforms and professional clothing.  Depending on his or her age and level of development, he or she should have the opportunity to provide input on the choice of clothing and footwear.

 

(y)            To have his or her own appropriate personal hygiene items.

 

(z)             To receive timely, adequate, and appropriate medical, dental, vision, mental health services, and drug and alcohol abuse and addiction services.

 

(aa)         To have information and the opportunity to communicate a preference or concern regarding treatment, medication, and medication options, as appropriate and consistent with his or her age and level of development.

 

(bb)        To receive a free and appropriate public education if he or she is of compulsory school age.

 

(cc)         To remain in his or her school of origin and maintain school continuity, unless it is contrary to his or her best interests or is inconsistent with the provision of special services to the child.

 

(dd)       To be permitted to participate in school-related extracurricular and recreational activities, and receive appropriate educational supports, as appropriate and consistent with his or age and her level of development.

 

(ee)         To receive post-secondary education, job readiness, and vocational training support, as needed.

 

(ff)          To receive timely notice of and have the ability to attend and be heard at court hearings  relating to his or her case, as applicable and consistent with his or her age and level of development.

 

(gg)        To be represented by a guardian ad litem subject to the order of appointment by the Superior Court.

 

(hh)        To be permitted to request the court to appoint an attorney to represent his or her interest.

 

(ii)            To participate in the development of service plans and a transition plan that includes or  addresses specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports, and employment services  as applicable, consistent with his or her age and level of development and the availability of such program services.

 

(jj)            To be provided with opportunities to participate in age appropriate independent living activities and programs.

 

(kk)        To receive assistance in applying for a state identification card or driver’s license.

 

(ll)            To be considered for limited financial assistance for a driver’s education program at age 18, as funding allows if he or she has demonstrated the maturity and personal, social, and educational responsibility necessary for the operation of a motor vehicle.  

 

(mm)    To receive  a copy of consumer credit report annually at age 16 and assistance in interpreting and attempting to resolve any inaccuracies in the report as required by 42 U.S.C. § 675(5)(I). 

 

(nn)        To be provided reasonable transportation to and from normal daily activities, including school, after school activities, medical appointments, employment, family visitation, religious events, cultural events, and activities, as funding allows, included in his or her case plan or service plan.

(nn)

(oo)        To be permitted to report concerns under this section or concerns regarding care, placement, and services to the Agency and to be free from retaliation or threats of retaliation for reporting a concern.

 

(pp)        To receive an explanation of the process for reporting concerns to the Agency and receive a timely response when a concern is reported to the Agency. 

 

(qq)   To be informed of the facility’s grievance procedure.

 

 

A new Subsection 6303.7 is added to read as follows:

 

6303.7             Section 6303 does not establish any additional private right of action beyond that which already exists under federal or District law.

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing within thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Lionel Sims, General Counsel, Child and Family Services Agency, 400 6th Street, S.W., Washington, D.C. 20024, at [e-mail] or online at dcregs.dc.gov. Copies of these proposed rules may be obtained without charge at the address above or online at dcregs.dc.gov.