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:confused: I realize that foster parents do not have identical rights as employees who are on state payroll. We are, however - licensed through the state and supervised by a private or county agency.
I could use some legal insight. It seems to me that we receive "pay" and are supervised by an agency or county.
I have felt as though some of my rights have been violated but I'm struggling with how to bring it up.
Can anyone with real legal understanding comment? (We all agree that it is a "JOB", so I'm not looking for affirmation on that.)
I guess we have citizen rights, some of which are suspended during the initial vetting process....and we should also have "licencee"
rights. thanks.
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We are pretty much volunteers. Really, nothing more. We have no rights, we get no compensation. Nada. Every dollar we get every month is supposed to be for the care of the child (however you interpret that).
It is my understanding it IS considered a job in the UK? I almos heard they get treated with respect from the agencies and have a lot more rigorous documentation, appearences, visits to their home, etc.
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bumping. still unsure ....
Anyone have ohio state insight?
I know we have some ohio state rights to privacy as to our "identity as foster parents" privacy rights. That is, because we are "maintenance recipients", the LimaNews.com internet newspaper service cannot ask our county for a full list of names and addresses of foster parents.....
Other things, like minor illnesses--we can also keep private from our agency. (Like going to the ER for angina but it ends up just being a panic attack, for example)
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Foster parents might not be independent contractors, but we are
considered professionally licensed "contractors" who are contracted by a state agency.
If you are an FP in Ohio, you are a contracted "licensed , professional family foster home caretaker"
Our reimbursement and license status does not place us in a "volunteer" category.
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TemporaryMom
Well, you got everyone going crazy wondering what is going on now. :-) I am intrigued.
As to the "compensation" that has always been written and described to me as "per-diem for the child." The Foster Care Maintenance payment is not "to" the foster parent per-say but "on behalf of" the foster child. That is why not only is it not taxed, but also why it is not considered "income earned by the child" for the sake of the IRS dependency consideration. In addition, the 10$/hour training "stipend" is also not considered payment. The justification of it from what I know is it is mean to reimburse foster parents for babysitting costs of said foster children. Although, the way ORC posts that, and I am too tired to dig for it now, it could be construed as payment. And if it is payment, meaning you are being paid to take training, I would see where that could in a very gray way be considered that you are an employee.
All of this is for naught, imho. Unless they have done something extremely grievous, any action you take will likely get you blacklisted. I'd keep that in mind. And we all know that they don't have to pull your license to blacklist you.
All of this is for naught, in your ho? Ouch. One Ohio agency pays $18/ day, the other $36, both for a typical needs child. That's $6,500 more "reimbursement" from one agency vs. the other. Both pay the FP $10 compensation per hour for their training time. (more than miminum wage) That's another $360. That extra "compensation" is for your time and trouble, if u ask me. Who's to say the agency can't pay you above the reimbursement? They charge the county big money. You'd not get the $6500 if you were a staight "volunteer babysitter" for a needy child.
Do you sign a "contract"- like" document with each child coming into your home? Can everyone looking at the thread help me out, and read your fine print? Thanks.
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My state has us sign a form that lays out our rights:
[url]http://www.dfps.state.tx.us/Application/Forms/ShowFile.aspx?Name=3001.doc[/url]
Maybe your state has something similar?
Yes, it is vague, and it is up to the powers that be at the time to decide what some of those things mean, but it does give us an outlet to voice concerns we have.
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Mommyof3ks
My state has us sign a form that lays out our rights:
[url]http://www.dfps.state.tx.us/Application/Forms/ShowFile.aspx?Name=3001.doc[/url]
Maybe your state has something similar?
Yes, it is vague, and it is up to the powers that be at the time to decide what some of those things mean, but it does give us an outlet to voice concerns we have.
Not that I signed. Do you have a "contract-like" document that you sign, agreeing to provide services, either once or with each placement? I'm curious on the "contract-like" wording. Thanks for your willingness to support me.
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Here is the NC info if you want to look at it.
[url=http://www.fosteringperspectives.org/fp_vol4no2/my_rights_as_a_nc_fp.htm]Article: My Rights as a NC Foster Parent[/url]
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You may try speaking to someone from Legal Aid or even calling an attorney to state your case. That way you can see if they are indeed violating andy rights and what can be done about it. You'd want to contact a family law attorney, possibly one who specializes in adoption.
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OhioFosterMom
Not that I signed. Do you have a "contract-like" document that you sign, agreeing to provide services, either once or with each placement? I'm curious on the "contract-like" wording. Thanks for your willingness to support me.
We do have a contract-like document that we sign with each placement. I'm in Texas. It's two page long. It starts out by saying "The Texas Department of Family and Protective Services, managing conservator of [child's name, DOB, Medicaid #, etc.] hereby authorizes [Foster Parents Names] to serve as this child's caregiver under the following terms and conditions:
... and then it lays out 10 sections that talk about everything from Daily Care to Medical Care to Travel to Confidentiality. It's just one of several forms that we have to sign with each placement.
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OhioFosterMom
Isn't it pay? that is, isn't it untaxed compensation?
Or, are you saying that we are considered the recipients of the welfare funding that is rightly due the child?
Via the federal Child Welfare Act states reimburse foster parents for the cost of basic care provided to foster children. Specifically, cost of (and cost of providing) food, clothing, shelter, daily supervision, school supplies, a childӒs personal incidentals, liability insurance with respect to a child and reasonable travel to the childs (biological) home for visitation and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.Ҕ The federal Child Welfare Act provides reimbursement to the State for a portion of the costs associated with foster care.
So this is not untaxed "pay" ?
Like the welfare act says..."reimburse foster parents...". Not pay, reimbursment. To me, fostering is not a job. I already have a job for which I receive a "paycheck" and pay taxes.
It's the kid's money anyway. I think most of us find ourselves at a negative at the end of the month. I know we do.
As for legal rights, I guess I would ask who is protecting a FPs "legal rights"? Will the agency and SWs protect us, no.
You may want to talk to a family attorney on this one. I'm not real clear on the question.
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BoysParent
Like the welfare act says..."reimburse foster parents...". Not pay, reimbursment. To me, fostering is not a job. I already have a job for which I receive a "paycheck" and pay taxes.
It's the kid's money anyway. I think most of us find ourselves at a negative at the end of the month. I know we do.
As for legal rights, I guess I would ask who is protecting a FPs "legal rights"? Will the agency and SWs protect us, no.
You may want to talk to a family attorney on this one. I'm not real clear on the question.
Plse. review my $36 per day vs. $28 per day for traditional placement. The reimbursement is passed along, yes...but at $36.00/day , and possibly a 1/4ly clothes allowance, transport assistance, and mileage reimbursement--- the caretaker is receiving a type of compensation for the licensed care of the child. The alternative is taking the same child in, 100% volunteer, NO reimbursement. See the difference?
A contractual obligation is still that, even if it is not "profitable". :flower: The reimbursement is compensation, because the foster caretaker is neither the bio parent, nor has custody. Make sense?
As for the "who" on FPs' rights, the FPs themselves advocate. Interestingly, I know of a retired FP who wants to become a GAL. Perhaps she'll head up a support group in our area.
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OhioFosterMom
Plse. review my $36 per day vs. $28 per day for traditional placement. The reimbursement is passed along, yes...but at $36.00/day , and possibly a 1/4ly clothes allowance, transport assistance, and mileage reimbursement--- the caretaker is receiving a type of compensation for the licensed care of the child. The alternative is taking the same child in, 100% volunteer, NO reimbursement. See the difference?
A contractual obligation is still that, even if it is not "profitable". :flower: The reimbursement is compensation, because the foster caretaker is neither the bio parent, nor has custody. Make sense?
As for the "who" on FPs' rights, the FPs themselves advocate. Interestingly, I know of a retired FP who wants to become a GAL. Perhaps she'll head up a support group in our area.
Yes, I see the difference. However, where I'm at there is no reimbursement for mileage nor any transportation assistance. The end result is the same for my husband and I. At the end of the month, we're in the negative because we use the entire "compensation" on preschool costs and pay all the other expenses out of pocket..minus the medical that is.
Right now we have no funding in our state for daycare/preschool for foster kids.
Do you know any licensed FPs who take kiddos in on a 100% volunteer basis? As volunteers are they bound by the same contractual obligations as FPs who get "reimbursed" by the agency for the care of the kiddos?
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from my agency: the state of TX considers foster parents to be Stakeholders and Service Providers who are under no contract and can close their homes at any time with no consequences or obligations.
the rights we have here are laid out in the Texas State Family Code Texas Family Code Chapter 263, Subchapter A, Section 1) .
i would suspect it's similar elsewhere.
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greenrobin
from my agency: the state of TX considers foster parents to be Stakeholders and Service Providers who are under no contract and can close their homes at any time with no consequences or obligations.
the rights we have here are laid out in the Texas State Family Code Texas Family Code Chapter 263, Subchapter A, Section 1) .
i would suspect it's similar elsewhere.
Residential Child Care Services Providers are normally contracted in Texas , so I thought that your home falls under that category. Every service provider EXCEPT for private residences are contracted? wierd. [url=http://www.dfps.state.tx.us/PCS/Residential_Contracts/default.asp]DFPS - Purchased Client Services - Residential Contracts[/url] Don't you sign something "contract-like" the day each placement arrives, agreeing to provide services?
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