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If you are a foster youth in the State of California, you should know about the rights and protections available to you under the law.<\/p>\n
You should also be aware of the duties and responsibilities your attorney (also referred to as minor’s counsel) when it comes to representing your interests in court.<\/p>\n
This section provides information regarding your rights while you are in the foster care system, information about your rights as you leave the foster care system, and what you can do if your rights are being violated.\u00a0 This section also briefly addresses your relationship with your attorney and what to do if you feel that your attorney is not acting in your best interest.<\/p>\n
You will also find a list of additional resources at the end of the page, which includes several organizations in California who are here to help you.<\/p>\n
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TABLE OF CONTENTS:<\/p>\n
Foster Youth Rights in Dependency Court<\/a><\/p>\n Asking The Judge to Make New Decisions About Your Life<\/a><\/p>\n Siblings: Asking The Judge to Make Decisions About Your Relationship With Your Brothers or Sisters in Foster Care<\/a><\/p>\n Know Your Rights While You Are In Foster Care<\/a><\/p>\n Know Your Rights As You Leave The Foster Care System<\/a><\/p>\n Resources For Foster Youth<\/a><\/p>\n\t The California Family Urgent Response System <\/a>\u00a0is a free hotline for current or former foster youth and their caregivers to call and get immediate help for any issues (big or small) they may be having.\u00a0 <\/p>\n The hotline is open 24 hours per day. It is a safe and private space to talk and share your concerns.<\/p>\n When you call the FURS hotline, you will be connected with a trained counselor or peer who will listen to you. If more support is needed, a team can come directly to where you are to help you work on the problem and to create a plan to help stabilize your situation and keep you safe. The team will also help connect you to local services and future support.\u00a0 <\/p>\n If you need assistance, CALL OR TEXT: 1-833-939-FURS (3877)<\/strong> or visit online at www.cal-furs.org<\/a>.<\/p>\n FURS is a coordinated statewide, regional, and county-level system designed to provide collaborative and timely state-level phone-based response and county-level in-home, in-person mobile response during situations of instability, to preserve the relationship of the caregiver and the child or youth. For additional FURS program resources and background information, please click here<\/a>.<\/p>\n <\/p>\n If you are a child in foster care, you should have a lawyer who has been appointed to represent you in juvenile court.\u00a0 See California Rules of Court, Rule 5.660<\/a>; see also Welfare and Institutions Code \u00a7 317.6<\/a>.\u00a0<\/p>\n Your lawyer must give you their contact information within a short time after being assigned to your case. As soon as you meet your lawyer, ask for their business card (including email address).<\/p>\n Your attorney should be able to answer your questions about court procedures and the laws. \u00a0Email may be the best way to get ahold of your lawyer because they can check email in court. If you do not know who your lawyer is, call your social worker, the Office of the Ombudsperson for Foster Care<\/a>, or Advokids<\/a>.<\/p>\n <\/p>\n As soon as the county case worker (or the agency) makes a decision with respect to your placement or a change in your placement, there is an obligation for that case worker\/agency to notify your attorney PRIOR to the change.\u00a0 Your attorney is supposed to be provided with your new address, telephone number and name of the caregiver.\u00a0 If the requisite notice cannot be provided to your attorney before you are moved, the notification shall be provided no later than the close of the following business day.\u00a0\u00a0Welfare and Institutions Code\u00a0\u00a716010.6(a)<\/a><\/p>\n If there is going to be a placement change that results in separation of you and your sibling(s) who are currently placed together, your attorney and your siblings’ attorney (if they attorney is not the same) must be notified of the separation no less than 10 calendar days prior to the planned change of placement so that the attorney(s) may investigate the circumstances of the proposed separation.\u00a0 If the intended separation is due to seven days notice given by a foster family agency, group home, or other foster care provider, the case worker\/agency must provide notice to the attorney(s) by the end of the next business day after receipt of seven days notice from the provider.\u00a0 If exigent circumstances exist, the case worker\/agency shall provide notice as soon as possible, but no later than the close of the first business day following the change of placement.\u00a0\u00a0Welfare and Institutions Code\u00a0\u00a716010.6(c)<\/a><\/p>\n If you were moved to a new foster home and did not want to be, please contact your attorney and see if s\/he received notice of the move.\u00a0 You should feel free to contact your attorney any time a decision is made about your life that you are not happy about.\u00a0 Your attorney is there to advocate for you so call and see if s\/he can do anything about your placement (by talking to the county case worker or filing the necessary papers in court).<\/p>\n <\/p>\n “Attorneys or their agents are expected to meet regularly with clients, including clients who are children, regardless of the age of the child or the child’s ability to communicate verbally, to contact social workers and other professionals associated with the client’s case, to work with other counsel and the court to resolve disputed aspects of a case without contested hearing, and to adhere to the mandated timelines. The attorney for the child must have sufficient contact with the child to establish and maintain an adequate and professional attorney-client relationship. The attorney for the child is not required to assume the responsibilities of a social worker and is not expected to perform services for the child that are unrelated to the child’s legal representation.”\u00a0 California Rules of Court, Rule 5.660(d)(4)<\/a><\/p>\n Rule 5.660(e)<\/a> further mandates a complaint procedure for appointed attorneys in which the court must take action.\u00a0 If you believe that your court-appointed attorney is not representing your interests, you can report problems or lodge complaints to the presiding judge of the juvenile court by using the “Request for Assistance with Court Appointed Attorney<\/a>” form. \u00a0You may find\u00a0instructions for completing the form here<\/a>.\u00a0 If you know your judge’s name or department, you can address the letter to that judge and send your letter there.\u00a0 If you do not know who your judge is, try searching online for the supervising or presiding judge of the juvenile dependency court in the county your case is in.\u00a0 If you can’t find out who that is, address your letter to “Supervising Juvenile Dependency Judge” and send it to the juvenile dependency court in your county.<\/p>\n Another recourse if you encounter problems with your attorney is you can contact the State Bar of California’s Chief Trial Counsel and file a complaint for any unethical professional conduct. \u00a0For more information, please click here.<\/a><\/p>\n \u00a0<\/p>\n When you are in foster care, the juvenile court judge makes decisions about your life. \u00a0You have the right to receive notice of all court hearings related to your case if you are 10 years or older.\u00a0 Welfare and Institutions Code \u00a7\u00a7 290.1<\/a>, 290.2<\/a>, 291<\/a>, 292<\/a>, 293<\/a>, 294<\/a>, 295<\/a>.<\/p>\n <\/p>\n You have the right to attend all of your court hearings and speak to the judge to voice your opinion. Welfare and Institutions Code \u00a7 349<\/a>.\u00a0 If you are 10 years old or older,\u00a0you must be at your court hearings unless you clearly tell your lawyer you do not want to go. \u00a0In certain counties, such as Los Angeles<\/a>, the local rules of court<\/a> require social workers to notify children four years or older of their right to appear at court hearings and provide transportation so that they can attend.<\/p>\n <\/p>\n Your attorney must be notified about a decision to change your placement as soon as the decision is made, but not later than the close of the following business day.\u00a0 Welfare and Institutions Code \u00a7 16010.6(a)<\/a>.\u00a0If you are moved, call your attorney and let them know.\u00a0\u00a0<\/p>\n Any time you are placed into foster care, when your foster placement changes, or there is a plan for you to return home,\u00a0 you have the right to make a brief statement to the court making a decision on placement. The court may disregard your preferences.\u00a0 Welfare and Institutions Code \u00a7 399<\/a>.<\/p>\n <\/p>\n You are allowed to be involved in the development of your own case plan, including placement decisions, and plan for permanency. Welfare and Institutions Code \u00a7 16001.9(a)(37)<\/a>. If you are 10 years of age or older, you are allowed to review your case plan and plan for permanent placement, and to receive information about your out-of-home placement and case plan, including being told of changes to the plan. Welfare and Institutions Code \u00a7 16001.9(a)(38)<\/a>.<\/p>\n <\/p>\n You have the right to see and receive a copy of your child welfare records juvenile case records, and educational records at no cost until you are 26 years old, subject to existing federal and state confidentiality laws.\u00a0 Welfare and Institutions Code \u00a7 16001.9(a)(36)<\/a>. You do not need a court order and can go directly to the clerk’s office and ask to see your case file.\u00a0 If you are having difficulty accessing your case file at the clerk’s office, please click here.<\/a><\/p>\n In general, all of your case information should be confidential.\u00a0 The judge can only share records with someone who is not a party to your case if it is in your best interest to do so.\u00a0 If your judge wants to share any of your case information, he\/she must hold a hearing and notify you and your attorney so you can be heard. \u00a0Welfare and Institutions Code\u00a0\u00a7 349<\/a><\/p>\n When your case is dismissed, the judge must ensure that you know how and where to get your records.\u00a0 Your case file includes information regarding why you were removed from your parents, what happened to you, and the actions of the court over the years.\u00a0 You can ask the court to seal your record when you turn 18 (or five years after your last juvenile court case has ended, whichever comes first).\u00a0 However, if you committed a felony, serious misdemeanor, or certain vehicle violations when you were 14 years of age or older, it is up to the court’s discretion whether to grant or deny your request to seal your records.<\/p>\n\n If a judge made a decision in your case and something has changed in your life that makes that decision no longer in your best interests, you or your attorney can fill out a form called “Request to Change Court Order (Form JV-180)<\/a>“. For information about the JV-180 and instructions on how to fill it out please click here<\/a>.\u00a0 The JV-180 form is supposed to explain to the judge that circumstances in your life have changed and that you need the judge to make new decisions that will make your life better. You or your attorney must then take or mail copies of the completed form to the court clerk’s office.\u00a0 If you are having a problem with your attorney about filing a JV-180, please call Advokids.<\/p>\n The judge may ask the other people involved with your case if they think you have given the judge the kind of information he\/she must have in order to change a decision. Then the judge will decide if you told him\/her anything new and if the change you want the judge to make is good for you.<\/p>\n If the judge believes you have not told him\/her anything new or believes that what you want is not good for you, the judge will not make any changes. The court clerk will send a written notice of the decision not to make any changes to you and all the people involved with your case.<\/p>\n If the judge believes that you did tell him\/her something new and what you are asking for will make life better for you, the judge will schedule a court date for you. The court clerk will send a written notice of the decision to schedule a hearing and the date of the hearing to you and all the people involved with your case.<\/p>\n At that court date, everyone involved in your case will be present and allowed to speak. After everyone has spoken, the judge will make the final decision. The judge will make the changes you want only if he\/she believes you have told the court something new and what you are asking for is good for you.<\/p>\n\n <\/p>\n\t If you are a foster child and have a brother or sister who is a dependent of the court (or in the custody of a parent who is before the court), you may ask the judge to do the following:<\/p>\n See California Rules of Court, Rule 5.460<\/a><\/p>\nTo make these requests of the court, you or your attorney will have to fill out a form called “Request to Change Court Order (Form JV-180)<\/a>“. You or your attorney must then bring copies of the form to the court clerk’s office. The court clerk will send a written notice of any decision to schedule a hearing and the date of the hearing to you and all the people involved with your brother’s or sister’s case. At that court date, everyone involved in the case will be present and will be allowed to speak. After everyone has spoken, the court will consider all evidence and make a final decision. \u00a0For more information, see our Sibling Placement and Visitation page<\/a>. Welfare and Institutions Code section 16001.9<\/a> sets forth the rights all minors and nonminor dependents in foster care have.\u00a0 If any of your rights as a foster child\/youth are being violated, you can inform your attorney.\u00a0 You can also contact the State Ombudman’s Office, click here for more information.<\/p>\n A few of your specific rights are discussed in more detail below, please click on the relevant topic:<\/p>\n\t\t\t Your caregiver’s job is to keep you safe and healthy by making careful, sensible parental decisions that maintain your health, safety, and best interest while encouraging emotional and developmental growth.\u00a0 Caregivers in the foster care system are held to a “reasonable and prudent parent standard” when making decisions relating to your participation in extracurricular, enrichment, cultural and social activities.\u00a0 If you do not believe your caregiver is doing their job, you have the right to say so.<\/p>\n As a foster child, you have the right to live in a safe, healthy and comfortable home where you are treated respectfully.\u00a0 This means that you receive adequate and healthy food, enough clothing and, for youth in group homes, a monetary allowance.\u00a0 A safe home means that you live in a place where you are free from emotional, physical or sexual abuse.\u00a0 No one can punish you with physical force.\u00a0 It is important to know that no one has the right to lock you in a room or building unless you are placed in a community treatment facility.<\/p>\n In your place of residence, you should have a private place for your things.\u00a0 No one can look through your things unless they have a good\/legal reason to do so.\u00a0 You should also be able to access a telephone to make confidential telephone calls and send\/receive unopened mail.<\/p>\n Additionally, you have the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.<\/p>\n If you think any of your rights to a safe home are being violated, you can seek help:<\/p>\n California Youth Crisis Line:\u00a0 1-800-843-5200<\/p>\n National Runaway Switchboard:\u00a0 1-800-621-4000<\/p>\n NINELINE:\u00a0 1-800-999-9999<\/p>\n Foster Care Ombudsman:\u00a0 1-877-846-1602<\/p>\n Child Protective Services emergency response hotlines for your county<\/p>\n https:\/\/www.hwcws.cahwnet.gov\/countyinfo\/county_contacts\/hotline_numbers.asp<\/a><\/p>\n or CALL YOUR LAWYER!<\/p>\n\t\t\t As a foster child, you have free medical insurance (Medi-Cal or Family Pact) until you are 26 years old.\u00a0 This free medical insurance covers vision, dental, mental health and hospital care.\u00a0 You also have the right to see a doctor privately in order to receive family planning and services, which includes confidential sex education, STI\/HIV testing, pregnancy testing, and birth control.\u00a0 Furthermore, you have the right to confidential visits with a doctor about sexual abuse\/rape and alcohol\/drug treatment.<\/p>\n If you have any questions about health services or need assistance accessing medical care, you can contact:<\/p>\n Office of the Medi-Cal Ombudsmen:\u00a0 1-888-452-8609<\/p>\n Medi-Cal Hotline:\u00a0 1-916-636-1980<\/p>\n Public Health Nurse Directory:\u00a0 www.dhcs.ca.gov<\/a>; or 1-510-208-5930<\/p>\n Health Consumer Alliance Center:\u00a0 http:\/\/healthconsumer.org<\/a>; 1-855-693-7285<\/p>\n Health Shack:\u00a0 www.healthshack.info<\/a><\/p>\n Teen Health Law:\u00a0 www.teenhealthlaw.org<\/a><\/p>\n <\/p>\n\t\t\t No one can prevent you from going to school.\u00a0 You have the right to go to school everyday, participate in after school activities, and finish the school year at the same school if you move (if geographically possible).<\/p>\n If you are facing suspension at your school, there are special rules that may apply to you as a foster youth.\u00a0 For example, you have the right to a hearing and present witnesses, evidence and an attorney if you are going to be expelled.<\/p>\n If you are 16 years of age or older, you have the right to access information regarding your educational options, including coursework necessary for vocational and postsecondary educational programs and financial aid for postsecondary education.\u00a0 You can obtain assistance from an Educational Liaison (AB-490 Liaison).\u00a0 Every school district must have someone whose job is to help foster youth keep track of their school records, enroll in the right classes, and answer any questions related to education.<\/p>\n To find your Educational Liaison, call Foster Youth Services at 1-916-455-5737.\u00a0 You can also find a list of all statewide contacts at www.cde.ca.gov\/ls\/pf\/fy\/ab490contacts.asp<\/a><\/p>\n\t\t\t Beyond receiving an education and obtaining assistance with vocational and postsecondary education to help better your future, you have additional rights with regard to planning your life when you leave the foster care system.\u00a0 For example, as a foster youth, you have the right to maintain an emancipation bank account and manage personal income unless you are prohibited in doing so by your case plan.\u00a0 You also have the right to work and develop job skills at an age appropriate level, consistent with state law.\u00a0 Furthermore, if you are aged 16-21, you can attend Independent Living Program (ILP) classes and activities.\u00a0 For more on ILP, please see Transitioning to Living Independently while still in Foster Care.<\/p>\n\t\t\t Unless prohibited by court order, you have the right to visit and contact your birth family (relatives, siblings, etc.) and have a case plan that specifies how you will keep in touch with your family.\u00a0 If you wish to, you can visit and contact your siblings and other family members (unless prohibited by court order) and communicate with social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.<\/p>\n Additionally, you have the right to have and maintain social contacts with people outside of the foster care system, including church members, mentors, and friends.\u00a0 With regard to religion, you have the right to attend religious services and activities of your choosing.<\/p>\n Communications include making and receiving confidential telephone calls and sending or receiving unopened mail (unless not permitted by court order).\u00a0 You may also contact the appropriate persons confidentially regarding violations of rights and have the right to be free from threats or punishment for making such complaints.<\/p>\n\t\t\t Effective January 2020, Welfare and Institutions Code section 16001.9(a)(36)<\/a> provides that all children and youth who are in foster care, have the right “[t]o view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost<\/strong> to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.”<\/p>\n For more information on How to Access Your Juvenile Case File, please click here<\/a>.<\/p>\n <\/p>\n <\/p>\n\t \u00a0<\/p>\n For specific information about other important rights when you are a dependent in foster care, please click on the relevant topic:<\/p>\n\t\t\t When you are around the age of 16, you should begin working with your social worker to create a plan to prepare for the transition from foster care to independent living.\u00a0 It is a good idea to update this transition plan every six months.<\/p>\n The Independent Living Program (ILP) is a program intended for foster youth aged 16 to 21 to help them get ready to live on their own.\u00a0 If you are aged 16-21, you can participate in the ILP to receive assistance with applying for college scholarships, obtaining employment, finishing school, obtaining funds for driver’s training, finding an apartment, housing and food expenses, job training, money management, and learning other life skills.\u00a0 Your social worker or probation officer must make sure you have access to ILP services and that you are able to complete the goals in your Transitional Independent Living Plan (TILP).\u00a0 Your participation in ILP is not a reward or punishment.\u00a0 To contact the ILP Policy Unit, please call -1-916-651-7456 or email ILPpolicy@dss.ca.gov<\/a><\/p>\n Types of ILP placements are:<\/p>\n Sometime between the ages of 18-21, the court will decide when it is in your best interest to close your case.\u00a0 When you turn 18 years of age, your social worker will file a report that gives a recommendation for when to transition you out of foster care. \u00a0In helping the judge make the right decision for you, you should work with your lawyer to make the court aware of your thoughts on the issue.<\/p>\n You have the choice to stay in foster care up until you turn 21 years old.\u00a0 If you decide to stay in the foster care system, you get extra time and assistance in preparing for your future through additional educational and job training opportunities and time to secure consistent housing.\u00a0 If you emancipate (leave the foster care system), you give up any rights and benefits that come with being in foster care and become responsible for yourself.\u00a0 This means that if, for example, someone sues you or you are convicted of a crime, you are on your own.\u00a0 The only right you retain is you can still participate in your Independent Living Program.<\/p>\n How to Emancipate<\/p>\n Some foster youth are ready to emancipate at 18 years of age or earlier.\u00a0 If you are ready to leave the system before<\/u> you turn 18, you can do so in three different ways:<\/p>\n When you turn 18 years of age, you must decide whether or not you want to remain in foster care.\u00a0 If your desire is to emancipate, you must take action and “opt out” because your foster care will extend past age 18 unless you choose to leave.\u00a0 If you choose to stay in foster care after the age of 18, you must do ONE of the following:<\/p>\n If you choose to leave foster care, your social worker must provide you with certain documents and assistance, such as: your birth certificate, social security card, ID card or driver’s license, proof of residency, and a letter confirming you were in the dependency system.\u00a0 You should also be provided with any and all information regarding your family history, placement history, medical records, education records, and information regarding sibling(s) in the system.\u00a0 Furthermore, your social worker should help you with maintaining relationships with people who are important to you, assist you with finding transitional housing, help with education or college applications, and apply for Medi-Cal.<\/p>\n\t\t\t Thanks to the Affordable Care Act, you get FREE Medi-Cal coverage in California if you were in foster care in any state at age 18 or older.<\/p>\n You qualify if you:<\/p>\n Have more questions or need more information?\u00a0 Click here.<\/a><\/p>\n <\/p>\n\t <\/p>\n <\/p>\n If you are in foster care or were in foster care, you may be (or may have been) entitled to benefits from the Social Security Administration.\u00a0 Please see The Marshall project website<\/a> to determine whether you are eligible and what actions you can take if you are or were eligible.\u00a0 \u00a0For more information on this important issue, please click here<\/a>.<\/p>\n <\/p>\n <\/p>\n New federal stimulus money is available and is guaranteed if you sign up here<\/b><\/a> before the September 3, 2021 deadline.<\/b>If you are ages 18-20 you will qualify for $600.\u00a0 If you are ages 21 through age 26 but not yet 27 you will qualify for $1,500.\u00a0You are eligible if these three statements are true for you. There are no other eligibility requirements beyond what is stated below:<\/p>\n Learn how to clicking here<\/a>.\u00a0\u00a0If you have any questions about the application see the flyer and question and answer sheet attached. You can also contact FYverify@dss.ca.gov<\/a> with any questions.\u00a0 You can also sign up for additional assistance at checkforus.org<\/a>. We recommend filling out the Check For Us application to ensure you get all the available relief and support that is being provided by Think of Us.\u00a0<\/p>\n <\/p>\n![\"\"](\"https:\/\/adevine.io\/dws-development-2\/wp-content\/uploads\/2021\/03\/FURS-Hotline-Flyer-Youth-02-24-2021-FINAL-1-212x300.jpg\")
Having Trouble with Your Living Situation and Need Help Immediately?<\/h3>\nFoster\u00a0Youth Rights in Juvenile Dependency Court<\/h3>\n
You and Your Attorney<\/h4>\n
Your Attorney is Supposed to be Notified by the County Prior to a Placement Change<\/h4>\n
Reporting A Problem With Your Attorney<\/strong><\/h4>\n
Right to Notice of Hearings<\/h3>\n
Right to Attend Hearings<\/h3>\n
Right to Have a Say in Placement Decisions<\/h3>\n
Right to Be Involved in Your Case Planning<\/h3>\n
Right to Your Case Files<\/h3>\n
Asking the Judge to Make Decisions About Your Life<\/h3>\n
Siblings: Asking the Judge to Make Decisions About Your Relationship with Your Brothers or Sisters in Foster Care<\/h4>\n
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\n<\/a>c11\n\tKnow Your Rights While You are in Foster Care<\/h3>\n
Know Your Rights as You Leave the Foster Care System<\/h3>\n
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If You Left Extended Foster Care Due to Age, You May Reenter<\/h3>\nPursuant to the Federal Pandemic Act, transition aged youth who exited extended foster care (EFC) on or after January 27, 2020 as a result of age may reenter.\u00a0 Participation conditions are waived through September 30, 2021.\u00a0 Young adults 22 years of age can continue in extended foster care and receive funding and services.\u00a0 For more information and to see if you are eligible, see All County Letter (ACL) No. 21-51 (4\/29\/21)<\/a>\n
Determine Whether You are Entitled to Social Security Benefits<\/h3>\n
Resources for Foster Youth<\/h3>\n
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Pandemic Related Resources<\/h3>\n
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The Transition Aged Youth Pandemic Funding Maximization Matrix<\/a> provides an inventory of some of the key funds, benefits and programs that transition aged youth may benefit from as a result of federal pandemic relief bills. This includes funds targeted at youth with experience in foster care as well as young people who have no system involvement.<\/p>\n\n
Covid-19 Pandemic Extension of Foster Care Until December 31, 2021<\/h4>\n