Know Your Rights
Rights are things that are guaranteed to you by law. That means that a judge can make sure that you get what the law requires.
In substitute care, you have the right:
- To be represented by a child advocate attorney (GAL) in court.
- To services that will help you stay with your family.
- To the most family like and least restrictive placement.
- To be treated with fairness, dignity, and respect.
- To be free from discrimination based on race, religion, disability, sexual orientation, national origin, or sex.
- To be in an appropriate placement where you are safe and protected.
- To be placed with your own child if you are a teen parent (unless a court has determined otherwise).
- To stay in care until age 21 if you are in an educational program or treatment
- To only be discharged from care if a discharge plan is in place.
In a placement ( group home, foster home), you have the right:
- To save any money you have earned.
- To talk on the phone (reasonable rules may apply).
- To visit with family at least once every two weeks.
- To send and receive mail.
- To communicate and visit privately with your attorney (GAL) and clergy.
- To practice or not practice any religion.
- To appropriate medical, dental, and behavioral treatment.
- To be free from excessive medication.
- To appropriate clothing and food.
- To be free from corporal punishment (punishment that uses physical force), threats or verbal abuse To file a grievance or complaint.
- To independent living services if you are age 16 or over until you turn age 21.
Regarding medical care, you have the right to:
- Prompt medical and mental health treatment.
- Consent to your own medical, dental, and health care if you are age 18 or over.
- Consent to mental health treatment and medication (14 +).
- Consent on your own to substance abuse treatment at any age.
- Obtain contraception on your own at any age.
- Consent on your own to all medical care related to pregnancy, except abortion.
- Consent on your own to testing and treatment related to any STD at any age.
- Consent on your own to testing and treatment for HIV at any age.
- Consent on your own to all medical care if you have been pregnant
Regarding access to records, you have the right:
- To have access to your mental health records.
- To Control the release of records of substance abuse treatment or treatment of a STD.
- To control the release of records related to HIV testing and treatment.
- To have your children and youth family case records if 14 or older.
- To permanent documents such as birth certificate, social security card, health and educational records when discharged at 18 or older.
In legal proceedings, you have the right:
- Attend all your court hearings
- To be represented by your child advocate attorney (GAL).
- To meet with your attorney before the court hearing ( but YOU may have to call and ask for this).
- To have your GAL advocate for you.
- To ask the judge to appoint a new attorney for you if you do not think the attorney is doing his/her job.
- To call witnesses, to present evidence and to ask questions of people who speak about you in court.
- To speak to the judge directly about your accomplishments, problems, and requests.
If you think your rights have been violated or you feel that something is wrong, you can:
- Talk with you caseworker and supervisors.
- File a grievance or complaint with the private agency or children and youth agency.
- Contact your child advocate (GAL)
- GO TO COURT and speak with the judge directly
- Join the Regional and State YAB and make positive change in the whole system.