What Are The Rights of Foster Parents?

As a foster parent many outsiders think you will have the same rights as the biological parents of a child (or children) that may be staying in your care. Unfortunately this is not the case and in most cases a child (or children) may only be in your care for a short period of time.

Having said that it is important to understand and appreciate just exactly where the responsibility lies for a child (or children) who are placed into the care of foster parents.

Who Doe Have The Legal Right to Care for a Foster Child?

As a foster parent is only a temporary guardian they do not have any rights as to the child’s well being unless they apply for – and are granted - the right to adopt. In the eyes of the law the responsibility for the well being of a child (or children) in care falls squarely at the feet of the local authority into whose custody they have been placed.

Can The Local Authority Make Decisions As To The Children’s Education etc?

Yes they can but only if there are sufficient grounds to do so or if there is a danger that the child (or children) may come to some harm staying at their current school. A local authority may be able to re-school the child (or children) if they can establish beyond any reasonable doubt that they will be at the same or greater level of risk as before.

It should be made clear at this point however that the foster parents have no control or overall say as to whether this is the case or not and must abide by the wishes of the Local Authority. However they can comment as to whether they feel the child (or children) would benefit from such a move but the Local Authority does have the final say.

What Happens If The Child is Involved In an Accident?

If the child (or children) is involved in an accident then the foster parents would be contacted as the child’s temporary guardian. However they cannot make decisions as to the nature of any medical treatment that may be required by the child and again this falls to the Local Authority to make a decision in the absence of a parent.

if there has been previous provision made for medical treatment in the event of a particular set of circumstances the Local Authority must apply to the courts for an injunction to stop this medical treatment going ahead if they feel it is not in the child’s (or children’s) best interests.

What About The Day to Day Care of the Children – Do The Foster Parents Have Rights?

The foster parents are responsible for the day to day care of the child (or children) in their care but only within the confines of their own home. They cannot take the children away from their locale without prior permission and cannot instigate any kind of activity which might be perceived by the Local Authority as not in their best interests.

For more information on fostering and how foster parents are required to care for children in their charge you should contact your local authority.

What Are The Rights of Foster Parents?

Who Doe Have The Legal Right to Care for a Foster Child?

Can The Local Authority Make Decisions As To The Children’s Education etc?

What Happens If The Child is Involved In an Accident?

What About The Day to Day Care of the Children – Do The Foster Parents Have Rights?

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