Being a foster parent is a big job. You open your home and your heart to a child in need. But did you know you also have legal rights? The law wants you to be part of the team that helps the child.
Here is a simple guide to your rights to participate in Department of Children’s Services (DCS) cases. We will look at what is new and what rights you have always had.
Why the System Can Feel Overwhelming
Managing relationships with the court and DCS can often feel disorienting. There are typically large teams—at least six people—working on a single case at any given time. Each person on that team has a specific role and strict expectations they must perform as part of their job. It can be hard to know who is responsible for what or how to effectively communicate with so many different professionals. You need somebody who has experience coordinating and managing these relationships to help you navigate the process.
The Solution: You Can Hire a Lawyer for Help
This is where the biggest change in the law comes in to help you.
The New Rule:
You now have the clear right to hire a lawyer for “consultation and advice.” Before, you could always talk to a lawyer, but it wasn’t written down in the Tennessee code like this. Now, the law officially recognizes that you might need legal advice to understand what is happening.
Why a Lawyer is Best Suited for the Job:
You might wonder why you can’t just manage these relationships yourself. A lawyer is best suited for this role because they speak the specific language of the system.
- They Know the Rules: While you focus on the child’s care, a lawyer knows the statutes and codes that dictate what DCS and the courts must do.
- They Are Independent: Unlike the case workers or Guardians ad Litem, your lawyer does not work for the state or the child; they work only for you. They can give you objective advice without conflicting interests.
- They Manage the Noise: With so many voices in the room, it is easy to get drowned out. A lawyer knows how to cut through the confusion, ensuring your input is heard by the right people at the right time.
Where You Can Bring Them:
The code specifically states that you may invite your attorney to any meeting where you are allowed to be present. This includes critical meetings like: Individual Service Planning Meetings, Foster Care Reviews, and individual Educational Planning (IEP) Meetings.
Your Timeline of Rights (What to Expect)
- From Day One: You Have a Voice
- Right to Know: You have the right to be told about hearings and meetings involving the child.
- Right to Participate: You have the right to join these hearings and meetings.
- Is this new? No, this is an old right, but it is still very important.
- After 6 Months: You Are “Significant”
- The Rule: Once a child has been with you for 6 months, the law says you have a “significant relationship” with that child.
- Why It Matters: This means the court recognizes that you and the child have formed a real bond.
- After 9 Months: You Can Speak Up on “Best Interests”
- The Rule: If the child has been with you for 9 months, you have the right to present evidence about what is in the child’s “best interest.”
- Why This Is Harder Than It Sounds: You might think “best interests” simply means telling the judge that you love the child and the child is happy with you. But in court, it is much more complicated.
- It’s a Checklist, Not Just a Feeling: “Best Interests” are detailed in the Tennessee Code. The judge cannot just go by a feeling; they have to look at a strict list of factors written in the law.
- Matching Your Story to the Law: To be effective, you can’t just say, “He is happy here.” You have to prove it in a way that matches the code. For example, instead of just saying “visits are hard,” you might need to show exactly how the child behaves after a visit to prove a lack of a “secure attachment.”
- The Court Needs Proof: Your presentation must align with these specific code factors to help the court make the right determination. If your evidence doesn’t fit the checklist the judge is required to use, it might not count as much as you hope. This is why having a lawyer to help you “translate” your daily life into the “best interest factors” can be so powerful.
- After 12 Months: First Choice for Adoption
- The Rule: If a child becomes available for adoption after living with you for 12 months, you get “first preference” to adopt them.
- Is this new? No, this has been the law for a while, but it is good to remember.
Next Step: Check your calendar. Do you have a Service Planning meeting or Foster Care Review coming up? Consider if you want to bring a lawyer to help you speak up for the child in your care.
Disclaimer: This blog post is for educational purposes only and does not constitute legal advice. Reading this post or contacting the author does not create an attorney-client relationship. Laws can change and every case is unique; please consult with a qualified attorney for advice regarding your specific situation.