This is outrageous. I would first contact the child's guardian ad litem, and the CASA. Then I'd hire my own lawyer, and give them what for.
Here are your rights under Kentucky law (I looked up your personal profile and saw Kentucky):
620.360 Rights and responsibilities of foster parents -- Training of person
investigating abuse or neglect in foster homes -- Nonliability of cabinet.
(1) Persons who provide foster care services to children who have been committed to
the custody of the state shall be considered a primary partner and member of a
professional team caring for foster children. Foster parents who contract directly
with the cabinet shall have the following rights:
(a) To be treated with respect, consideration, and dignity;
(b) To fully understand the role of the cabinet and the role of other members of
the child's professional team;
(c) To receive information and training about foster parents' rights,
responsibilities, and access to local and statewide support groups, including
but not limited to the Kentucky Foster/Adoptive Care Association, the
Kentucky Foster and Adoptive Parent Network, and Adoption Support of
Kentucky;
(d) To receive information and training to improve skills in the daily care and in
meeting the special needs of foster children;
(e) To receive timely and adequate financial reimbursement for knowledgeable
and quality care of a child in foster care within budgetary limitations;
(f) To maintain the foster family's own routines and values while respecting the
rights and confidentiality of each foster child placed in their home;
(g) To receive a period of respite from providing foster care, pursuant to cabinet
policies;
(h) To receive, upon an open records request, a copy of all information contained
in the cabinet's records about the family's foster home and the foster care
services provided by the family consistent with KRS 605.160;
(i) To access cabinet support and assistance as necessary twenty-four (24) hours
per day, seven (7) days per week;
(j) To receive, prior to a child being placed in the foster home pursuant to KRS
605.090, information relating to the child's behavior, family background, or
health history that may jeopardize the health or safety of any member of the
foster family's household, including other foster children, and similar
information that may affect the manner in which foster care services are
provided, consistent with KRS 605.160. In an emergency situation, the cabinet
shall provide information as soon as it is available;
(k) To refuse placement of a child within the foster home and to request, with
reasonable notice to the cabinet, the removal of a child from the foster home
without fear of reprisal;
(l) To communicate, with an appropriate release of information consistent with
KRS 605.160, with other professionals who work directly with the foster
child, including but not limited to teachers, therapists, and health care
practitioners and to notify the cabinet within twenty-four (24) hours of the
communication;
Page 1 of 2
(m) To assist the cabinet in the development of the child's plan of care;
(n) To receive an explanatory notice from the cabinet, consistent with KRS
620.130 and when it is in the best interest of the child, when a foster child's
case plan has changed and, except in an immediate response to a child
protective services investigation involving the foster home, an explanatory
notice of termination or change in placement affecting the foster home within
fourteen (14) days of the change or termination in placement;
(o) To have priority consideration for placement if a child who has previously
been placed in the foster home reenters foster care, consistent with KRS
605.130 and 620.130 and to the extent it is in the best interest of the child;
(p) To have priority consideration for adoption if a foster child who has been
placed in the foster home for a period of at least twelve (12) consecutive
months becomes eligible for adoption consistent with KRS 605.130 and
620.130 and to the extent it is in the best interest of the child; and
(q) To maintain contact with the foster child after the child leaves the foster
home, unless the child, a biological parent, the cabinet when the cabinet
retains custody of the child, or other foster or adoptive parent refuses such
contact.
(2) The responsibilities of foster parents that contract directly with the cabinet shall
include but not be limited to the following:
(a) To maintain an orderly and clean home;
(b) To ensure that the child has adequate resources for personal hygiene and
clothing;
(c) To provide recreational and spiritual opportunities for the child, in accordance
with cabinet policies;
(d) To attend all school and case planning meetings involving a foster child
placed in their home whenever possible, subject to KRS 620.130 and the
confidentiality requirements of 42 U.S.C. sec. 671;
(e) To abide by cabinet policies relating to discipline of a foster child; and
(f) To support the involvement of a foster child's biological family whenever
possible and in accordance with cabinet policies.
(3) The cabinet shall provide specific training on investigations of alleged child abuse
or neglect in a foster home to a person appointed by the Kentucky Foster/Adoptive
Care Association. The training shall include the rights of a foster parent during an
investigation. Training shall be consistent with 42 U.S.C. sec. 5106(a).
(4) Nothing in this section shall be construed to establish monetary liability of or cause
of action against the cabinet.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 45, sec. 1, effective July 12, 2006.
Page 2 of 2
Here is the part of the statute that addresses CASA's. These are volunteers. They can be good, they can also be uninformed and disastrously judgmental. They are folks who care about kids, though. Anyway, the statute:
620.525 Duties of CASA volunteers.
(1) CASA volunteers who have a conflict of interest in a case shall not be appointed to
the case.
(2) The CASA volunteer shall:
(a) Attend all court hearings except that the CASA volunteer may be excused by
the court or the program director if emergency circumstances arise;
(b) Submit a written report and recommendation to the judge for consideration in
determining the best interest of the child at the dispositional hearing,
dispositional review hearings, other hearings as requested by the court, and at
least one (1) report every six (6) months for as long as the case is assigned to a
CASA volunteer;
(c) Monitor the case by visiting the child as often as necessary to observe whether
the child's essential needs are being met and whether court orders are actually
being carried out;
(d) Participate in any treatment planning conferences and reviews involving the
child to assess whether reasonable efforts are being made to provide services
to the child and family and determine the appropriateness and progress of the
child's permanent plan;
(e) Advocate a prompt, thorough review of the case if the child's circumstances
warrant the attention of the court;
(f) Interview parties involved in the case, including interviewing and observing
the child;
(g) Maintain complete written records about the case;
(h) Report any incidents of child or adult abuse or neglect to the appropriate
authorities and to the program director;
(i) Remain actively involved in the case until dismissed from the case by the
program director or judge with competent jurisdiction, or when an adoption
proceeding is finalized;
(j) Return all case-related materials including, but not limited to, written notes,
court reports, and agency documents, to the program director upon the request
of the program director; and
(k) Work with the cabinet representatives to advocate the best interest of the
child.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 245, sec. 7, effective July 15, 1996. -- Created
1990 Ky. Acts ch. 264, sec. 6, effective July 13, 1990.
Page 1 of 1
Interestingly, your state also has a citizen review board for child welfare. Don't know if it's legitimate in your state, or just a political arm of the Department. I'd talk to your state's foster parent association and find out. Here's the statute on the citizen review board:
620.190 Citizen foster care review boards -- Local citizen foster care review boards.
(1) There shall be established within each judicial district a citizen foster care review
board to be appointed by the Chief District Judge or family court judge. The Chief
District Judge or family court judge may authorize the creation of additional local
citizen foster care review boards as needed.
(2) Each local citizen foster care review board shall consist of not less than three (3)
members and shall be appointed according to the following guidelines:
(a) All members shall have an interest in foster care or child welfare;
(b) At least two (2) members of each local citizen foster care review board shall,
as far as practicable, be chosen from among the following professions: law,
medicine, psychology, social work, and education;
(c) Each local citizen foster care review board shall, as far as practicable, include
a foster parent;
(d) All members of each local citizen foster care review board shall, as far as
practicable, be representative of the socioeconomic, racial, and ethnic
composition of the area served;
(e) Employees of the cabinet shall be prohibited from serving on the local citizen
foster care review board;
(f) All appointed board members shall serve a term of three (3) years, except that
if a vacancy occurs, a successor shall be appointed to serve the unexpired
term. The term of each member shall expire on August 1 of the appropriate
year. Members may be reappointed and shall continue to serve until a
successor is appointed; and
(g) All members shall be certified prior to appointment by the state citizen foster
care review board or its designee. For the purposes of this section, "certified"
means acknowledgment of completion of initial training approved by the state
citizen foster care review board.
(3) Local citizen foster care review board members may be removed for
nonparticipation, failure to meet training requirements, or other cause as determined
by the state citizen foster care review board in compliance with its constitution and
bylaws.
(4) Each local citizen foster care review board shall annually elect a chairman and vice
chairman to serve in the absence of the chairman.
(5) Each local citizen foster care review board shall meet, at a place designated by the
Chief District Judge or family court judge, as often as is deemed necessary to carry
out the duties of the board. The local citizen foster care review board shall meet no
less than four (4) times annually.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 278, sec. 3, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 301, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts
ch. 412, sec. 6, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 56,
effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 80, effective July 1,
1987
Here's the info on your state's foster parent association:
The National Voice of Foster Parents.
You are going to have to take action to save this boy's life. He will never get a family if he is stuck with his very disturbed sister. If they get you to take both, he still doesn't have the childhood he deserves, because he will be waiting for his sister to attack all the time. This is so wrong.
These people are vile--"let's not go courting trouble!" What a thing to say!
Another motivator--the care that the sister would need is very expensive, and they want to keep things at the basic foster care rate, which means basic services, in all likelihood. Basic ain't gonna cut it. It is so upsetting and wrong.
I would talk to the foster parent association, find out who the bull dog lawyer is for foster parents, and hire her.
I am sorry you are facing this impossible situation. As if things aren't crazy enough!