QUESTION: Can my agency kick me out of the group home as punishment?ANSWER: No, the agency cannot kick you out of a group home permanently or temporarily to punish you, according to Fred Rosenberg of the Children's Rights Unit at ACS, although this does happen in some group homes.
An agency or ACS can move you to another group home or to another agency if they feel that your behavior is inappropriate. For example, if you are constantly going AWOL or fighting or abusing drugs, then the agency may feel you are not right for their group home. But this does not mean the agency can just kick you out or tell you to leave and come back in a week. They should let you know that they are considering moving you and why. They should have a meeting to discuss their concerns and give you an opportunity to give your side of the story. If you are 10 years old or older, then you have the right to attend these meetings, which are also called "case conferences."
There are limited circumstances where the agency can have you moved immediately. According to one group home's deputy director, an agency can have you moved without have a meeting with you or giving you advance notice, such as assaulting another resident or staff, carrying a weapon, or endangering the welfare of another resident or staff. Some agencies move residents to another one of their group homes temporarily, if, for example, the resident is fighting. This probably is not against any laws or ACS policies, but it should not be used as a form of punishment.
QUESTION: Can my foster parents punish me by hitting me or not giving me food?
ANSWER: Absolutely not. Your foster parents cannot punish you by hitting or beating you, or other physical punishment, or by depriving you of meals, snacks, mail or family visits.
Foster parents also have to agree to:
- provide a family atmosphere of acceptance, tolerance, kindness, and understanding and treat you like a member of the household;
- make sure you go to school;
- give you enough food, properly prepared, and of good quality. You are supposed to eat your meals with the family;
- to provide necessities like towels, washcloths and a toothbrush.
If your foster parent is breaking any of these rules, or doing other things that you feel are harmful to you or other kids in the house, you should talk to your social worker or someone at the agency.
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org
1/24/03