The Law Protects You—Yes, You!
Foster Youth and Siblings Guide
Frequently Asked Questions and Know Your Rights Background

 

Did you know? Your social worker must try to place you and your siblings together!

 

Federal law explains that all agencies are to make reasonable efforts “to place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any of the siblings.”

• See for yourself here. 42 U.S. Code § 671(a)(31)(A)​

 

Are you separated from your sibling? You should still see your siblings at least once per month!

The regulations say that agencies should work to allow “frequent visitation” or “ongoing interaction between the siblings” if your siblings are not placed together. They can only split you up if they document that your “safety” or “well-being” is in danger. 

• See for yourself here. 42 U.S. Code § 671(a)(31)(B); ACYF-CB-PI-10-11  ​

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What if they split us up? Agencies must review your case every 6 months!

Just because the agency made a decision does not mean that this decision is final. A caseworker should be reviewing your case (all important aspects) “periodically, but not less frequently than every 6 months.”

• See for yourself here. 42 U.S. Code § 675(5)

 

What if they split us up? Agencies must review your case every 6 months!

Just because the agency made a decision does not mean that this decision is final. A caseworker should be reviewing your case (all important aspects) “periodically, but not less frequently than every 6 months.”

• See for yourself here. 42 U.S. Code § 675(5)

 

What about my other siblings? “Sibling” can mean more than just a blood relative!

Family isn’t just about biology. If someone is “considered by State law to be a sibling” or “would have been considered a sibling,” then they count as your sibling for these protections! This might include relationships like step-siblings. Every state is different, so check out your state rules to make sure. 

• See for yourself here. 42 U.S. Code § 675(12)

 

Does your family know you are in foster care? Your family should know within 30 days that you’ve been placed in foster care!

Within a month after being removed from your home, the government should tell “all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling, and other adult relatives of the child (including any other adult relatives suggested by the parents).”  They should be told what options they have under the law and how they can support you or facilitate sibling visitation.

• See for yourself here. 42 U.S. Code § 671(a)(29)

• 42 U.S. Code § 671(a)(31)(A)

 

Confused on what’s happening? Your caseworker needs to talk to you!

A case plan outlines your situation and what is the best placement for you. The law states that any plan should be made “in consultation” with you, as well as "up to two members of the case planning team” that are chosen by you. This discussion means you can advocate for things you want like being placed with your siblings. 

• See for yourself here. 42 U.S. Code § 675(1)(B)

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About to leave foster care? You get a say in the plan as well!

If you are about to turn 18 and are transitioning out of foster care, you will develop a “transition plan that is personalized at the direction of the child.” This is another opportunity for you to discuss not just support services and future plans but your ability to continue interacting with and seeing your siblings!

• See for yourself here. 42 U.S. Code § 675(5)(H)

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