Foster care rights bill passes Montana House

HELENA (AP) — The Montana House on Wednesday passed a bill that lays out the rights of foster children and parents and allows them to lodge a complaint with the state if they believe those rights have been violated.

The measure by Rep. Frank Garner, R-Kalispell, is one of several bills lawmakers are considering as they look for ways to reduce the record number of children in foster care in Montana, and to protect those who are in the system. Garner said during Tuesday’s floor debate that his bill places a neutral intermediary between a foster child and parents when their interests don’t align.

“Imagine what it’s like to have your family tell you it doesn’t want you anymore,” Garner said.

There are more than 3,400 children in the state’s foster care system. Gov. Steve Bullock created the Protect Montana Kids Commission last year after the state’s Child and Family Services Division came under criticism for both wrongly removing children from their homes and failing to do so in dangerous situations.

Garner’s bill lists 20 rights for foster children. They include broad principles, such as that a child should be free from abuse, receive an appropriate education, receive quality health care and be free to attend the religious activities of his or her choosing. They also include more specific items meant to allow them to be active in their cases, such as the right to know why they are in foster care, to receive case plans made on their behalf and to be able to communicate privately with their caseworkers.

There are 12 rights listed for foster parents, including freedom from discrimination, being treated with dignity and being notified of changes that would affect their child’s placement. They also would have the right to request a new social worker, be informed of any allegations of abuse against the family and be able to advocate for resources and services for their children, among others.

Both the children and the parents would be able to complain to a designated complaint manager within the Department of Public Health and Human Services if they feel their rights have been violated, under the bill. The health department would set up rules on how complaints are handled.

The measure passed 74-26 in a final vote taken Wednesday after some initial skepticism the day before over the cost of implementing the bill in a tight budget year. Opponents said some parts of the bill were vague, while others objected specifically to foster children being allowed to choose churches other than the ones their foster parents attend.

The bill now goes to the Senate for consideration.