National Foster Care Month: Letting Foster Kids Be Kids

Juvenile Law Center,

While National Foster Care Month reminds us of the unique situation of youth who are removed from their families and placed in foster care, it is also important to think about how strongly youth in foster care just want to be treated like “average” kids. 

Far too often, the foster care system creates barriers to youth having the “normal” experiences of adolescence. Most people don’t realize that in many states, foster youth cannot date, go to sleepovers, work, or participate in extracurricular activities.

Foster youth, like other teens, want to spend time with friends, be involved in activities in the community, and be given the space and support to realize their skills and talents. They want to have the chance to develop the kinds of supportive relationships that other kids have in their lives. Not letting kids be kids can have serious consequences for youth growing up in foster care. These experiences and opportunities are important to their development. 

Larbriah Morgan, a Youth Fostering Change Youth Advocate, spoke at a recent Stoneleigh Foundation symposium about her experience growing up in foster care and her ongoing struggles as an older teen in the system. "How can I focus on graduation and attending medical school when I don't know where I'm living this summer?"

Teens need to learn responsibility by learning how to handle freedom. By participating in school and community activities, youth discover their skills and talents and get the opportunity to form healthy relationships. Exposing youth to age-appropriate activities also puts them in a position to connect with caring adults like coaches, teachers, and parents of friends who can become important members of their support team. These adults have the potential, too, of becoming “permanency” resources for foster youth.    

While the child welfare system works hard to reduce the time youth spend in foster care, it is critical to remember the importance of improving services and opportunities that youth receive while they are in care. This is especially true for those who are approaching adulthood. Letting kids be kids is something the system must do if youth are to make a successful transition to adulthood.

Fortunately, several states and the federal government understand that providing “normalcy” for teens in care is essential to improving future outcomes. Since last year’s foster care month, several states enacted laws to promote teen normalcy for youth in foster care. In 2013, Florida enacted the Quality Parenting for Children in Foster Care Act, which requires that teen normalcy plans be done as part of the youth’s case plan. The law also gives the youth’s caregiver the authority to consent to his or her participation in activities without seeking agency and court approval in every instance. The caregiver is to use “the prudent parent standard” in making these decisions.  

Within the last two months, Utah and Washington State passed similar legislation. A comparable bill was passed by the Ohio Senate. 

Finally, Congress is considering the Preventing Sex Trafficking and Improving Opportunities for Youth in Foster Care Act. A provision of this law would require states to promulgate age-appropriate standards for normalcy in foster and group care and implement the prudent and reasonable parent standard for caregivers in all placement settings. The law would also require states to certify foster parents and caregivers to be trained in how to exercise the prudent parent standard and understand the age and developmentally appropriate needs of youth. If passed, this law will promote opportunities for foster youth nationwide.


What You Can Do

If you are a foster parent or group home provider: 

Use the Youth Fostering Change's Teen Success Agreement (TSA) to help negotiate the age-appropriate rules and responsibilities for youth in your care. This tool was created by foster youth. The TSA is a written agreement that outlines age-appropriate activities, responsibilities, and life skills for youth ages 13-21 in the child welfare system. It guides caregivers and child welfare agencies in supporting those goals.

If you are an attorney for a child in a child welfare matter and want to help ensure they have access to age-appropriate rules and responsibilities: 

Use the Teen Success Agreement to guide your advocacy and shape the court orders you request. The Office of the Guardian ad Litem in Florida created a Normalcy Practice Bulletin that provides advocates with concrete inquiries and activities to consider so they can ensure youth have access to age-appropriate opportunities and experiences. 

If you are in favor of changing laws to give foster parents and caregivers more authority to allow youth in their care to engage in extracurricular and other activities: 

Ask state lawmakers to enact a laws similar to those passed in Florida, Utah, and Washington State. Ask your representative in Congress to support the Preventing Sex Trafficking and Improving Opportunities for Youth in Foster Care Act.

Know before you say no: 

If you are a foster parent, child welfare professional, or advocate for a child in foster care, know the rules for youth visiting with friends, getting a driver's license, and participating in extracurricular activities and sports. Too many adults involved with the child welfare system incorrectly assume that youth in care cannot participate in these activities, even when no law prohibits it.

And even when no law prohibits it, children and youth agencies may have internal policies that prohibit ‘normal’ participation by foster youth. Know what your state prohibits and talk to other stakeholders about best practices to provide age-appropriate experiences. Several years ago, Florida initiated a campaign called "Don’t say ‘No’ before you ‘Know.’” All stakeholders should be committed to such a campaign.

Develop a Foster Youth Bill of Rights: 

Some states have enacted Foster Care Bills of Rights that include the right to participate in age-appropriate activities (see Pennsylvania's Bill of Rights here). States in the process of enacting such Bills of Rights should consider including court-enforceable provisions that provide youth with age-appropriate experiences and basic rights. As a result of the advocacy of foster youth in Oregon, such a bill was enacted and became effective in January of this year. (Hear testimony before Oregon's legislature about this bill here).

By taking these actions to allow foster kids to be kids and to lead more “normal” adolescent lives, foster youth will be able to develop the healthy relationships and critical skills they need to successfully make the transition into adulthood.