Foster Youth Rights

These questions and answers are your rights, explained in a way that makes them easier to understand than when they are in legal language. They are organized into topics or areas, so you will be able to find answers to the questions that are on your mind.

You can find all 41 of your rights in legal language here.

Results for “All”: 104



Are the rights included on this website my only rights?

personal-rights

No. Youth in foster care have many more rights than the ones discussed on this website.
To find out about other rights you may have, please call the Office of the Foster Care Ombudsperson at 1-877-846-1602.


Can anyone else see my court paperwork?

court

You have the right to keep your court paperwork private, but there may be exceptions if the judge has a legal reason to let someone else see it. Some people, such as your parents, legal guardians, or siblings, may be able to see your court reports if there is a legal reason for them to see it.



Can I attend religious services and activities?

icwa-youth personal-rights

Yes. You have the right to attend religious services and activities of your choice. This includes, but is not limited to, participating in traditional Native American religious practices. Your caregiver and social worker must arrange for you to get to and from your place of worship.

No one can force or require you to attend any religious service/activity that you do not wish to,


Can I be treated differently because of my sexual orientation, gender identity, and/or expression?

sexual-orientation-gender-identity

No. You have the right to be treated fairly and with respect. You have the right to get the same services, care, treatment, and benefits as all foster youth. No one can harass you, hurt you, or discriminate against you based on your actual or what someone thinks is your sexual orientation, gender identity, or expression while you are in foster care. If other youth are harassing you or threatening you, your caregiver and social worker/probation officer must do something to stop it. No one has the right to force you to change your sexual orientation or gender identity.

Related Definitions: Caregiver Related Definition Caregiver

Sometimes called a resource family or foster parent, a person who has been approved to provide a home for and take care of youth who are in foster care. Caregivers are responsible for making sure that youth are healthy, safe, and have what they need. STRTP staff are also caregivers.

, Gender Related Definition Gender

Gender is what society expects and stereotypes about what it means to be male or female. It is how society expects you to act because you are male or female. People can identify as male or female or as moving between genders, no gender, or as another gender. Gender is fluid and can change.

, Gender Expression Related Definition Gender Expression

The way a person expresses their gender identity, such as through how they dress or behave.

, Probation Officer Related Definition Probation Officer

Probation officers are responsible for supervision of some youth (juveniles) on probation. They are required to make regular home visits to ensure that that youth are healthy and safe and that delinquency court orders are being followed. They also meet with youth and their families to help with rehabilitation.

, Sexual Orientation Related Definition Sexual Orientation

Who you’re attracted to and want to have sexual or romantic relationships with. Sexual orientations include, but are not limited to, gay, lesbian, straight, bisexual, and asexual.

, Social Worker Related Definition Social Worker

Also called Children’s Social Workers or CSWs, they are responsible for supervision of youth who have DCFS cases. They make regular home visits to ensure that that youth are healthy and safe, have what they need, and that dependency court orders are being followed. They also meet with youth and their families to help the family get back together when possible.



Can I choose where I go to get sexual and reproductive health care?

general-health sexual-reproductive-health

Yes. You have the right to choose your own health care provider (doctor, nurse, etc.) for sexual and reproductive health care, as long as they take Medi-Cal or another approved insurance.

Your caregiver, social worker/probation officer, or STRTP staff must help you get transportation to get reproductive and sexual health care services in a timely manner.

Related Definitions: Caregiver Related Definition Caregiver

Sometimes called a resource family or foster parent, a person who has been approved to provide a home for and take care of youth who are in foster care. Caregivers are responsible for making sure that youth are healthy, safe, and have what they need. STRTP staff are also caregivers.

, Probation Officer Related Definition Probation Officer

Probation officers are responsible for supervision of some youth (juveniles) on probation. They are required to make regular home visits to ensure that that youth are healthy and safe and that delinquency court orders are being followed. They also meet with youth and their families to help with rehabilitation.

, Reproductive Health Related Definition Reproductive Health

Reproductive health is the complete physical, mental, and social well-being in all matters relating to the reproductive system.

, Short-Term Residential Treatment Program (STRTP) Related Definition Short-Term Residential Treatment Program (STRTP)

A residential facility that provides specialized and intensive services and supports to youth placed in foster care that need extra support or treatment so that they can heal and return to living in a home environment. Placement in an STRTP should be limited to six months unless a youth’s needs justify a longer stay.

, Social Worker Related Definition Social Worker

Also called Children’s Social Workers or CSWs, they are responsible for supervision of youth who have DCFS cases. They make regular home visits to ensure that that youth are healthy and safe, have what they need, and that dependency court orders are being followed. They also meet with youth and their families to help the family get back together when possible.


Can I contact or visit my friends or other people who are not in foster care?

family-connections

Yes. You have the right to contact people who are not in foster care, like friends, mentors, teachers, religious members and others, if they are safe and appropriate. If you have people who are important to you, you should tell your caregiver, social worker/probation officer, and lawyer that you would like to see them.


Can I decide who goes to my court hearings?

court

You have the right to ask for certain people to attend your court hearing. You also have the right to say that you do not want certain people to attend your court hearing, but the judge can still let them stay if they think there is a good reason for them to be there.


Can I dress, style my hair. and use products that match my gender identity and expression?

sexual-orientation-gender-identity

Yes. You have the right to have clothes and dress in a way that matches your gender identity and expression. You have the right to cut and style your hair and have grooming and hygiene products (like soap, shampoo, deodorant, and lotion) that respect your gender identity and expression. Your caregiver must make sure you have the things listed above.


Can I get a drivers license?

preparing-for-adulthood-money-management

Yes. You have the right to get a drivers license. Your social worker/probation officer can sign your application without taking personal responsibility.

You can also have your application signed by a grandparent, sibling over the age of 18, aunt, uncle, or the foster parent you are living with. However, if any of these people sign, you will both be held responsible if you get in an accident.

Ask your caregiver and social worker/probation officer or your ILP program if they can help pay for driver’s education and driver’s training.

Related Definitions: Caregiver Related Definition Caregiver

Sometimes called a resource family or foster parent, a person who has been approved to provide a home for and take care of youth who are in foster care. Caregivers are responsible for making sure that youth are healthy, safe, and have what they need. STRTP staff are also caregivers.

, Independent Living Program (ILP) Related Definition Independent Living Program (ILP)

The ILP provides training, services, and programs that help current and former foster youth to prepare for adulthood before and after leaving the foster care system. Youth are eligible for ILP services up to the day before their 21st birthday if they meet one of the following conditions:

(1) They were or are in foster care at any time from their 16th to their 19th birthday, or

(2) They were or are between the ages of 16 and 18 years of age and participating in the Kinship Guardianship Assistance Payment Program (Kin-GAP).

Some of the ILP services are: daily living skills, money management, decision making, building self-esteem, financial assistance with college or vocational schools, educational resources, housing (transitional housing), and employment.

, Probation Officer Related Definition Probation Officer

Probation officers are responsible for supervision of some youth (juveniles) on probation. They are required to make regular home visits to ensure that that youth are healthy and safe and that delinquency court orders are being followed. They also meet with youth and their families to help with rehabilitation.

, Social Worker Related Definition Social Worker

Also called Children’s Social Workers or CSWs, they are responsible for supervision of youth who have DCFS cases. They make regular home visits to ensure that that youth are healthy and safe, have what they need, and that dependency court orders are being followed. They also meet with youth and their families to help the family get back together when possible.



Can I get birth control or other types of protection?

general-health sexual-reproductive-health

Yes. At any age, you have the right to make your own decisions about birth control. You have the right to get or refuse, keep, and use birth control or protection of your choice including, condoms; birth control patch, pill, or shot; diaphragm; spermicide; dental dam; emergency contraception (Plan B/Morning-After Pill); and medications to prevent STIs.

You have the right to keep your birth control in your own private storage space. Condoms or birth control cannot be taken away as a punishment or due to your caregiver’s religious beliefs or personal feelings.



Can I get medical treatment to prevent, or treat sexually transmitted infections (STIs) or HIV?

general-health sexual-reproductive-health

Yes. If you are 12 or older, you have the right to make your own decisions about preventing, testing, or treating sexually transmitted infections and HIV. You do NOT need permission from your parent, caregiver, social worker/probation officer, or any other adult.



Can I have a say in making decisions about my medical treatment and services?

general-health

Yes. You have the right to be part of decision-making about your medical treatment and services.

Related Rights: 22 California Youth Foster Right 22

(A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.

(B) To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.

, 24 California Youth Foster Right 24

(A) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.

(B) At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.

(C) At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.

, 25 California Youth Foster Right 25

At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.

Related Definitions:

Can I have contact with my tribe and tribal members?

family-connections icwa-youth

Yes. You have the right to get and make private calls from anyone you want unless a judge says there are limits on who you can talk to. Your social worker/probation officer must tell your caregiver in writing if the judge says there are people you cannot talk to. Your caregiver can temporarily take away your right to make or get some phone calls as a consequence. No one can ever stop you from calling your lawyer, social worker/probation officer, CASA, the Foster Care Ombudsperson, and Community Care Licensing.

Related Definitions: The Indian Child Welfare Act (ICWA) Related Definition The Indian Child Welfare Act (ICWA)

A federal law that passed in 1978 to protect the best interest of Indian children and to promote the stability and security of federally recognized Indian tribes and families.

The ICWA created laws that require recognition of tribal laws, customs,
and cultural values when removing Indian children from their families
and placing them outside of the family home. Because tribes are
governments separate from a state or county, the ICWA requires state
and county authorities to work with the tribes where Indian children may
be placed in foster care or for adoption.

, Ombudsperson Related Definition Ombudsperson

An ombudsperson is a person whose job is to receive, investigate, and resolve complaints about rights violations or other concerns.

, Probation Officer Related Definition Probation Officer

Probation officers are responsible for supervision of some youth (juveniles) on probation. They are required to make regular home visits to ensure that that youth are healthy and safe and that delinquency court orders are being followed. They also meet with youth and their families to help with rehabilitation.

, Social Worker Related Definition Social Worker

Also called Children’s Social Workers or CSWs, they are responsible for supervision of youth who have DCFS cases. They make regular home visits to ensure that that youth are healthy and safe, have what they need, and that dependency court orders are being followed. They also meet with youth and their families to help the family get back together when possible.