Guam § 13336 - Foster Children’s Bill of Rights.

§ 13336. Foster Children’s Bill of Rights.

A foster child’s rights include, but are not limited to, the following:

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(a) The right to appropriate care and treatment in the least restrictive setting available that can

meet the child’s needs according to the best judgment of the parents, the caseworker, and the court.

(b) The right to live in a safe, healthy and comfortable placement where the child can receive

reasonable protection from harm and appropriate privacy for personal needs and where the child is

treated with respect.

(c) The right to know why the child is in foster care and what will happen to the child and to the

child’s family, including siblings, and case plans in a way that is appropriate based on the child’s age.

(d) The right to be placed with a foster family that can accommodate the child’s communication

needs.

(e) The right to visit and contact family members, unless prohibited by court order or by Child

Protective Services.

(f) The right to make and receive confidential telephone calls and send and receive unopened

mail, unless prohibited by court order.

(g) The right to be disciplined in a manner that is appropriate to the child’s level of maturity.

(h) The right to attend community, school and religious services and activities of the child’s

choice to the extent that it is appropriate for the child, as planned and discussed with the child’s case

worker and based on caregiver availability if transportation is available through a responsible party.

(i) The right to go to school and receive an education that fits the child’s age and individual needs.

(j) The right to training in life skills such as personal care, hygiene and grooming.

(k) The right to clothing that fits comfortably and is adequate to protect the child against natural

elements such as rain, wind, cold, and sun.

(l) The right to have personal possessions at home that are not offensive to the foster family and

to acquire additional possessions with reasonable limits, as planned and discussed with the child’s

foster parent and case worker, and based on caregiver ability.

(m) The right to personal space, in the foster home preferably, in the child’s bedroom for storing

clothing and belongings.

(n) The right to healthy foods in healthy portions that are appropriate for the child’s age and

culture.

(o) The right to comply with any approved visitation plan, at the child’s discretion, and to have

any restrictions explained to the child in a manner and level of details deemed age appropriate by the

foster parent in agreement with the caseworker and documented in the child’s record.

(p) If the child is six (6) years of age or older, the right to receive contact information of the

child’s case worker, attorney or advocate and to speak with them in private if necessary.

(q) The right to review and participate or request the guardian ad litem to participate on their

behalf in his or her own case plan if he or she is at least fourteen (14) years of age, and to receive

information about his or her out-of-home placement and case plan, including being told of changes to

the plan.

(r) The right to have fair and equal access to all available services, placement, care, treatment,

and benefits, and not to be subjected to discrimination or harassment on the basis of actual or perceived

race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation,

gender identity, mental or physical disability, or HIV status.

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(s) The right to attend the child’s court hearing and speak to the judge.

(t) The right to have the child’s records and personal information kept private and discussed only

when it is about the child’s care.

(u) The right to be free of unnecessary or excessive medication, provided that prescribed

medication must be taken as recommended by the child’s health care provider.

(v) The right to receive emotional, mental health care or chemical dependency treatment, as

planned and discussed with the child’s case worker, as is financially reasonable for the foster parent.

(w) The right to report a violation of personal rights specified in this section without fear of

punishment, interference, coercion or retaliation.

(x) The right to understand and have a copy of the Foster Children’s Bill of Rights listed in this

section. The Foster Children’s Bill of Rights must be posted in a conspicuous place in all secure

facilities and/or residential placement facilities.