Did you know that New York State has a law with minimum standards of care for foster kids that do not apply to any other child? We believe all children deserve to be cared for, and the current minimum is WAY TOO LOW. We propose the following:

1.      Food:

a.      Access to clean drinking water in appropriate amounts as regular intervals 

b.      Provide children sufficient nutritious, wholesome and properly prepared foods aligning with any dietary needs or restrictions and as determined by FDA or USDA guidelines or in conjunction with an accredited health care provider, served at regular hours.

c.      Homes must have sufficient food and water available on hand for immediate dietary needs of the children

2.      Cleanliness & Maintenance:

a.      No present dangers or hazards including but not limited to disrepair, fire/water risk or damage, mold, accessible live wires, unscreened fireplaces or heating apparatus. Reasonable effort shall be made by the property owner, unless otherwise indicated or agreed to in a written legal document, to rid or remediate as much as possible any such dangers or hazards. 

b.      Home must be equipped with heat, electricity, clean running water, smoke & CO2 detectors, with reasonable exception for natural disaster or normal outages not due to disconnection

c.      Reasonable sanitary conditions free from, but not limited to, animal or other excrement, garbage, food scraps, hoarding, cigarette and/or other drug debris/paraphernalia, dead animals

d.      Reasonable efforts shall be made by the property owner, unless otherwise indicated or agreed to in a written legal document, to rid or remediate as much as possible based on geographic location and/or means the home of pest infestation including but not limited to lice, bed bugs, flies, fruit flies, roaches, mosquitoes, scorpions, ants, bees, mice, snakes, etc.

3.      Sleeping requirements:

a.      Private, non-communal sleeping quarters that cannot be in an unfinished attic or basement.

b.      Separate bedrooms for children of opposite genders over 7.

c.      No more than 3 individuals to a bedroom space with reasonable exceptions in cases of related children of the same gender and with consideration to familial means

d.      Children must be provided separate beds as outlined below

e.      Children over the age of 3 may not sleep in a bedroom occupied by an unrelated adult

f.       Children must be provided at minimum: 1) a mattress, 2) clean linens free from soil including blankets, and a fitted sheet 3) a pillow.

4.      Hygiene 

a.      Must provide access to adequate bathing, toilet, lavatories, clean running water, & basic age-appropriate hygiene products such as soap, shampoo, deodorant, & feminine hygiene products.

b.      Age and size appropriate clothing must be provided and in proper condition of repair and cleanliness.

c.      Children shall be provided with a sufficient quantity of non-shared clothing, adapted to seasonal conditions, and of such style and quality as not to distinguish them from other children in the community, within reason and consideration of familial means . 

d.      Must provide sufficient individual toilet articles and clean towels, suitable to the child's age and gender, and a minimum of one individual drawer and closet space for clothes and toiletries

5.      Safety

a.      Reasonable efforts must be made to secure firearms and other weapons. Firearms should be secured according to local law.

b.      Children should be free from excessive punishment and allowed to mingle freely within the home. Grounding as a means of punishment is acceptable provided the child is not locked to a confined space and access to resources is still made available.

c.      Children under 10 should receive proper supervision at all times by at least one provider not under the influence of alcohol, marijuana, illicit or prescribed drugs, etc. to the point of impairment.

d.      Children shall be transported according to local Vehicle Safety Standards including but not limited to in a registered vehicle, at or under maximum capacity according to make/model, in a proper location, with proper restraints, and/or safety seats appropriate to the child’s age, height, weight, & operated by a driver with a valid license

e.      Children shall not be exposed to confined spaces in which cigarette, marijuana, vape devices, etc. have been recently or are presently used.

f.       Children should not be exposed to individuals known to be restricted registered sexual offenders.

6.      Education & Development

a.      Children have the right to receive free and appropriate education through any legal avenue (private, public, home school, etc.) until receiving a high school diploma, IEP diploma, GED diploma, or comparable. Regular attendance according to local law is required unless a reasonable exception may otherwise apply.  

b.      Children should be provided sufficient space with adequate light and other applicable access for studies, including internet access if so required for school

c.      Parents may not hinder regular participation or milestones as a means of punishment or control including but not limited to obtaining a driver’s license, applying to college or vocational school in or out of state, obtaining age-appropriate work, attending class.  

d.      Children have the right to attend or participate in activities that are appropriate for age and development, such as after-school activities, summer activities, work experience, field trips, etc. in accordance with availability and familial means.. 

e.      Children should receive appropriate evaluation and reasonable accommodations for any suspected or diagnosed illness, disability, etc.

7.      Emotional Wellbeing 

a.      Parents should provide an atmosphere of acceptance, kindness and understanding and endeavor to give each child equitable support, attention and recognition to promote the child's normal development as identified through the childs health care provider.  

b.      Children have the right to receive mental health support including but not limited to counseling, therapy, psychological treatment.  

c.      Children should receive appropriate evaluation and reasonable accommodations for any suspected or diagnosed illness, disability, etc.

8.      Medical Treatment

a.      Children have the right to receive dental, medical, vision, mental and behavioral health services, or any other service deemed medically necessary regularly, and more often as needed.  

b.      Children have right to receive guidance family planning and to consent to reproductive health care services regardless of age, if a doctor or other accredited medical professional determines that they are able to make these decisions.

c.      Children should receive appropriate evaluation and reasonable accommodations for any suspected or diagnosed illness, allergy, disability, etc.

d.      Children shall be given appropriate medications as prescribed including but not limited to at appropriate frequencies, in appropriate amounts.

9.      Autonomy 

a.      Upon adulthood, emancipation, removal, change of custody arrangement, or otherwise, children or legal caregivers have the right to access their birth certificate, social security card, health insurance information, medical records, a driver’s license or state issued identification, school records, and/or any other pertinent information or legal documentation

b.      Children have the right to attend or not to attend religious services in their faith, and to practice their own religion, if they have one and/or if it defers from that of their family.

c.      Children should receive appropriate evaluation and reasonable accommodations for any suspected or diagnosed illness, disability, etc.

d.      Children have the right to court appointed representation for family court matters should the need arise. Such court appointed attorneys are obligated to both represent the interests of the children while ensuring through reasonable due diligence that households uphold the standards outlined in this Bill of Rights. 

e.      Modification of provisions regarding child abuse/neglect report retention and expansion of mandated reporter provisions as outlined in NY State Senate Bill 2009-S1510

10.  Freedom from Abuse

a.      Children must be free of exploitation as well as physical, mental, emotional, psychological, and sexual abuse & neglect 

b.      Children must be free from observing exploitation as well as physical, mental, emotional, psychological, and sexual abuse or neglect perpetrated against any other individual

c.      Children may not be provided access to or observe the presence or use of illicit drugs and/or related paraphernalia.  

d.      Children must be free from cruel, harsh or unnecessary punishment, including but not limited to being hit, bullied, locked in a room or separated from others as a means of discipline, being made to do work unfairly and being denied water, food, sleep or any other right protected in the provisions above.  

e.      Children have the right to be disciplined in a manner that is appropriate to the reason why they are being disciplined, how mature they are, their developmental level, and their medical condition. Children have the right to know why they are disciplined.  Children may not be restrained for punishment or convenience, unless otherwise recommended by a healthcare professional and appropriate training has been obtained by the individual responsible for restraint.

f.       Concerns regarding mental/emotional/psychological wellbeing must be assessed by an appropriate and accredited medical professional. Assessment can be completed by an assigned provider, a provider of the families choosing, or a known, current provider.

Crimes against children are punishable as proposed in NY State Senate Bill 2009-S1510

Demand the passage of a Children's Bill of Rights Now!