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NACC Tip Sheet: engaging adolescent youth in their case


 

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Representing youth in foster care:?

When we hear from youth who are or who have been in foster care, they consistently express disappointment and frustration that their wishes were not considered while in care.?

As amended in 2017, Va Code Sec. 16.1-282.1 ("Permanency planning hearing for children in foster care") requires the court to consult with all?children in care?when it comes to permanency or transition plan. As far as I've been able to discern, courts are not doing this very often--nor is this tracked, despite there being a check box on the court's form.

C. In each permanency planning hearing and in any hearing regarding the transition of the child from foster care to independent living, the court shall consult with the child in an age-appropriate manner regarding the proposed permanency plan or transition plan for the child, unless the court finds that such consultation is not in the best interests of the child.


Additionally, a statutory change to Va Code Sec. 16.1-281 in 2021 lowered the age at which youth should be involved in the creation of their foster care plan:
  1. The representatives of such department or agency shall involve a child who is?14?12?years of age or older in the development of the plan and, at the option of such child, up to two members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. A child under?14?12?years of age may be involved in the development of the plan if such involvement is consistent with the best interests of the child. In cases where either the parent(s) or child is not involved in the development of the plan, the department or agency shall include in the plan a full description of the reasons therefor.
For GALs representing the interests of youth age 12 and over, the NACC provides a useful "tipsheet" --attached!--for engaging youth in the creation of their foster care plans -- and in the permanency planning that will impact their life and future.?

Valerie

Valerie L¡¯Herrou

Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219

Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974

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