Toledo Blade coverage of Press Conference

Lawmakers seek bill of rights law for foster youth
Jim Provance, Toledo Blade, Oct. 22, 2021.

Oct. 22—COLUMBUS — A pair of Democratic legislators called Friday for cementing into Ohio law specific rights for children in the state's foster-care system, ranging from protection from abuse to access to food and health care.

"It's the state's responsibility to be the parent of our children who find themselves in the foster-care system," state Sen. Teresa Fedor (D., Toledo) said. "Thus, it makes complete sense to evaluate its responsibility to perform that duty for our most vulnerable."

The current state budget called for the Ohio Department of Job and Family Services to write a bill of rights for foster-care children in state rules. But Ms. Fedor, fellow state Sen. Tina Maharath (D., Columbus), and foster-care advocates are backing Senate Bill 254, which would insert such a bill of rights into permanent law that could not be easily changed later.

They also called for creation of an independent ombudsman to hear foster children's complaints. Ms. Fedor said she will attempt to amend that into a separate foster-care measure currently in the Senate that would reform how the foster-care system handles complaints. House Bill 4 was triggered by the 2019 death of a 10-year-old Dayton boy in the system after years of unchecked abuse.

"This bill of rights is really great ... but for it to be enforced, for it to be able to have substance and to actually make changes in foster youths' lives so that there's not another [horrifying foster-care story], we really need to have this office so we can enforce this bill of rights," said Cloe Cooper, of the Fostering Achievement Network. "This bill of rights is a great foundation, a bottom line, for change."

The bill does not yet have co-sponsors from the Republican party, which controls both Ohio General Assembly chambers. But the separate House Bill 4 has already passed the Ohio House of Representatives with overwhelming, bipartisan support.

House Bill 4 calls for creation of an ombudsman within ODJFS, but Democrats argue the office should be independent because otherwise it could result in the agency being asked to investigate itself.

The family-services department has not yet written the bill of rights called for in the budget law. Senate Bill 254 instead proposes 31 specific rights that the bills say are supported by those within the foster-care system.

Among those would be the rights to:

—Be free of physical, verbal, and emotional abuse; inhumane treatment, and sexual exploitation.

—Have the child's privacy protected and belongings secured.

—Access to medical, mental, and educational evaluation and treatment.

—A clean and safe living environment.

—Be placed away from other foster-care children known to pose a threat.

—Have communication with a caseworker at least monthly.

—Have regular visitation with siblings, barring a court order to the contrary.

—Have clothing appropriate to a child's age and "gender identity"

"The rights established in this bill would help to keep foster youth safe, healthy, and cared for while in the foster youth system," Ms. Maharath said. "It's also going to help educate foster youth of their rights, empower them to make their informed decisions."