CHILD PROTECTION AND FOSTER CARE

Everyone is responsible to see that children are not abused, neglected, or abandoned.  Are you worried that a child might be harmed?  Are you worried about a child who is in the custody of the Department of Health and Human Services (DHHS)?  Many relatives find they can work closely with DHHS to provide care and safety for a child.  If you can help, it is important that you get actively involved as early as possible.  Let people involved with the child know that you are there to help.

What do I do if I think the child has been abused or neglected by someone in the family?

If you cannot keep the child safe, contact the Department of Health and Human Services at the statewide child abuse report number: 1-800-452-1999, or ask for a child protective worker at your local DHHS office.  Talk with the child protective worker about developing a safe situation for the child. 

If you think you can intervene and keep the child safe, share your concerns with the child’s parents.  Consider ways that you can help.  You may be able to care for the child while the parents get a break or resolve some problems.  You may be able to assist the parents in accessing other resources.  Sometimes a family is able to protect a child within the family.

If you do call DHHS and your call meets the criteria for response, DHHS will investigate.  Usually, DHHS does not take the child out of the family.  If the investigation results in concerns that the child is in danger, DHHS may ask you to care for the child, or the Courts may award custody of the child to DHHS to ensure safety.

What can I do if I am worried that the DHHS may take the child into custody and I want to care for the child?

You can work with the child’s parents to develop a way to keep the child safe from harm.  You may talk with the child’s parents about giving you guardianship of the child.  If the parents are willing, have them contact DHHS to see if this will meet the safety concerns. 

You can request that DHHS place the child with you should the child go into DHHS custody.  Call the caseworker and let him or her know you are available.  Find out as much as you can from the caseworker about what will need to be done to keep the child safe.   The caseworker will want assurance that you can keep the child safe and that you will work within DHHS plans for the child.  DHHS is required to consider relatives for placement and recognizes the importance of keeping children with family.

Can I become the child’s foster parent?

Yes, if the child is in DHHS custody and if you and your home meet the qualifications and DHHS staff decide it is in the child’s best interest to be placed with you.  If you are the foster parent, DHHS is still the legal guardian.  This means DHHS will make major decisions for the child.  DHHS continues the role of monitoring parental contact, and helps the child and family get other services as well.  These services may include counseling, respite, clothing and diaper allowance, camp, and other therapeutic services.  The child’s situation will be reviewed in court.

Can DHHS place children in my home if I do not have a foster care license?

Yes, if DHHS determines that you and your home meet DHHS safety standards and that it is in the child’s best interest to be placed with you.  DHHS may require a safety plan for the child.  They will check your home prior to placing the child with you.

Can DHHS provide a reimbursement to an unlicensed home?

Yes, if the children are are in DHHS custody,  then DHHS can provide a minimal reimbursement for the child called a board rate.  A clothing and/or diaper allowance for the child can also be provided.  Contact the child’s DHHS worker for more information. 

Should I try to get a foster home license?

A foster home license will make you eligible for an increased daily board rate and certify that you meet health and safety regulations.  The application process involves a home study and may require home improvements.  If the child is not able to return to the parents and you want to adopt or become a permanent guardian for the child, a foster home license may help the process.

Who else can help me find my way through the DHHS system?

If you want to become a licensed foster parent or adopt a child through DHHS, there are two good resources. Contact DHHS directly, or contact Adoptive and Foster Families of Maine (AFFM).  AFFM staff members can will tell you what to expect of DHHS and how the process works. 

If the child is already in the custody of the state, how do I get to see the child?

Call your local DHHS office and ask for Child and Family Services.  Ask to speak to the child’s caseworker.  It may be that the child’s caseworker works from a different office, but the local office should be able to give you that information.  Ask the caseworker for the opportunity to see the child. 

Custody decisions are made by the court.  At the court proceeding, there are parties to the child’s case.  These parties have legal standing regarding decisions for the child.  Typically, the parties to a case include the parents (represented by their lawyers), DHHS (represented by an Assistant Attorney General), and the guardian-ad-litem whose job is to represent the child’s best interest.  If you want first-hand information on what is taking place in court or if you want your opinion to be heard in court, you may want to petition (ask) the court for status.  For more information, see the Legal Guide for Maine Grandfamilies, available from Families And Children Together (F.A.C.T.).