6305 Legal & Ethical Guide by Averie Ruiz https://padlet.com/aruiz511/1hwrgfhcx75c90dd Working With Foster Children/Students en-us 2022-06-09 19:18:23 UTC 2025-12-19 17:14:06 UTC hello@padlet.com Slide 1: Professional Perspective/Audience/Topic aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216673380
This padlet is to inform anyone that works directly with children or students in foster care, more specifically, educators, counselors, and administrators about the legal and ethical practices that come with advocating for these individuals. I chose this topic because I am not a product of the foster care system, so this is an area I am not well informed in. I would like to learn more about the system to ensure I am advocating for my students to the best of my ability and knowledge. My field of education is Master's in Professional School Counseling, and my professional perspective on this topic is there are many students that go are effected by the foster care system and many individuals, like myself, are not as informed as they could be to understand how to most effectively advocate for these individuals.]]> 2022-06-09 19:27:42 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216673380 Slide 2: Interview aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216673589
1) Being in public education regardless of overall socioeconomic status of the school, school counselors will experience a variety of students with a variety of backgrounds. Many students in the foster care system have lived through a traumatic experience and are also trying to navigate their social-emotional development. Students living with trauma and in the foster care system may not have the foundation or basics needs met to help them effectively develop their social-emotional health. It is important for school counselors to learn how to best support these students and their families to ensure the student understands they are important and their needs and education are too.

2) Best Practices:
- Consistent communication with the families of students in the foster care system.
- General check-ins with students enrolled in the foster care system
- Educating staff on signs to look for potential neglect and abuse for all students, but especially those in the foster care.

3) An emerging issue for school counselors working with students that are in the foster care systems is the probability of these students experiencing child welfare. This is an issue educators should be mindful of because students may feel distressed about being in the foster care system while also not having their basic needs met to the fullest extent. This could further impact school counselors by needing to be more in communication with caregivers to see that needs are met and what potential community resources need to be offered. This should motivate school counselors to compile lists of resources specific for the needs of students and families in the foster care system.

4) Jeanne Chestnut, school counselor at Howry STEAM Academy. 

(J. Chestnut, personal communication, June 30, 2022).]]> 2022-06-09 19:27:57 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216673589 Slide 3: Professional Association-- American School Counselor Association aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216674201 Summary:
This article focuses on the mental impact being in the foster care system can have on individuals. It further goes into the benefits and process of trauma-informed counseling.

Resource:
Martinez, R. R., Gavin Williams, R., & Green, J. (2019). The Role of School Counselors Delivering a Trauma-Informed Care Approach to Supporting Youth in Foster Care. Professional School Counseling. https://doi.org/10.1177/2156759X20947747


]]> 2022-06-09 19:28:43 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216674201 Slide 4: Current News Articles (3 years or earlier) aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216675325
What's New for Children in Foster Care Under ESSA?

-The law calls for students to be able to remained enrolled in their "school of origin" (Klein 2020).
-"The Chronicle says that 162,000 foster children, about 37 percent of those in foster care nationally, are living in states where compliance is in question." (Klein 2020)
-This is relevant because educators and administrators need to be mindful of the potential of their state being out of compliance with the law.
-If a state is out of compliance, the child is essentially being uprooted from the foundation they created at their school of origin.
-It is important to advocate for these students because if they have been placed into foster care, it is likely they are experiencing a wide variety of change, so their education can be something they find refuge in.


Reference:
Klein, A. (2020, December 4). What's new for children in foster care under Essa? Education Week. Retrieved June 9, 2022, from https://www.edweek.org/policy-politics/whats-new-for-children-in-foster-care-under-essa/2018/09 https://www.edweek.org/policy-politics/six-new-transparency-requirements-in-the-every-student-succeeds-act/2016/04 

]]> 2022-06-09 19:30:19 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216675325 Slide 5: Current News Articles (3 years or earlier) aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216675399
This article and resource is relevant because:
-It explains the conditions of foster children in Texas.
-It elaborates on the increasing amount of children living in "unlicensed foster homes" (Bohra and Oxner 2021).
-This is relevant because if students' and children's basic needs are not met, they are unlikely to motivated for their education.
-This article provides insight through caseworkers' experience with children that have been through trauma including "abuse and neglect and are being placed in makeshift residential or group homes." (Bohra and Oxner 2021) 

Reference:
Bohra, N., & Oxner, R. (2021, July 19). Texas foster care crisis worsens, with fast-growing numbers of children sleeping in offices, hotels, Churches. The Texas Tribune. Retrieved June 9, 2022, from https://www.texastribune.org/2021/07/19/texas-foster-care-crisis/
 ]]> 2022-06-09 19:30:28 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216675399 Slide 6: Original Sources of Law-- Every Student Succeeds Act aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676264 This act:
-replaces the No Child Left Behind Act
-"The purpose of this title is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps." (Alexander 2015)
-"allows for local educational agencies may apply for sub-grants for local accountability plans." (Alexander 2015)
Reference:
Alexander, L. (2015, December 10). Every student succeeds act (ESSA). Every Student Succeeds Act (ESSA). Retrieved June 9, 2022, from https://www.everystudentsucceedsact.org/#:~:text=The%20Every%20Student%20Succeeds%20Act%20(ESSA)%20is%20a%20law%20that,Obama%20on%20December%2010%2C%202015.  ]]> 2022-06-09 19:31:51 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676264 Slide 7: Original Sources of Law--Fostering Connections to Success and Increasing Adoptions Act of 2008 aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676397 This law ensures:
-"to connect and support relative caregivers"
-"improve outcomes for children in foster care"
-"provide for tribal foster care and adoption access"
-"improve incentives for adoption, and for other purposes." (TEA 2008)

Reference:
Texas Education Agency. (2008, October 7). Foster Care & Student Success - Texas Education Agency. Foster Care & Student Success - Education Laws and Guidance. Retrieved June 9, 2022, from https://tea.texas.gov/sites/default/files/fcss_resource_guide-digital.pdf ]]> 2022-06-09 19:31:58 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676397 Slide 8: Original Sources of Law-- Texas Laws - Education Code EDUCATION CODE TITLE 2. PUBLIC EDUCATION Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676426 -This law focuses on foster parent(s) being involved in the decision making and special education process for the child.

Reference:
2. Texas Education Code. § 29.015.29(3a).]]> 2022-06-09 19:32:02 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676426 Slide 9: Original Sources of Law--Texas Laws - Education Code EDUCATION CODE TITLE 2. PUBLIC EDUCATION Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676492 -This law requires foster parents that are making decisions on behalf of the child with a disability to complete a training prior to the next meeting for the student and no later than the 90th day the foster parent takes the parent role.
Reference:
2. Texas Education Code. § 29.015.29(3b).]]> 2022-06-09 19:32:08 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216676492 Slide 10: Local Administrative Law/Policy/Rule aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216677727 Texas Administrative Code, Title 26, Chapter 749, Subchapter:

This law focuses on the rights of children in the foster care system. It addresses their rights are protected within foster  care or an adoptive placement prior to being adopted. In a child placement agency, none of the child's rights can be restricted or denied. Finally, if a child is experiencing abuse, neglect or exploitation, the agency must remove the child from the situation.


26. Texas Administrative Code. §749.1001.]]> 2022-06-09 19:34:02 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216677727 Slide 11: Ethical Principle aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216678011 Identify one item in your professional code of ethics related to your topic or related to an ethical dilemma that can come up in scenarios related to your topic. Include the ethical code item, citation for the code of ethics, link to the code of ethics, and approximately 2 sentences explaining the connection to your topic.
ASCA A.10.f states that the school counselor is required to advocate for all students' rights to a free education equally. The school counselor must ensure all students receive appropriate education for all youth and ensure students are not "are not stigmatized or isolated based on race, gender identity, gender expression, sexual orientation, language, immigration status, juvenile justice/court involvement, housing, socioeconomic status, ability, foster care, transportation, special education, mental health and/or any other exceptionality or special need."

Asca ethical standards for school counselors. American School Counselor Association (ASCA). (1984). Retrieved July 19, 2022, from https://www.schoolcounselor.org/About-School-Counseling/Ethical-Legal-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1) ]]> 2022-06-09 19:34:29 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216678011 Slide 12: Personal Connection to the Legal and Ethical Standards aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216678344

The analysis of legal and ethical standards helped me understand the relevance of and importance of these standards to my future career. Understanding these laws allows me to protect myself and my students with knowledge of requirements and student rights. In addition, I was able to learn about the protection that goes into foster care programs.

-Building an understanding of these laws and standards helps me to know when boundaries have been crossed to infringe on the rights of students in foster care. 
-Knowing how to protect myself and students solidifies my motivation to become a school counselor because I am informed in areas that others may not be in regards to how to protect and support students in the foster care system.
-Being informed on how to protect students in foster care allows me to know potential risks to look for and when to contact the foster care program the student is enrolled in. ]]> 2022-06-09 19:35:02 UTC https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216678344 Slide 13: Bulleted list of Recommendations/Best Practices for Compliance aruiz511 https://padlet.com/aruiz511/1hwrgfhcx75c90dd/wish/2216678806 - It is beneficial and effective to use trauma-informed counseling when navigating situations with students in the foster care system.
- ESSA ensures that students in foster care can remain in their school of origin.
- For safety reasons, it is important to make sure that children are placed in homes that are registered in the foster care system, not make shift homes. 
- ESSA replaces the No Child Left Behind Act and ensures all students have an equitable education.
- Fostering Connections to Success and Increasing Adoptions Act of 2008 makes it a priority to connect children with family caregivers and improve and increase adoptions/outcomes for children in foster care.
- Texas Education Code Chapter 29 addresses parents of foster children being involved in the decision making process for the education of their child and requires parents to complete a training within 90 days of making a decision on behalf of a child with a disability.
- Texas Administrative Code, Title 26, Chapter 749 requires that an agency must be aware of the safety or lack thereof for a child in foster care and must remove them from the placement if they are in danger or at risk.
- ASCA A.10.f states that school counselors are responsible for preventing and decreasing any stigma that students may be pressured with for being in the foster care system. 

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