EDG 6305 - Legal Guide - Working with Foster Care Youth by Raquel Guzman https://padlet.com/rguzman51/legal_guide Raquel B. Guzman | Angelo State University en-us 2020-09-27 19:58:36 UTC 2026-03-15 03:06:23 UTC hello@padlet.com https://padlet.net/icons/png/1f4c4.png Current News Article 1 rguzman51 https://padlet.com/rguzman51/legal_guide/wish/782776420 Smith-Barrow, D. (2018, December 1). Several colleges start programs to help foster youth earn degrees.
  • This article discusses Western Michigan University, specifically, and how it is one of several universities in the U.S. offering programs to help foster youth earn degrees.
  • This article also discusses the federal law requiring foster youth receive some preparation in life skills beginning at age 14.
  • Often times, this preparation is not well implemented which has led to foster care youth failing to become appropriately prepared to pursue higher education.
]]> 2020-09-27 21:28:21 UTC https://padlet.com/rguzman51/legal_guide/wish/782776420 Current News Article 2 rguzman51 https://padlet.com/rguzman51/legal_guide/wish/782782232 Sparks, S. D. (2018, March 6). The gifted child in foster care: Lost in the shuffle.
  • This article discusses how poverty, trauma, and high rates of mobility can prevent foster care youth from the appropriate academically rigorous courses and programs.
  • Personal connections with even one to two adults in school who can encourage a student's academic potential can greatly improve their achievement and success long term.
  • This is especially important for school counselors to understand as it is their duty to ensure foster care youth are receiving appropriate services through the school.
]]> 2020-09-27 21:36:31 UTC https://padlet.com/rguzman51/legal_guide/wish/782782232 Professional Association rguzman51 https://padlet.com/rguzman51/legal_guide/wish/782789007 American School Counselor Association. (2018) The school counselor and supporting students in foster care.
  • School counselors must recognize that foster care youth may require additional support in obtaining resources, social/emotional care, academic planning and college/career guidance.
  • It is the duty of the school counselor to be knowledgeable about legislation, resources and needs for students in foster care.
]]> 2020-09-27 21:46:51 UTC https://padlet.com/rguzman51/legal_guide/wish/782789007 State Statutory Law rguzman51 https://padlet.com/rguzman51/legal_guide/wish/782794814 Requirements for Enrollment, TEC § 25.002g
  • Immediate enrollment of students under the care of the Department of Protective and Regulatory Services
  • Granted 30 days to provide records to the school district
]]> 2020-09-27 21:54:08 UTC https://padlet.com/rguzman51/legal_guide/wish/782794814 State Constitutional Law rguzman51 https://padlet.com/rguzman51/legal_guide/wish/782798071 Tex. Const. art. 1 § 3a (added 1972).
  • The Equal Protection Clause
  • Amendment applies to children, born in a marriage or not
]]> 2020-09-27 21:59:27 UTC https://padlet.com/rguzman51/legal_guide/wish/782798071 Federal Constitutional Law rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783157838 U.S. Const. amend. XIV
  • The Equal Protection Clause
  • Amendment applies to children, born in a marriage or not
]]> 2020-09-28 02:47:20 UTC https://padlet.com/rguzman51/legal_guide/wish/783157838 Federal Statutory Law rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783187676 Fostering Connections to Success
and Increasing Adoptions Act of 2008, Pub. L. No. 110-351, § 204, 122 Stat. 3960 (2008)
  • Educational Stability
  • Foster child school placement
  • State and local education agency coordination
]]> 2020-09-28 03:08:15 UTC https://padlet.com/rguzman51/legal_guide/wish/783187676 Federal Judicial Law rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783202414 Troxel v. Granville, 530 US 57 (2000)
  • Parents have a fundamental right to control the upbringing of their children
  • U.S. Supreme Court has not addressed a constitutional right for minor siblings to maintain contact with each other once placed in foster care by the state
]]> 2020-09-28 03:18:11 UTC https://padlet.com/rguzman51/legal_guide/wish/783202414 State Judicial Law rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783221261 Aristotle P. v. Johnson, 721 F. Supp. 1002 (N.D. Ill. 1989)
  • Class-action suit against the director of DCFS and the guardianship administrator
  • Seven siblings placed in separate foster homes or residential facilities and denied the opportunity to visit their siblings
  • Ruling that failing to provide visits among siblings on
    a reasonable basis violates the right to freedom of association under the First Amendment
]]> 2020-09-28 03:31:45 UTC https://padlet.com/rguzman51/legal_guide/wish/783221261 State Administrative Law rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783231768 Extended Foster Care, 40. Tex. Admin. Code § 700.346
  • Eligibility requirements for extended foster care of foster youth
  • Eligibility ends on the earlier of the date a young adult ceases to meet the eligibility requirements of this section or the end of the month of the young adult's 21st birthday
]]> 2020-09-28 03:39:29 UTC https://padlet.com/rguzman51/legal_guide/wish/783231768 Local Administrative Policies rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783246593 United Independent School District. (n.d.) Foster care & student success.
  • Promotes school stability and requires coordination across child welfare and educational systems
  • Policies regarding maintaining student confidentiality, attendance, and additional supports are discussed in relation to United Independent School District. 
]]> 2020-09-28 03:50:30 UTC https://padlet.com/rguzman51/legal_guide/wish/783246593 Ethical Principle rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783255130 American School Counselor Association. (2016) ASCA Ethical standards for school counselors.
  • A.8. Responsibility to Students: Student Peer-Support Program
  • School counselors must actively advocate for equal rights and access to free, appropriate, public education for foster care youth.
  • School counselors must collaborate and communicate with parents/guardians to ensure foster care students' needs are being met. 
]]> 2020-09-28 03:56:58 UTC https://padlet.com/rguzman51/legal_guide/wish/783255130 Non-Law Source rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783266183 Texas Foster Youth Justice Project. (n.d.) Education.
  • This website provides information of foster youth rights regarding various topics, including education.
  • The website is useful for both students and counselors to explore.
  • The education page specifically provides resources for foster care youth in elementary, middle, and high school. Information varies from legal rights to UIL activities to higher education.
]]> 2020-09-28 04:05:52 UTC https://padlet.com/rguzman51/legal_guide/wish/783266183 Introduction rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783303083 Raquel Brizuela Guzman
  • Professional School Counselor
  • This legal guide is geared toward school counselor as well as other school administration, faculty, and staff, especially for those who work with foster care youth.
  • The topic of this legal guide is foster care youth and education/school counseling.
  • I chose this topic because as a school counselor I have a duty to be knowledgeable in both the legislation regarding foster care youth in education as well as the different resources and information that may be pertinent to working with foster care youth.
]]> 2020-09-28 04:29:54 UTC https://padlet.com/rguzman51/legal_guide/wish/783303083 Interview rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783309139 According to Mrs. Nelda Ceballos, school counselor at Bonnie Garcia Elementary School, the legislation behind foster care and education is important to understand and practice in the educational field because schools must serve foster care students to the best of their ability. This includes being knowledgeable about the law. School counselors are often times the campus liaison that works most closely with foster care youth. This requires them to constantly collaborate with students, guardians, and state agency representatives. Through utilizing a legal guide such as this one, resources can be easily accessible if and when needed for reference. 
Best practices:
  • It is essential for our school district and campuses, individually, to work closely with state and federal agencies when regarding a foster care student.
  • As a school counselor, you must constantly act as an advocate for foster care students so that they may receive the appropriate services, resources, and education overall. 
  • It is important to stay up to date on any changes in legislation regarding foster care youth in general but this is especially true for legislation on education.

Mrs. Ceballos is especially concerned with any changes or emerging issues that may come up regarding foster care youth and education due to the current pandemic. Due to the unprecedented times, visitation, counseling sessions, and education overall has completely changed nationwide. It is important to watch and see how virtual/hybrid/distance learning affects legislation regarding foster care youth and education. Furthermore, it is important to stay knowledgeable on what changes may arise in counseling duties regarding foster care youth, in regard to the current situation across the country.

This interview was conducted with Mrs. Nelda Ceballos, school counselor at Bonnie Garcia Elementary School, part of the United Independent School District in Laredo, Texas.
]]> 2020-09-28 04:34:08 UTC https://padlet.com/rguzman51/legal_guide/wish/783309139 Best Practices for Compliance rguzman51 https://padlet.com/rguzman51/legal_guide/wish/783328683
  • Federal law requires state child welfare agencies to collaborate with their state and local education agencies to promote school stability and improve educational outcomes for children in foster care.
  • Ensure immediate and appropriate enrollment by child welfare and local education agencies.
  • Federal law allows educational agencies and institutions to disclose a student’s education records to child welfare case workers or other representatives of a state or local child welfare agency.
  • Students in foster care are categorically eligible for all U.S. Department of Agriculture (USDA) child nutrition programs.
  • State law allows for excused absences for court-ordered appointments.
  • State law allows free eligibility for PRE-K for foster care youth.
  • State law allows free lifetime college tuition and fees waiver. 
  • School districts and open enrollment charter schools are required to appoint a Foster Care Liaison and notify TEA of their Foster Care Liaison appointment.
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