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The Foster Parent Bill of Rights, annotated.

Last verified October 18, 2026 · Re-checked every 6 months · Sources: O.C.G.A. §49-5-281 (current through the 2026 Special Session) · PAMMS 14.17 · dfcs.georgia.gov grievance pages View the full guide →

The short version

In Georgia, foster parents' rights aren't a courtesy — they're a statute. O.C.G.A. §49-5-281, titled "Bill of rights for foster placements; grievances for violations," enumerates the rights below and pairs them with a grievance path for when they're ignored. Oct 18, 2026 DFCS implements it in policy as PAMMS 14.17, "Foster Parent Bill of Rights and Grievance Procedure." Jul 2, 2026

Two things make this page worth bookmarking: knowing a right exists changes how you ask for things ("the statute says I get advance written notice" lands differently than "nobody told me"), and the statute gives foster placements "the right to file a grievance in response to any violation of this article" (subsection (d)). Oct 18, 2026

Where this list comes from — and what changed in 2026

Every right below is quoted word for word from the current Official Code of Georgia Annotated (the state's public-access site; search the section number 49-5-281), current through the 2026 Special Session. Oct 18, 2026 The section was amended by HB 256, effective May 11, 2026. Oct 18, 2026 Earlier versions of this page worked from an older DFCS summary that lists 23 rights; the current section has 26 numbered rights, plus one numbered 3.1.

What the amendment changed, in the statute's own words: the section now speaks of "foster placements," defined as "foster parents, relative caregivers, and fictive kin who provide care for children in the custody of the Division of Family and Children Services of the Department of Human Services." Rights 1–22 keep their old numbers (with some wording updates). Right 3.1 (the reasonable and prudent parent standard), right 24 (a certified volunteer advocate at meetings), right 25 (no retaliation), and right 26 (independent legal advice) are new in this list, and right 23 now combines the investigation and advocate rights. Oct 18, 2026

We're not attorneys

This page quotes the statute and explains it in plain language; it is not legal advice. The Code text controls, and it can be amended again. Before citing a specific right in a grievance or a courtroom, read the current text on the Code site above, and talk to an attorney or a trained advocate about your own situation.

How you're treated (rights 1–3.1)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right to be treated by the Division of Family and Children Services of the Department of Human Services and other partners in the care of abused children with dignity, respect, and trust as a primary provider of foster care and a member of the professional team caring for children in foster care.”

Tuesday afternoon: When a meeting about the child in your home gets scheduled without asking whether you can be there, this is the right you name. You are not a babysitter for the state — by law, you're on the team.

“The right not to be discriminated against on the basis of religion, race, color, creed, gender, marital status, national origin, age, or physical handicap.”

Tuesday afternoon: Being single, being older, or using a wheelchair is not a reason to be passed over or treated differently as a foster parent.

“The right to continue with his or her own family values and beliefs, so long as the values and beliefs of the foster child and the birth family are not infringed upon and consideration is given to the special needs of children who have experienced trauma and separation from their families. This shall include the right to exercise parental authority within the limits of policies, procedures, and other directions of the Division of Family and Children Services and within the limits of the laws of the State of Georgia.”

Tuesday afternoon: Your household stays your household — your routines, your traditions. The limit runs the other way too: you can't require the child to adopt your beliefs. Sunday dinner, yes; mandatory conversion, no.

“The right to use a reasonable and prudent parent standard when determining the ability of a child in foster care to engage in extracurricular, enrichment, cultural, social, or skill-building activities.”

Tuesday afternoon: Letting a child join the school trip, a sleepover, or a team practice is a call the statute says you make using the "reasonable and prudent parent standard" (defined by reference to §49-5-3). The everyday decisions are covered in our babysitting and 2-night rule guide.

Training, money & being kept informed (rights 4–7)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right to receive both standardized pre-service training, including training in Division of Family and Children Services policies and procedures and appropriate ongoing training, by the Division of Family and Children Services or the child-placing agency at appropriate intervals to meet mutually assessed needs of the child and to improve the skills of foster placements and to apprise foster placements of any changes in applicable policies and procedures of the Division of Family and Children Services and any changes in applicable law.”

Tuesday afternoon: Training isn't only an obligation you owe the state — it's something the state owes you. If a policy changed and nobody told you until you were on the wrong side of it, this right is your answer.

“The right to be apprised of, and to seek out from independent sources, information, laws, and guidelines on the obligations, responsibilities, and opportunities of fostering and to be kept informed of any changes in applicable laws, policies, and procedures regarding foster parenting by the Division of Family and Children Services in a timely manner and at least annually.”

Tuesday afternoon: "At least annually" is a floor written into law. A once-a-year rules update from your placing agency is the minimum, not a favor.

“The right to receive timely financial reimbursement according to any agreement between the foster placement and the Department of Human Services from funds appropriated by the General Assembly and to be notified of any costs or expenses for which the foster placement may be eligible for reimbursement.”

Tuesday afternoon: A chronically late per diem is a rights issue, not just an annoyance — and you're entitled to be told what's reimbursable up front, not to discover it by accident in month eight. More on the money side in our per diem guide.

“The right to receive information from the Division of Family and Children Services on how to receive services and reach personnel 24 hours per day, seven days per week.”

Tuesday afternoon: There should be an after-hours number on your fridge. If you don't have one, ask for it today — it's owed to you, not a perk.

Before you say yes to a placement (rights 8–10)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right prior to the placement of a child to be notified of any issues relative to the child that may jeopardize the health and safety of the foster placements or the child or alter the manner in which foster care should be administered.”

Tuesday afternoon: The 9 p.m. placement call is still a placement decision. You're entitled to know safety-relevant history — before you say yes, not after the child is asleep in your guest room.

“The right to discuss information regarding the child prior to placement. The Division of Family and Children Services will provide such information as it becomes available as allowable under state and federal laws.”

Tuesday afternoon: You can ask questions before agreeing — school situation, medical needs, sibling contact — and asking is normal, not difficult.

“The right to refuse placement of a child in the foster placement or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse effect on being assigned any future foster or adoptive placements.”

Tuesday afternoon: "No" is allowed, and "this isn't working" is allowed. Neither can legally be held against you when the next placement call goes out. In current DFCS policy, a requested placement change generally proceeds 14 calendar days after DFCS receives your request (PAMMS 10.3). Jul 2, 2026

Information while the child is with you (rights 11–13, 17)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right to receive any information through the Division of Family and Children Services regarding the number of times a child in foster care has been moved and the reasons therefor; and to receive the names and phone numbers of the previous foster placement if the previous foster placements have authorized such release and as allowable under state and federal law.”

Tuesday afternoon: Placement history is context you're entitled to. The last foster parent often knows the bedtime trick nobody wrote in the file — you're allowed to ask for the connection.

“The right, at any time during which a child is placed with the foster placement, to receive from the Division of Family and Children Services any and all additional pertinent information relevant to the care of the child.”

Tuesday afternoon: Right 8 covers before placement; this one covers everything after. New diagnosis, new court development, new safety concern — pertinent information keeps flowing to you for as long as the child is in your home.

“The right to be provided with a written copy of the individual treatment and service plan or case plan created pursuant to Code Section 15-11-201 concerning the child in the foster placement’s home and to discuss such plan with the case manager, as well as reasonable notification of any changes to that plan.”

Tuesday afternoon: "It's in the case file" isn't the same as "you have a copy." You're entitled to the actual document, on paper or PDF, and to a heads-up when it changes.

“The right to communicate for the purpose of participating in the case of the foster child with other professionals who work with such child within the context of the professional team, including, but not limited to, therapists, physicians, and teachers, as allowable under state and federal law.”

Tuesday afternoon: You can talk to the therapist. You can email the teacher. You're part of the professional team (right 1), and this right makes the phone calls explicit.

A seat at the table (rights 14–16, 18)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right to participate in the planning of visitation with the child and the child’s biological family with the foster parents recognizing that visitation with his or her biological family is important to the child.”

Tuesday afternoon: Visit logistics run through your family's actual life — school pickup, nap schedules, your work hours. You get a voice in planning the visits.

“The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-201.”

Tuesday afternoon: Case plan meetings and family team meetings are meetings you belong in — participation is the statutory default, not an invitation someone may extend.

“The right to provide input concerning the plan of services for the child and to have that input considered by the department.”

Tuesday afternoon: You see the child more hours a week than anyone else on the team. This right says your observations must be weighed — it doesn't guarantee they'll win, but they can't be ignored.

“The right to be notified in advance, in writing, by the Division of Family and Children Services or the court of any hearing or review where the case plan or permanency of the child is an issue, including initial and periodic reviews held by the court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel in accordance with Code Section 15-11-217, hearings following revocation of the license of an agency which has permanent custody of a child in accordance with Code Section 31-2-6, and permanency plan hearings in accordance with Code Section 15-11-230.”

Tuesday afternoon: Court dates for your foster child should never be a surprise you hear about afterward. Advance. Written. Those two words are in the law.

When a child comes back — or becomes adoptable (rights 19–20)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right to be considered, where appropriate, as a preferential placement option when a child who was formerly placed with the foster placement has reentered the foster care system.”

Tuesday afternoon: If a child you fostered comes back into care, your home is supposed to be near the top of the list — a known bedroom beats a stranger's. If you'd want that call, tell your case manager now so it's on record.

“The right to be considered, where appropriate, as the first choice as a permanent parent or parents for a child who, after 12 months of foster placement, is released for adoption or permanent foster care.”

Tuesday afternoon: If you've been the child's home for a year and the case turns toward adoption, the law says look at you first. "Where appropriate" is real hedging — but so is "first choice."

When you're the one being investigated (rights 21–23)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right to be provided a fair and timely investigation of complaints concerning the operation of a foster placement home.”

Tuesday afternoon: Complaints happen to good homes. What you're owed is process — fair, and on a clock, not an open-ended cloud over your family.

“The right to an explanation of a corrective action plan or policy violation relating to foster placements.”

Tuesday afternoon: If you're written up, you're entitled to understand exactly what for. "You violated policy" without the which-policy-and-how is itself a violation of this right.

“The right to be provided a fair, timely, and impartial investigation of complaints concerning the foster placement’s home, to be provided the opportunity to have a certified volunteer advocate of the foster placement’s choosing present during the investigation, and to be provided due process during the investigation. All communication received by the certified volunteer advocate in this capacity shall be strictly confidential.”

Tuesday afternoon: One right now carries three promises: a fair, timely, and impartial investigation; the chance to have a certified volunteer advocate present; and due process. The statute defines a "certified volunteer advocate" as "an individual approved as a volunteer advocate by the Office of the Child Advocate for the Protection of Children." If you are ever investigated, call the AFPAG advocacy line — 1-877-804-6610 — before your first interview, not after, and ask whether the advocate is certified under this definition. What you tell the advocate stays confidential, by the statute's own words. Oct 18, 2026

Advocates, retaliation & legal advice (rights 24–26)

Quoted from O.C.G.A. §49-5-281(b). Oct 18, 2026

“The right to request that a certified volunteer advocate be present at all meetings with the department where the foster placement is present, including, but not limited to, individual treatment and service planning, administrative hearings, the grievance and mediation process, the adoption process, and any meetings relating to an allegation process. All communication received by the certified volunteer advocate in this capacity shall be strictly confidential.”

Tuesday afternoon: Advocate support is not only for investigations. You can ask to have a certified volunteer advocate beside you at planning meetings, administrative hearings, the grievance and mediation process, and the adoption process. Note the verb: the right is to request one.

“The right to be free from retaliation or discrimination based upon the filing of any complaint or grievance with the Division of Family and Children Services.”

Tuesday afternoon: Filing a complaint or grievance cannot legally be a reason for DFCS to retaliate against you or discriminate against you. If you think it is happening, write down what changed and when, and bring it to an advocate.

“The right to seek and obtain independent legal advice and counsel regarding the foster placement’s status.”

Tuesday afternoon: Talking to your own attorney about your status as a foster placement is a right, not a sign you are being difficult. We are not attorneys and this is not legal advice; for a legal question, ask one.

When a right is violated: the grievance procedure

The same code section builds in the remedy — its title is literally "Bill of rights for foster placements; grievances for violations." Oct 18, 2026 Subsection (d) says: "Foster placements who care for children in the custody of the Department of Human Services through direct approval and placement by the department shall have the right to file a grievance in response to any violation of this article." Oct 18, 2026

We use this box for something we couldn't confirm with an official source, or that is changing. See it on our list of everything we're still confirming

The grievance procedure may have been rewritten in 2026

The amended statute directs DFCS and the Office of the Child Advocate for the Protection of Children, "along with an advisory committee composed in part of representatives from foster placement advocacy organizations," to "develop a grievance procedure, including a mediation procedure and an administrative procedure, to be published in departmental policy manuals and the Foster Parent Handbook no later than July 1, 2026" (subsection (d)). For private agencies, subsection (f) requires the Department of Human Services to develop a procedure "no later than July 1, 2026." Oct 18, 2026 We have not yet re-read PAMMS 14.17 or the Foster Parent Handbook after that deadline, so the steps and forms described next are as we verified them on July 2, 2026 and may have changed. Confirm the current steps with your case manager, your agency, or an advocate before you file.

As last verified Jul 2, 2026, where the process lives depends on who approved your home:

  • DFCS-approved foster parents: the procedure is in DFCS policy PAMMS 14.17, a stepped escalation that runs from the county level up to the state DFCS Division Director and a state review step. Jul 2, 2026 DFCS's public Advocacy & Grievance Process page describes filing Form 80 (level one), Form 82 (level two), and Form 84 to the Office of the Child Advocate (level three) — and says to raise the issue with your local county DFCS office first. Jul 2, 2026
  • Private-agency (CPA) foster parents: your grievance runs inside your agency first — a four-step path from the staff person involved, to their supervisor, to the Executive Director/CEO in writing, to the agency's Board of Directors, whose decision is final. Grievances that reach the board level must be reported to the State DFCS Division Director, including your own written summary of why you're not satisfied. Jul 2, 2026 (Source: an older DFCS document; subsection (e) now requires the Department to put the bill of rights into its private-agency contracts.)

The step-by-step walkthrough — which form, what to write, what happens at each level, and how long each step takes — is its own guide: Filing a foster parent grievance in Georgia.

Retaliation for filing is itself prohibited

The statute now says it directly. Right 25: "The right to be free from retaliation or discrimination based upon the filing of any complaint or grievance with the Division of Family and Children Services." Oct 18, 2026 The older DFCS grievance document said the same in its own words, verbatim: actions taken when a complaint is filed "should never be retaliatory or punitive in nature. No person who files a grievance should be punished, discriminated against, threatened, or retaliated against in any way for filing such action." Jul 2, 2026 DFCS's own policy (PAMMS 14.17) carries anti-retaliation protection as well. Jul 2, 2026 If you believe you're being punished for speaking up, say the word "retaliation" to an advocate — it changes the conversation.

Sources & verification

  • O.C.G.A. §49-5-281 — Bill of rights for foster placements; grievances for violations (current through the 2026 Special Session; amended by HB 256, effective May 11, 2026). Official Code of Georgia Annotated, public-access site: search the section numberadvance.lexis.com Oct 18, 2026
  • Older DFCS summary (pre-2026 amendment, lists 23 rights), "The Foster Parent Bill of Rights and Grievance Procedure" (CPA grievances) — read in full Jul 2, 2026; used here only for the CPA grievance steps and the retaliation language quoted abovedfcs.georgia.gov Jul 2, 2026
  • DFCS Advocacy & Grievance Process (Forms 80/82/84, Office of the Child Advocate, AFPAG line) — page read Jul 2, 2026dfcs.georgia.gov Jul 2, 2026
  • DFCS policy manual (PAMMS) §14.17 — Foster Parent Bill of Rights and Grievance Procedurepamms.dhs.ga.gov Jul 2, 2026
  • DFCS policy manual (PAMMS) §10.3 — Changes in Placement (14-day timeline after a foster parent's request)pamms.dhs.ga.gov Jul 2, 2026

We're not attorneys. This page summarizes law and policy in plain language and is not legal advice. The right-by-right text above is quoted from the Code as current on Oct 18, 2026; the Code controls, and it may be amended again — read it at the first source link before relying on exact wording. If today is past our verified date, confirm specifics with your case manager, your agency, or an AFPAG advocate.

Think one of these rights was violated?

Talk it through with a trained advocate before you file anything. The Adoptive & Foster Parent Association of Georgia's advocacy line exists for exactly this call — and the right to a certified volunteer advocate is written into rights 23 and 24.

AFPAG advocacy line1-877-804-6610