Re: foster care consent for research

[Kristen Humphrey <krrohu@xxxxxxxxxx>]

"Juanita N. Baker" wrote:
> 
> The State, (Department of Children and Families or whatever it is called in
> your state) can give consent as they have guardianship, parents aren't
> legal consenters if their children are in foster care.  <snip>

I'm not sure about that.  I believe that unless/until parental rights
are terminated, parents have the right to give or deny consent (actually
permission).  I know that's the case for medical decisions (see WALLIS
v. SPENCER, 202 F.3d 1126 (9th Cir. 2000)) and for special education
services.  I assume it would be the same for participation in a study. 
I think the exception is if a judge orders it and notifies the parents
of the order.

I'm completing a project in which I interviewed youth in foster care,
their biological parent(s), foster parent(s), judges, and service
providers.  In my case, I did basically what Kim Murphy advised me to do
(see her previous message for the procedure she used), and everything
went smoothly.

Good luck on your research!

Kristen

-- 
Kristen Humphrey, LMSW
Beach Center on Families and Disability
3111 Haworth Hall
University of Kansas
Lawrence, KS  66045