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We have gathered together answers to the most often asked questions of foster youth. If you have a burning question not listed here, please contact us so that we can continue to improve this page.

What are my rights as a foster youth?
What does it mean to be emancipated?
How can I get emancipated?
If I don't like my foster home, what can I do?
What happens if I run away from my foster home?
Can I live with relatives instead of in foster care?
Can I get a new caseworker if I don't like the one I have?
What if I want to go home and live with my parents?
What if I want to visit with my brothers or sisters?
Can I stay in foster care past my 18th birthday?

What are my rights as a foster youth?

You have many — find them all by going to My Rights.

What does it mean to be emancipated?

Emancipation is a legal decree that you are responsible for yourself. Essentially, you are an adult and capable of taking care of yourself.

You can sign contracts like an adult (for example, you can sign for your own apartment, financial aid or car);
Your parents and/or DSHS do not have to financially support you anymore;
You can sue or be sued;
You can work full-time without having the legal restrictions which apply to minors;
You can sign for your own medical care.

Emancipation will NOT allow you to drink, vote or possess firearms. It will also not effect whether you are charged as an adult or juvenile for criminal matters.

To see what the law says about your rights after emancipation go to RCW 13.64.060. http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=13.64.060]

How can I get emancipated?

Getting emancipated is not easy. To be emancipated in Washington you must be 16 years old, file a petition in court and prove these things:

You are able to manage your financial affairs;
You are able to manage your non-financial affairs like your education, personal and social life; and
You are a resident of this state.

When you file an emancipation petition, there will be a hearing in court within 15 days. A petition is the official paperwork that you turn into court telling them why you want to be emancipated and showing how you meet the requirements above. You will need to give copies of the petition and notice of the hearing to your parents or guardian and, if you are a dependent foster child, to your DSHS caseworker. They can come to the hearing and either support or oppose your request to be emancipated, but the judge will make the final decision.

You will only be emancipated if you have a job or some legal way to support yourself. You will also probably only be emancipated if you are enrolled in school. The judge's decision will depend on all of your circumstances but it will help if you do not have any criminal problems, you have completed high school or your G.E.D. and if your parents and/or caseworker support your decision.

To see what the law says about emancipation go to RCW 13.64.

You can download emancipation forms for filling out and filing in court at the Washington State Courts Web site.

If I don't like my foster home, what can I do?

If you have been hurt in your foster home or you do not feel safe there, you should call your case worker and CPS (1-866-END-HARM) immediately.

If you are unhappy, but not being abused in your foster home:

Think about how to explain the specific reasons you do not like where you are living. Write them down.
Call your caseworker and talk to him or her about it and ask for help.
If that doesn't work and you have a lawyer, call your lawyer and explain your problems.
If you do not have a lawyer, ask your caseworker to help you get one.
If you are not getting help from anyone and need to complain, you can file a complaint with the Office of Family & Children's Ombudsman by calling them at (206) 439-3870 o 1-800-571-7321 or going to their website and downloading a complaint form. Go to Ombudsman complaints.

Legally, a judge cannot make DSHS place you in a specific foster home. You usually cannot go to court and just say "I want a different foster home" and get one. So, it is best to try to get your caseworker to agree to move you — with help from your lawyer if needed. Whatever you do, do not run away without talking to your lawyer about your options. Running away will probably mean that you are disobeying a court order and there could be consequences. See What happens if I run away from my foster home?

What happens if I run away from my foster home?

The worst case is that you could end up in detention. But different things could happen:

Your foster parent may file a "run report" and the police could pick you up and return you to your foster home or to DSHS.
Your caseworker could go to juvenile court and set a "contempt hearing" where the judge would decide whether you should be held in contempt for breaking the court's order. For more information on contempt go to My Rights.
Your caseworker could get an arrest warrant* if you are on the run and the police could place you in detention until you have a court hearing. If you get picked up on this type of a warrant you will usually be held in detention for 24 hours (not including weekends and holidays) and then brought to court. If you get picked up on Friday you have to stay in detention until Monday before you go to court. The judge may have the contempt hearing right then or let you go and come back for the contempt hearing, or the judge may hold you for a short time in detention until a contempt hearing can be scheduled. If the judge finds you in contempt of your dependency order because you left your foster home without permission — you can be held in detention for up to 7 days, or until you "purge" the contempt. "Purge" means you will have to do something like write an essay about something.

*An arrest warrant means that your name is entered into the police data base system and if the police stop you and ask your name they will know that there is a warrant for your arrest and can arrest you. Your caseworker can also show a copy of the warrant to a police officer and if they know where you are, they can ask to have you arrested. Whenever the police legally arrest you they can search you. People who have warrants outstanding should know that if they carry things around with them that can get them in trouble (like illegal drugs or weapons) they will be searched if they are arrested.

Can I live with relatives instead of in foster care?

Yes, if you have relatives who are suitable and willing to take you. The law says that DSHS must try to place you with relatives before putting you into foster care. You should always tell your caseworker and lawyer about any relatives that you might like to live with. There are reasons why some relatives may not be able to have you, for example:

Your relative's criminal history may prevent him or her from having you. It depends on what the past crime was. Not all crimes will keep your relatives from taking you in, but crimes against children or violent crimes will be a problem.
Your relative's past history with CPS could prevent them from taking you. If they have been accused of abusing or neglecting children in the past, you probably will not be allowed to live with them.
Your relative's relationship with your parents might be a problem. This can be that they do not get along OR that they are so close that your relative will not enforce the court's rules about things like supervised visitation. Another example is if you want to live with your aunt, but your aunt and your mother are always fighting and saying terrible things about each other. The court may not let you live with your aunt because it interferes with your relationship with your mother.

Can I get a new caseworker if I don't like the one I have?

Maybe. If you have tried to get along with your caseworker and can't, or if your caseworker doesn't return your calls or seem to want to help you, you should first contact his or her supervisor. If this doesn't help, you should contact your lawyer and ask your lawyer to help you. Sometimes a judge will order a case to be transferred to a different worker. You should keep track of the specific things that your caseworker is or isn't doing which are making your life in foster care more difficult.

What if I want to go home and live with my parents?

Tell your caseworker and your lawyer. If a court order says you should live somewhere else, you need to get that court order changed before you go home and live with your parents. If you break the court order and stay with your parents, you can be held in contempt. For more information on contempt, go to My Rights. You could also get your parents in trouble and hurt their chance of getting you legally returned to their care.

What if I want to visit with my brothers or sisters?

Your caseworker is required by law to try to make these visits happen. You should first tell your caseworker and then talk to your lawyer if your caseworker does not arrange for these visits.

Can I stay in foster care past my 18th birthday?

Yes. If you are still in school full-time and your foster parents are available to keep you then you can stay in foster care up to your 21st birthday. You will have to "voluntarily place" yourself in foster care once you turn 18 by signing an agreement with DSHS.