Ky.gov
Effective: 01/08/2026

C12.2 Rights of Youth in Out-of-Home Care (OOHC)

Legal Authority

Introduction

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Services for youth and young adults in out-of-home care (OOHC) should be youth-driven, with their voices and perspectives at the center of decisions that impact​ their own lives.  Transition-age youth should be empowered, educated, and given a decision-making role in their own care.  On a larger scale, youth have the right to be heard or represented in forums where policies and procedures are created or amended that impact their lives and well-being.  

Practice Guidance

  • ​​A child who is placed in foster care shall be considered a primary partner and the most important member of a professional team. 
  • ​Every youth in ​OOHC has the right to:
    • ​Have basic needs met;  
    • Safety and stability;
    • Information about their family and the circumstances surrounding their entry into OOHC;
    • Have individual educational needs met;
    • Care and services that serve their best interest;
    • Develop physically, mentally, and emotionally to his or her potential;
    • Participate in case planning and court hearings;
    • Contact with their family and friends and explanation for any changes in visitation or changes in placement;
    • Participate in activities typical of same-age peers;
    • Have input into decisions concerning their care; 
  • ​A full, detailed list of the rights of youth in care can be found at KY RISE-YOUTH RIGHTS.
  • The following youth may file a service complaint with the Department for Communty Bases Services (DCBS) Commissioner’s Office:
    • A child who is under the age of eighteen (18) and is in the custody of the Cabinet for Health and Family Services (Cabinet/CHFS);
    • A young adult who has an extended commitment to the Cabinet;
    • A youth who has transitioned out of the Cabinet’s custody within the previous twelve (12) months; or
    • An eligible youth who has been denied the right to reinstate their commitment. 
  • ​Youth may request assistance from their guardian ad litem or regional transitional living specialist (TLS) in filing a service complaint. 

Procedure

​The SSW: 

  1. Provides the youth with information about their rights at each case planning conference, including how to access that information on the KY RISE website or mobile app; 
  2. Ensures that youth aged fourteen (14) and older understand they have the right to:
    1. Designate two (2) additional individuals to participate in case planning conferences or periodic reviews, who are not the foster parent or his or her worker, and who may advocate on his or her behalf. One of these individuals may be designated as the youth’s advisor, and when necessary, to advocate concerning the application of the reasonable and prudent parent standard, as outlined in SOP C7.28 Normalcy for Children and Youth in Out of Home Care​. The Cabinet​, private child caring (PCC) facility, or private child-placing (PCP) agency may reject an individual with a reasonable belief that the individual will not act appropriately on the child’s behalf.
    2. Receive a written description of the programs and services, as described in the Kentucky Benefits Flyer, that will help prepare him or her for the transition from foster care to successful adulthood; 
    3. Receive a consumer report yearly until discharged from care and receive assistance in interpreting and resolving any inaccuracies in the report, as described in C12.18 Credit Reports for Youth in Care; and
    4. File a service complaint if at any point they feel their rights have been violated or they did not receive appropriate services. 
  3. ​Advises youth of the reasons for rejecting any individuals the youth has identified for participation in case planning conferences, and utilizes the conversation as an opportunity to teach about choosing positive supports;
  4. Provides necessary documents, free of charge, to a young adult aged eighteen (18) years or older prior to exit from care, to include the following:
    1. ​An official birth certificate;
    2. Social Security card;
    3. Health insurance information;
    4. A state-issued identification card; 
    5. A copy of the youth’s DCBS case history, including medical records, family medical history, and placement history; and
    6. CHFS Custody Verification Letter;
  5. ​Provides any necessary documents, free of charge, to youth aged fourteen (14) and older upon request for purposes of employment, travel, extracurricular activities, or obtaining a driver’s permit, to include the following:
    1. ​​Official birth certificate;
    2. Social Security card; and
    3. State-issued identification card.
  6. Ensures that youth aged sixteen (16) and older have a state-issued identification card; 
  7. Allows youth to participate in court hearings regarding siblings or half-siblings if deemed appropriate by the Cabinet and the court;
  8. Ensures pregnant and parenting youth have the ability to provide care and make decisions for their own children, as described in SOP C12.22 Parenting Youth in Out of Home Care (OOHC)​, unless a safety concern or treatment need of the youth prevents this;
  9. Provides information to all youth aged fourteen (14)​ and older on actions available to them if at any point in time they feel their rights have been violated, including:
    1. Notifying their worker or FSOS;
    2. Notifying their guardian ad litem (GAL);
    3. Filing a service complaint; or 
    4. Contacting the Commonwealth Office of the Ombudsman (COO).  
  10. Follows procedures in SOP C12.12 Extended Commitment and Return to Care and C12.13 Exit from Out of Home Care at Age 18 or Older​ and guides the young adult regarding filing an appeal of the Cabinet’s decision to terminate or deny extension of commitment; and​
  11. Abides by the commissioner’s written determination regarding appeals of the region’s decision to terminate or deny extension of commitment. 
The Transitional Living Specialist (TLS):
  1. Provides the youth with information about their rights at each transition planning meeting, including how to access that information on the KY RISE website or mobile app; and
  2. Ensures that the youth has received a written description of the programs and services, described in the Kentucky Benefits Flyer, that will help prepare him or her for the transition from foster care to successful adulthood.


Documents

Revisions