Marisa McClellan, Esq., (717) 221-7961, mmcclellan@tuckerlaw.com

Being a foster parent is difficult. It takes a special person to step up and step in to care for a child in need. And the process of caring for the child can be even more complicated as time progresses and court hearings continue.

In Pennsylvania, there are set parameters for a foster parent’s role in dependency court proceedings. Recently, the Pennsylvania Supreme Court has provided more law on what rights a foster parent has (or does not have) in the courtroom where hearings occur for foster children.

So, with the new case law from the Supreme Court of Pennsylvania this year, where does that leave foster parents? Do they now have fewer rights than before?

With the decision in the recent case In the Interest of  S.W., the Supreme Court of Pennsylvania made clear that an entity must have been awarded legal custody to qualify for standing to attempt to intervene in a dependency proceeding when a foster child is removed from the foster parents’ care.

The decision from the Supreme Court states that foster parents will not have standing as a party in a dependency proceeding solely based on identifying as prospective adoptive parents if a foster child is removed. A foster parent does maintain the right to receive notice of the hearing and the right to be heard at the hearing.

If you have questions about your rights as foster parents, contact Marisa K. McClellan with Tucker Arensberg at (717) 221-7961 or at mmcclellan@tuckerlaw.com.  Marisa has over twenty years of experience with foster care, adoption, and family law matters.