Frequently Asked Questions

It’s important to understand that being in foster care is not your fault. Generally, youth are placed in foster care when law enforcement or county workers determine a caretaker is experiencing challenges that prevent them from properly providing a safe living environment for individuals in their care. While every situation is different, you were placed in foster care because a county worker and/or police officer believed that you were not in a safe living environment.

That depends. The court wants you to be safe in your home. The goal is to address the issues that caused you to be removed so that it is safe in your home for you to return. Your lawyer and county worker will provide you with regular case updates. If you have specific questions or concerns, you can always reach out to your lawyer or county worker. 

The goal is to keep siblings together whenever possible. If you’re not currently living with your siblings and want to be living with them, you can ask your county worker if living together is possible, and if not, ask them to provide you with an explanation regarding the current living arrangements. Additionally, you may speak with your lawyer or county worker about having visits with your siblings. 

Tell both your lawyer and county worker where you would like to live. With your permission, your lawyer can make your preferences known in court. The judge will consider all information shared when making decisions about your case. 

That’s the goal! If you are to move to a new placement, talk to your lawyer and county worker about your school options and maintaining contact with your friends. Also, if you think a new school would be a positive change, make sure you talk to your county worker and lawyer.

We recommend you reach out to a trusted adult, such as your lawyer, caretaker, county worker, foster parent, guardian ad litem, therapist, counselor, or teacher, to discuss your concerns. If you are experiencing an emergency or mental health crisis and need to speak to someone immediately, visit Resources – Children’s Law Center of Minnesota.

While living in foster care, you have the right to feel safe and be free from abuse and neglect. If you believe you are experiencing mistreatment in your foster home, we encourage you to have a conversation with your county worker regarding your concerns as soon as possible. Your county worker may be able to help you resolve the issue or be able to find you a new placement where you will be appropriately cared for. You may also reach out to your lawyer or guardian ad litem to discuss your concerns and share any thoughts about your placement. If you are in immediate danger, call 911.

Minnesota prefers youth to live with relatives and kin. This includes relatives that are related to you by blood, marriage, or adoption. It also includes close family friends, people you have lived with or have significant contact with, and those who have a significant relationship with you or your parents. You can request to live with a specific relative, kin, or family friend, and the county can explore this individual placement option. The judge will review the placement to make sure it is appropriate for you. The court also will order family visits unless visits are not safe for you. 

Your point of view about visiting your parents is very important. Make sure your lawyer knows your wishes. It’s okay to be unsure about visitation or change your mind. Just let your lawyer know how you feel about contact and visits with your parents so they can make sure the judge knows. 

A child can be removed from their home by law enforcement if the officer reasonably suspects the child is in an environment that jeopardizes their health, safety, or welfare, or when a court order has been issued by a judge who has determined a child is in need of emergency protective care.

A CHIPS petition is the document a judge receives that identifies the reasons the social service agency or another individual believes the youth is in need of protection and/or services.

The goal of a CHIPS petition is to reunite children with their parents as soon as the parent demonstrates that they have successfully addressed the issues or concerns for safety described in the CHIPS petition. 

Individuals and lawyers appear in court and provide updates to the judge about what has happened since the last time your case was discussed in court. Your county worker and Guardian ad Litem will make recommendations about what they believe should happen in your case. If you have a lawyer, they will also be in court. Your lawyer will make sure to tell the judge anything you want the judge to know about your situation.  Your parents and their lawyers are usually in court. Sometimes other people like your foster parents or other relatives will also talk to the judge and provide additional information and recommendations about what they believe is best for you.  The judge will review all the information and recommendations and make decisions on what should happen next.

Your lawyer is an attorney who is appointed by the court to be your voice in the courtroom.  Your lawyer does not work for the judge or for the county. It is your lawyer’s job to be your voice in the courtroom, so the judge and others involved in the case know what you would like to see happen in your case. It is important to talk to your lawyer and let them know your wishes and concerns. If you have any questions about your case, you should discuss them with your lawyer. 

Children aged 10 and older in Minnesota’s juvenile protection proceedings are entitled to be represented by a lawyer. In fact, children aged 10 and older are required to be informed by their county worker of their right to be represented by a lawyer and a child can waive this right but only after talking to a lawyer first. If you are 10 years old or older, in a child protection case and want a lawyer, you can request one by telling your county worker, Guardian ad Litem or the Judge that you want a lawyer appointed to represent you. 

Generally, in child protection hearings, youth 10 and older are invited and welcome to attend court; however, they are usually not required to attend. Before court, check with your lawyer to determine if you are required to attend. If you are not required to attend and choose not to be present, your lawyer will appear on your behalf to communicate the information you have given permission for them to share. 

A judge is responsible for ensuring that the health, safety, and best interests of the children before them is always considered. Safety is the most important consideration. A judge also ensures that the county is working hard to provide reasonable or active efforts to each family to help resolve the issues that brought the matter to court, and if a child cannot return home, a safe, stable, permanent home is identified. This means that it is the judge’s job to make sure the county social services agency is doing what they are supposed to be doing to make sure you are safe and well-cared for whether you are in your home or in foster care. Overall, the judge is trying to decide what’s best for you—where you will live, who will take care of you, and what kind of support your family needs.  

A Guardian ad Litem (GAL) is an adult who makes recommendations to the judge about what they believe is best for you. They will talk to you and others in your life to help them make their recommendations.

Absolutely, you can ask to talk to the judge. Your voice matters in court. Judges in Minnesota consider the input of foster youth when making decisions about placement, permanency, and well-being.  Your lawyer can assist you in making arrangements and preparing you for this conversation. Topics you may consider addressing directly with the judge include visitation, requests for services, living arrangements, or any specific needs that are unique to your situation.

That depends. The length of time a youth is in foster care varies with each youth’s individual and family circumstances. Some foster youth do not spend much time in foster care and are quickly reunified with their families. Other youth remain in foster care longer, and even others remain in foster care under Extended Foster Care until age 21.  You can ask your county worker and attorney for a better idea of your specific timeline, while they may not have a perfect answer, they will be able to give you information about your personal situation that may help you have a better idea of how long you might be in foster care.   

In some cases, it may not be safe for youth who are about to celebrate their 18^th birthdays to return to their homes. In those cases, youth can take advantage of Extended Foster Care. A youth who is in foster care on their 18th birthday has the option to remain in foster care until their 21st birthday through a program known as Extended Foster Care.  For youth to be eligible for the program, they must meet one or more of the criteria listed below.   

• Must be completing secondary education or a program leading to an equivalent credential.   

• Enrolled in a postsecondary institution or vocational education,    

• Participating in activities aimed at promoting employment or removing barriers,   

• Employed for a minimum of 80 hours per month, or   

• Incapable of completing any of the above activities due to a medical condition.   

For more details visit: Minnesota Department of Human Services Extended Foster Care   

Essentially, if you are 18 and going to school or working 80 hours a month you could qualify for Extended Foster Care which can provide you some additional support and monthly payments as you start to branch out into adulthood and eventually live independently.   

Adoption is a legal process that transfers all the biological parents’ rights and legal responsibilities for a child to the child’s adoptive parent(s).  In some cases, the judge has determined that it is not possible for children to live with their biological parent(s) and the biological parent(s) have lost their parental rights to some or all of their children.  If that is your situation, the county worker will work to find you an adoptive family.   

Children who are unable to be reunited with their biological families can be adopted by relatives, close family friends, or non-relatives. In Minnesota, children 14 years old and older need to consent to their adoptions and are required to complete a specific legal form.  It is very important that you talk to your lawyer before you sign this form.   

Yes, it is possible. In fact, the goal of Minnesota’s child protection system is to reunify children with their parents or guardians whenever it is safe to do so. The court wants to make sure you can safely return home, and it requires the county agency to support your parents or guardians in making the necessary changes. Unless the court decides it’s not in your best interest, you are also entitled to regularly scheduled visits with your parents and siblings. You can ask your lawyer and county worker for updates about your case and your path toward reunification.  

You have a right to be informed about your case. If your case keeps getting delayed talk to your lawyer and county worker about the delays and what you would like to see happen in your case.   

If you are in danger and need help, call 911 as soon as it is safe to do so. When you are not in immediate danger, a suspected abuse report can be made through your local child protection agency.