As a licensed foster parent in California, you have a defined set of legal rights that cover day-to-day parenting, medical consent, access to the child’s records, notice and participation in dependency court, protection against sudden placement changes, monthly financial support, and priority if the child later becomes available for adoption. These foster parent rights in California come from the Welfare and Institutions Code, the Health and Safety Code, and the California Rules of Court. Some apply automatically from the day a child is placed with you. Others, like formal standing in court, require you to ask.
Everyday Parenting and Medical Decisions You Can Make
California uses the Reasonable and Prudent Parent Standard for foster placements. Under that standard, you decide whether the child can join a sports team, go on a sleepover, attend a school field trip, or use the internet, without calling the social worker or going back to court first.1California Legislative Information. California Code WIC 362.05 – Dependent Children Participation in Extracurricular Activities You weigh safety against the benefit of a normal childhood the way any thoughtful parent would.
You can also authorize routine medical and dental care: immunizations, physical exams, X-rays, and ordinary dental visits.2California Legislative Information. California Code Health and Safety Code 1530.6 Non-routine treatment is different. Psychotropic medication requires authorization from a juvenile court judicial officer, not from you.3Judicial Branch of California. California Rules of Court 5.640 – Psychotropic Medications The same statute also excludes consent to marriage or military enlistment.
Educational decisions are a separate matter. A foster parent does not automatically hold educational rights for the child. If the juvenile court has already limited the biological parent’s authority to make educational decisions, you can step into that role, including signing off on an Individualized Education Program, under Education Code Section 56055, without a separate court appointment.
Information the Agency Must Give You
Within 30 days of a child’s initial placement in your home, the placing agency must provide a current health and education summary covering medical history, immunizations, educational status, and other background you need to care for the child.4California Legislative Information. California Code WIC 16010 – Placing Agency Responsibilities If the child later moves to a different home, the receiving caregiver must get an updated summary within 48 hours. Those are statutory deadlines. If the agency misses them, ask.
Notice of Hearings and the Right to Be Heard
You must receive written notice at least 15 days before any dependency court hearing involving the child, including status review hearings and permanency planning hearings. The notice must tell you that you can attend or submit written information to the court.5Judicial Council of California. A Primer on Juvenile Dependency Proceedings for California Foster Parents and Relative Caregivers
Written input goes in on a Caregiver Information Form, Judicial Council Form JV-290, where you describe the child’s adjustment, health, school performance, and any concerns you want the court to consider.6California Courts. Caregiver Information Form JV-290 Judges read these. Specific observations about the child’s behavior and progress carry more weight than general statements.
Attending hearings and filing a JV-290 are rights every foster parent has. They do not, however, make you a party to the case. For that, you need de facto parent status.
Becoming a De Facto Parent
A de facto parent is someone the court recognizes as having taken on the day-to-day parenting role for a substantial period, meeting the child’s physical and emotional needs.7Judicial Branch of California. California Rules of Court Rule 5.502 – Definitions and Use of Terms No statute sets a minimum number of months; judges decide case by case based on the depth and length of the relationship. You request the designation by filing a De Facto Parent Request (Form JV-295) and a De Facto Parent Statement (Form JV-296).8Judicial Branch of California. De Facto Parents
Once granted, de facto status lets you be present at proceedings where the child’s status is at issue, present evidence directly to the court, and be represented by an attorney you hire. The court also has discretion to appoint counsel for you at no cost if the judge finds it necessary.9Judicial Branch of California. California Rules of Court Rule 5.534 – General Provisions, All Proceedings Appointment is not automatic. Be prepared to explain why counsel would serve the child’s interests, not just yours. It is more likely in complex cases where the permanent plan is contested.
Notice Before a Child Is Removed From Your Home
Under Welfare and Institutions Code Section 16010.7, the placing agency must generally give you written notice at least 14 days before removing a child from your home. During that window, the agency must also pursue a Placement Preservation Strategy to see whether the problems driving the proposed move can be resolved without disrupting the placement.
The 14-day notice has exceptions. It does not apply when the child faces immediate danger, when a court has ordered the change, or when the move is a planned reunification with the biological family. It can also be waived if the entire Child and Family Team (including the child, if age 10 or older) agrees. Outside those situations, the full notice period is yours.
If you disagree with a removal decision, you can request a formal grievance review. Every county is required to maintain a grievance process for complaints about placement and removal decisions. In many cases, the child remains in your home while the review is pending, unless the removal was triggered by immediate danger or a court order. You are not required to exhaust informal steps before asking for a formal written review.
Monthly Payments and Supplements
Foster parents receive monthly payments to reimburse the costs of caring for a child. These payments are not taxable income. The amount depends on the child’s age and assessed Level of Care, with annual adjustments tied to the California Necessities Index. For fiscal year 2025–26, the California Department of Social Services applied a 3.42 percent increase to all out-of-home placement rates.10California Department of Social Services. All County Letter 25-45 – California Necessities Index Rate Increases for Out-of-Home Placement Rates FY 2025-26
Current monthly Resource Family home rates under the Level of Care protocol are:
- Basic Level: $1,301
- LOC 2: $1,447
- LOC 3: $1,596
- LOC 4: $1,741
Foster Family Agency certified home rates are set by the child’s age, ranging from $1,224 per month for children ages 0–4 to $1,483 per month for youth ages 15–21. The FFA also receives a separate administrative component, so the total FFA rate is higher than the home rate alone.10California Department of Social Services. All County Letter 25-45 – California Necessities Index Rate Increases for Out-of-Home Placement Rates FY 2025-26
Supplemental payments are available for children with greater needs. A Specialized Care Increment covers additional supervision for a child with a diagnosed health or behavioral condition.11California Department of Social Services. Specialized Care Children needing the most intensive support may be placed through the Intensive Services Foster Care program, which pays a Resource Family home rate of $3,396 per month.10California Department of Social Services. All County Letter 25-45 – California Necessities Index Rate Increases for Out-of-Home Placement Rates FY 2025-26
Federal Tax Benefits
You can claim a qualifying foster child for the federal Child Tax Credit if the child has a Social Security number, is under 17 at the end of the tax year, and can be claimed as a dependent on your return.12Internal Revenue Service. Tax Benefits for Parents and Families For 2025, the credit is worth up to $2,200 per qualifying child, with a refundable portion (the Additional Child Tax Credit) of up to $1,700 for lower-income families. The phaseout begins at $200,000 for single filers and $400,000 for joint filers. Check irs.gov for any 2026 adjustments before filing.
Monthly foster care payments are not taxable; they are treated as reimbursements for caregiving expenses. Adoption Assistance Program payments received after adopting a foster child are also excluded from gross income. You can still claim the child as a dependent for other credits and deductions while receiving these tax-free reimbursements, which is worth reviewing with a tax professional who knows foster care benefits.
Rights When the Case Moves Toward Permanency
When reunification is off the table and the court holds a permanency hearing under Welfare and Institutions Code Section 366.26, foster parents have real standing. If parental rights are terminated and the child is ordered placed for adoption, a foster parent already caring for the child is entitled to an “adoptive preference.” The agency must give your application priority over all other prospective adoptive families if it determines the child has substantial emotional ties to you and that removal would be seriously detrimental to the child’s well-being.13California Legislative Information. California Code WIC 366.26 – Dependent Children, Judgments and Orders In practice, your application and family study are processed before any other applicant is considered.
If the court designates you a prospective adoptive parent and the agency later proposes removing the child, you must receive notice before the removal and may file a petition objecting to it within five court days or seven calendar days, whichever is longer. The court must then hold a hearing as soon as possible to decide whether removal is in the child’s best interest.13California Legislative Information. California Code WIC 366.26 – Dependent Children, Judgments and Orders This is one of the strongest procedural rights foster parents hold in California.
Adoption Assistance Program
After the adoption is finalized, you may continue to receive support through the Adoption Assistance Program. The AAP provides a negotiated monthly payment that cannot exceed the foster care rate the child would have received, plus Medi-Cal coverage. If the child remains eligible, AAP benefits can continue to age 21.14California Department of Social Services. Adoption Assistance Program A detail that catches many families off guard: the AAP request, eligibility determination, benefit negotiation, and signed agreement must all be completed before the adoption is finalized. Finalize first and apply later, and you may lose eligibility entirely. The child must also meet a “special needs” determination, which can include factors like age, sibling group membership, or a diagnosed disability.15California Legislative Information. California Welfare and Institutions Code 16120
Kinship Guardianship as an Alternative
Adoption is not the only path. Relative caregivers who have had a child in their approved home for at least six consecutive months may qualify for the Kinship Guardianship Assistance Payment Program. Kin-GAP provides monthly payments and Medi-Cal coverage after the court appoints the relative as legal guardian and terminates dependency jurisdiction.16California Department of Social Services. The Kinship Guardianship Assistance Payment Kin-GAP Program As with the AAP, the written assistance agreement must be executed before the guardianship is established. Kin-GAP is built for situations where reunification and adoption are both off the table but the child has a strong, stable bond with a relative caregiver.