Accessing a Foster Child’s School Records Easier With Passage of New Federal Bill

A law signed last week by President Barack Obama is designed to clear some educational roadblocks for foster kids, whose school records are often not accessible to child-welfare workers. Parents do not lose parental or educational rights to their child or children if a children services agency only has temporary custody of a child. In the past, this often meant that parental consent was needed in order for a child-welfare worker to take action to access a foster child’s school records. Obtaining parental consent, or a court order to proceed without parental consent, is often difficult, and time-consuming and contributes and compounds school transition difficulties for foster children.

The Uninterrupted Scholars Act gives agencies access to the records by creating an exception for child-welfare workers in the Federal Educational Rights and Privacy Act of 1974, which is known as FERPA. That means child-welfare workers won’t necessarily have to obtain parental consent or wait for court orders to act on school matters.

Please click below to read the Uninterrupted Scholars Act:

http://www.govtrack.us/congress/bills/112/s3472/text

To learn more, please see the below article in the Columbus Dispatch:

http://www.dispatch.com/content/stories/local/2013/01/22/foster-kids-to-get-school-help.html

For more information about Ohio juvenile law, and/or to schedule a consultation please contact your Dayton family lawyer at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

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