Spotlight Articles Siblings in Foster Care
What Rights Do They Have?
By Madelyn Freundlich
 Each day, brothers and sisters enter foster care. In some cases, they enter foster care together; in other situations, they enter foster care at different times. In some cases, children are full biological siblings; in other cases, they are half siblings; and in yet others, they are not biologically related but have lived together for years and think of one another as brothers and sisters. The bonds between siblings can be the most powerful relationships in these children's lives. Particularly when children's relationships with their parents have been strained by abuse and neglect, they may see their brothers and sisters as the only members of their "real" families. Youths in foster care often report that their relationships with their siblings are most important to them and that the separation from brothers and sisters is the most painful aspect of their foster care experiences. Despite the increasing recognition of the importance of sibling bonds, it is not uncommon that children in foster care are separated when they enter care, finding themselves placed with different foster families or in different group homes. For siblings who enter foster care at different times, it is even more likely that they will be separated from one another. In some cases, siblings remain in care for extended periods of time, never having the opportunity to live together. They may exit foster care feeling that they have "lost" their brothers and sisters. Just as best practice makes clear that siblings should be placed together in foster care whenever possible, it also directs that when siblings cannot be placed together, their relationships should be sustained through regular visiting. Despite this tenet of best practice, children and youth often report that visits with their brothers and sisters are few and far between. Some report that they receive few supports to make these visits a reality - their caseworkers do not ensure that visits are coordinated or that transportation is arranged. When siblings in foster care find themselves separated from one another without opportunities to sustain their relationships, are there legal avenues that are available to them? Do siblings have legal rights to maintain their relationships? Court Decisions
Although courts have been somewhat reluctant to recognize the absolute right of siblings to remain together or remain in contact, there has been a growing trend for courts to treat sibling bonds as an extremely important variable in determining the best interest of children. As recognized by one court: "A sibling relationship can be an independent emotionally supportive factor for children in ways quite distinctive from other relationships, and there are benefits and experiences that a child reaps from a relationship with his or her brother(s) or sister(s) which truly cannot be derived from any other. Those of us who have been fortunate enough to experience a sibling relationship are aware of these basic human truths." Courts, however, have placed different weight on sibling relationships when considering the children's best interests. Some courts, for example, begin with the assumption that siblings should remain together or visit when they must be placed apart from one another. These courts permit the separation of siblings only when there is a clear showing that these connections would work against the best interest of the children. Other courts, however, have viewed the bond among siblings as only one factor in determining the best interests of children. They place no greater weight on sibling bonds than any other factor that may be considered in determining best interests. Because of the wide differences in how courts view the importance of sibling bonds, it is often difficult to determine how a court might decide these issues in any particular case. State Statutes
A number of states have enacted laws that address the rights of siblings. In general, these laws recognize that connections among siblings who have an emotional bond to one another are an interest that the law should protect. These laws do not give siblings an absolute right to live together or to visit with one another. Many statutes, however, require that efforts be made to ensure these connections. Some states, for example, require that "reasonable efforts" be made to place siblings in foster care together. Other states' statutes provide that the placement or regular visitation and communication among siblings and half siblings in foster care are presumed to be in the children's best interests. Other states have elevated the attention that must be paid to sibling connections by the courts. California, for example, requires the court to address sibling visitation issues at each hearing. Other states require the provision or arrangement of transportation to make visitation among children in foster care possible. In several states, statutes provide children and youth the right to approach the court to request the right to visit with their siblings. State laws, however, vary in how siblings may petition the court for visitation rights. Maryland, for example, recognizes the right of any child to ask the court for visits with siblings. Other states allow a sibling to do so only if of sufficient age and maturity, often interpreted as the age of 12. Others require that a "proper person," typically an adult with knowledge of the child and his or her siblings, petition the court on the child's behalf. A Constitutional Right?
The U.S. Supreme Court has not addressed the rights of siblings in foster care to remain together or to remain in contact with one another. In 1999, the court was presented with an opportunity to decide this issue in the case of Hugo P., but the court declined to hear the case. That case involved a 4-year-old child in foster care who had lived for two years with his 6-year-old sister, Gloria, and his sister's adopted mother, Enid. Enid was Hugo's foster mother and, when he was freed for adoption, she requested the opportunity to adopt him. At that point, a paternal relative who had not been involved in Hugo's life and who lived in another state, came forward and stated her desire to adopt the boy. The court ordered that Hugo be placed with the aunt, rejecting arguments that he had a strong emotional bond with his sister and would be harmed by the separation. The court observed that Hugo was resilient and in any event, could maintain contact with his sister by phone or fax. Because the Supreme Court did not agree to hear the appeal from the court's decision, it is not known whether the court would determine that siblings have a constitutional right to maintain their connections. The parent-child relationship has been found to be constitutionally protected, but will the court at some point accord the sibling relationship the same protections? Conclusion
There is considerable variation among states as to the rights of siblings to be placed together in foster care or to maintain contact when they cannot be placed together. Although the trend has been to recognize the importance of sibling bonds, court decisions and state statutes have not consistently protected sibling relationships. As the law continues to evolve, it may be that sibling relationships, particularly when children have lived together and are emotionally bonded, will receive the same protections as the parent-child relationship. ABOUT THE AUTHOR: Madelyn Freundlich is a child professional with a background in social work, law and public health. She currently works as a child welfare consultant. | 
