Passports to Success

Assuring Positive Educational Experiences
For Children in Out-of-home Care


Module 3: Page 4 of 11

Case study: Corey’s story

Let’s take a hypothetical child in care – Corey Sanders - and review what information the county agency can share with school officials.

The Roosevelt County Human Services Department has taken 10-year-old Corey Sanders into custody, and he is now in a foster home in your school district – the Martin home. The primary caseworker, Jeanne Carter, has filed a court petition under chapter 48 of the Wisconsin Statutes (the Children’s Code). Corey has been in a mainstream 4th grade class at Prairie View Elementary. His teacher there was Ms. Fischer.

Below, click on each of the questions to review the response:

Can the school be advised that Corey is in a foster home?

Yes. County agencies are authorized to share confidential information from their records with schools in order to support the child’s educational needs. Any information that the school obtains under these statutory sections must be kept confidential as required under s. 118.125, Stats.

How will the school be informed that Corey is in out-of-home care?

Generally, the school is informed when Mr. or Mrs. Martin or Jeanne Carter enrolls Corey in school. If Corey entered out-of-home care without changing schools, the school would be informed when either the Martins or Jeanne Carter updated his address and basic information.

The Department of Children and Families recommends that county agencies send copies of notification as to which children are in foster care to the school principal or the building designee, including caseworker contact information, so the school may also be informed in that manner.

If Corey is placed in my classroom, will I be advised that he is in out-of-home care?

There are no statewide policies regarding notifying the teacher that the child is in care. However, it is certainly in the child’s best interests for the teacher to have this information, or the necessary communication among the teacher, caseworker and caregiver, as well as the birth parents, to support Corey’s academic achievement cannot occur.

Your school may have internal procedures or interagency procedures with the county agency for assuring that the teachers of a child in care are advised as soon as possible that the child is in out-of-home care. If not, you can encourage your school to develop such a protocol.

What other information about Corey can I expect to get from the county agency?

The school can expect to receive the information list below from a representative of the county agency. How and with whom this information is shared within the school depends upon school policy and procedures.

Basic information:

  • The name of the student
  • Name of the child welfare agency
  • The caseworker's name, phone number and email
  • The name(s), address, phone number(s) and email of the out-of-home care provider
  • The names, address and phone number of the birth parents or the legal guardians

Education information:

  • Name of the student's previous school
  • If the student has an Individualized Education Plan
  • A list of any specialized programs that the student is part of (e.g., English Language Learner, Gifted, etc.)

The county agency may not have education information at the time of a child’s enrollment, particularly if the child was taken into custody on an emergency basis and entered out-of-home care through a temporary physical custody authorization.

What about Corey himself and what he’s like? Can I get any personal information?

Yes. County agencies are authorized to share information from their records with school officials on a confidential basis. You can read the complete statutory language via these links: s.48.78, Stats. and s. 938.78, Stats.

What specific information about Corey can the county agency disclose to my school?

The statutory language is not specific, leaving it flexible for interpretation to meet changing needs. Agencies have discretion as to what information controlled by these statutes they will release. This is important, because every child and every child’s family situation is unique. Since county agencies are administered by the local county government, formal legal advice comes from each county’s corporation counsel. Therefore, there can be variation among county agencies as to what specific information is released to school officials.

The intent of the statutes is to allow “the confidential exchange of information” between the county agencies and the schools, recognizing that the best interests of the child are served when all parties communicate with each other. Generally, the idea is to share information with the school that will help the school provide an appropriate education for the child and support the child’s adjustment, engagement and academic success in school. Information that is not relevant will not be released.

Although each agency may interpret the statutes a bit differently, the following information is viewed as being the type of information important for appropriate staff in an out-of-home care student’s school to know and should be information that the county agency can share with the school, although it may not be available at the time of a child’s enrollment:

  • Behavior triggers and prevention strategies
  • Positive attributes and interests
  • Extracurricular activities

Can I be told why Corey is in foster care?

No. The reasons why a child is in care are confidential. For the most part, that very sensitive information cannot be released to school staff. If you are teaching or coaching Corey, you need to know behavioral triggers and how to avoid them, as you do with any child, but you do not need to know what happened in his home that resulted in his needing out-of-home care.


avatar

Transcript

“I would want teachers and school counselors to know – you do not have a right to know all the private details about my life such as why I’m in foster care. If you’ve been told that I’m in foster care please keep that information to yourself. If I want someone to know, I will tell them myself.”


Always respect the privacy of the student. Remember that any educational professionals in the school who receive confidential information about a child from the county agency must keep that information confidential. It should only be shared with other school staff based on that person’s need to know and in accordance with school policy, inter-agency agreements and relevant laws. For example, Corey’s teacher(s) needs to know that he is in foster care; other teachers in the school with no responsibility to teach Corey do not need to know.

What about information related to safety, both Corey’s safety and the safety of others? Can the school receive information from Roosevelt County HSD pertinent to the school’s responsibility to keep all children safe?

Yes. Examples of safety-related information appropriate school staff can expect to receive from a representative of the county agency include:

  • Whether Corey has uncontrolled seizures and needs medication.
  • Whether Corey is depressed and suicidal.
  • Whether Corey is liable to become violent and harm someone.
  • Whether there are any contact restrictions or reasons to be concerned about any specific persons having contact with Corey at the school.

 

← Back Next →