Foster Children With Disabilities or Medical Issues

Children come into the foster care system from a variety of backgrounds. Some of them have disabilities or medical issues.  As wards of the state, children in foster care are eligible for Medicaid and other government benefits. 

Nearly half a million children are in foster care in the United States. Studies have shown that their medical and mental health needs are frequently overlooked. Many foster children also have diagnosed disabilities. This can range from minor developmental delays to significant psychological and physical challenges.

This article provides a brief overview of foster children with medical needs.

Foster Children With Disabilities

Foster children with medical issues or disabilities face unique challenges. Often, these children have been removed from their biological families due to neglect or child abuse. They may have complex medical needs that require ongoing care. The family is unable or unwilling to provide the necessary support. This may leave these children at risk for further health complications.

A 2020 study found that nearly half of children in foster care have special healthcare needs. These children may deteriorate further if their foster parents can’t meet their needs.

Foster children with a disability are often less successful in obtaining a permanent placement. They may have several different foster families or foster homes before finding permanency. They’re also frequent victims of child abuse or maltreatment.

Disabilities common among foster children include:

• Attention-deficit/hyperactivity disorder (ADHD)
• Autism spectrum disorder
• Blindness
• Cerebral palsy
• Deafness
• Down syndrome
• Diabetes
• Epilepsy
• Heart conditions
• Intellectual disabilities
• Learning disabilities
• Leukemia
• Sickle cell disease

These children need specialized care. They may also need collaborative care and special education. Some conditions may need home care, depending on the child’s impairments.

Independent living can pose its own challenges, especially for foster children with medical issues or disabilities. They may need more resources and support to transition to adulthood successfully.

Social workers and caseworkers play a role in ensuring these children receive the necessary care and services. This might include medical consultations and family-centered support.

Foster Parents with Disabilities

The foster care system recognizes that adults with disabilities can provide a stable and loving home for children in need. Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act support this recognition. The laws require agencies and the courts to give them a full and equal chance to participate in foster care and adoption programs. These laws also prohibit discrimination against individuals with disabilities.

When making crucial decisions related to foster parents or prospective foster parents with disabilities, the child welfare agency should conduct individualized assessments. The agency should look at the parent’s ability to provide for the child’s needs, welfare, and well-being. This means that the agency should construct a fair assessment of the parent’s capacity to care for the child. They should not base their decision on stereotypes about people with disabilities.

The agencies and the court should also provide them with reasonable accommodations or modifications. This aims to ensure that foster parents with disabilities have equal access to foster care or adoption programs.

Funding for Health Care

Access to health care is a critical concern for children in foster care. There is a high number of children with medical needs or disabilities in the system. Funding for health care in foster care varies by state.

Most of the money to pay for the medical needs of children in foster care comes from Medicaid. Kids who aren’t eligible for Medicaid are usually covered by the Children’s Health Insurance Program (CHIP). A complex safety net of government programs ensures that children in foster care have health insurance coverage to meet their needs.

This funding covers medical care costs, such as pediatrics. It also covers dental, hearing, and vision services and other health condition treatment costs. Some medical conditions are more commonly covered than others.

Foster Care and Trauma

Children are often placed in foster care because they have been neglected, abandoned, or abused. Maltreatment of children hampers their ability to form healthy attachments with caregivers. It can delay emotional development.

Many foster children have experienced parental substance abuse, homelessness, or domestic violence. They often experience further trauma due to family separation. The stress and constant disruption of their home lives cause more trauma.

Trauma affects a child’s capacity to problem-solve. It also increases their vulnerability to stress and makes them resistant to change. Foster parents and caregivers should educate themselves about emotional and mental struggles. Some experts tell foster parents to respect a foster child’s distrust. They suggest building a relationship through predictability.

Some programs offer mental health services or mental health care for foster children. Meanwhile, others offer education services for both foster parents and adoptive parents.

Foster Care with Disabilities FAQ

The following contains information about some of the frequently asked questions related to foster care for children with disabilities:

Can adults with disabilities foster a child?

Yes. Adults with disabilities can become foster parents. Americans with Disabilities Act and Section 504 of the Rehabilitation Act protect the rights of people with disabilities in the child welfare system. These federal laws prohibit discrimination against parents and prospective parents with disabilities.

When evaluating the case, agencies should focus on the parent or prospective parent’s ability to meet the child’s needs. They should conduct an individualized assessment of each case rather than making assumptions about the parent’s disabilities.

Child welfare agencies should also provide reasonable accommodations to support parents with disabilities. The key consideration that the agencies look at is the individual’s ability to provide a safe, nurturing environment, independently or with reasonable support in place.

Can adults with disabilities stay in foster care?

Young adults with disabilities may qualify for extended foster care beyond the age of majority, typically until 21 years old, depending on the state. This extension aims to support young adults needing additional time to transition from foster care to independence.

Individuals who age out of the foster care system technically do not stay in "foster care." They may instead qualify for Adult Foster Care, a separate program from conventional foster care for children. The agency designs Adult Foster Care for adults with special needs who cannot live independently because of physical, emotional, or mental limitations.

Adult Foster Care homes are often small residential facilities. They may have staff that live on-site. Professionals train these staff to provide care for adults with special care needs. State agencies often design these foster homes to provide individuals with a homelike atmosphere while providing support services.

Adult Foster Care aims to care for individuals 18 years old and above who have special needs or intellectual disabilities. In some states, adult foster care services can also be given in one person’s home with friends or relatives services as their caregivers. The friend or family receives compensation from the government through stipends. The states that allow friends or relatives to act as caregivers include:

• Connecticut
• Indiana
• Louisiana
• Massachusetts
• Ohio
• Oregon
• Rhode Island
• Texas
• Washington

However, it is important to know that families who opt for this should follow strict local and state regulations.

Do foster parents of children with disabilities get paid?

Foster parents do not receive paychecks or salaries. Instead, they receive a monthly stipend. This stipend covers the foster parents’ expenses in caring for the foster child. This amount received is not considered income and is not taxable.

The payment structure may vary in every jurisdiction and depending on the needs of each child. For instance, the stipend for foster care children with special needs may be higher than the conventional monthly stipends as it may cover expenses for the following:

• Therapies or treatments
• Reimbursement for specialized training
• Adaptive equipment and home modifications

This financial assistance ensures that the stipend meets the unique needs of foster care children with special needs.

How are the healthcare needs of children with disabilities in foster care addressed?

Children with disabilities in foster care often receive comprehensive Medicaid coverage. The Medicaid coverage often includes the following:

• Regular medical and dental care
• Mental health services
• Specialized therapies and treatments
• Assistive technology and adaptive equipment
• Vision and hearing services

Child welfare agencies coordinate these services to ensure that children with special needs meet their treatment and care. For instance, in Texas, STAR and STAR Health deliver these programs, focusing on providing continued support even after the youth transition out of foster care.

Foster Children With Disabilities or Medical Issues: More Resources

The following sites provide further information about the health of children in foster care:

• The U.S. Department of Health & Human Services Child Welfare Information Gateway provides resources to entities serving children with physical disabilities and intellectual disabilities, including state and local sources.
• Children’s Rights is a national advocacy group working to reform child welfare systems. Through them, you can find studies about the prevalence of child abuse and neglect in foster care.
• The Youth Law Center protects the rights of children in foster care. They advocate for system reforms to improve the quality of care provided in the foster care system.
• AdvoKids advocates for the safety and security of foster care children. It also works on initiatives to provide permanent homes for such children. As a California-based children’s rights organization, it offers online legal resources and information about common mental health issues in foster care children.

Social services are available to help foster children with medical issues or disabilities. These children can receive the best possible care and support by working with birth parents, foster families, and other caregivers.

All stakeholders in the foster care system need to recognize the unique needs and risk factors these children face. They should prioritize their well-being and success.

Need Legal Help Caring for Foster Children With Disabilities? Contact an Attorney

Many young people in the foster care system have special needs. Different child welfare agencies exist to help these youth with disabilities. Do you have legal questions about a foster child with medical needs or disabilities? Consider contacting a family law attorney near you.