All children in foster care have the right to receive and make telephone calls and the right to have private calls (unless prohibited by court order). Caregivers cannot limit telephone calls to a foster youth’s siblings, social worker, CASA, or other foster youth advocates/supporter (without a court order). Foster care providers can restrict phone calls if they believe a child’s health and safety is at risk from making the phone call.
In addition to the rules above, your caregiver, or social worker may impose reasonable restrictions on your phone use, for example:
- Not allowing social calls after bedtime or until homework has been completed
- Limitations on the length/time of telephone calls to ensure that everyone in the home has equal access to the phone
Can my caregiver listen to my phone calls?
No. You have the right to make and get confidential (private) calls and to talk in a place where you have privacy and no one else is listening to your conversation. Your caregiver can only listen to your calls if there is a court order from the judge.
Can I have my own cell phone?
Yes. You have the right to own a cell phone unless the judge says you cannot. Your caregiver does NOT have to pay for your cell phone and can have reasonable rules for when you can or cannot use your cell phone.
Can my foster caregiver take away my cell phone?
Yes, within reasonable limits, your caregiver may temporarily take away your right to make or get some social phone calls (and access social media) as a consequence – as long as you have access to make and receive phone calls to your siblings, social worker, CASA, or other foster youth advocates/supporters. Your caregiver should give you clear information on what phone you are to use to make or receive calls to/from your siblings, social worker, CASA, or other foster youth advocates/supporters when without your cell phone.
Am I allowed to email, text, or use social media?
Yes. You have the right to privately use email, text messages, or other electronic communication unless the judge says you cannot. Your caregiver can temporarily take away this right within reasonable limits as an appropriate discipline or if there is a safety risk. Your caregiver also may put on “safeguards” around social media.