A growing number of states have recognized the importance of hearing the youth’s preferences when making decisions about sibling placements or, at minimum, to explain to youth why he/she is not placed with his/her siblings.

Iowa law instructs the Department of Human Services, when siblings are not placed together, to provide the siblings with the reasons why and the efforts being made to facilitate joint placement or why making efforts for joint placement are not appropriate.

Maine’s Youth Leadership Advisory Team (YLAT), in its Position Paper: Siblings in Foster Care and Adoption, states that “youth should have an opportunity to voice their views about placements and have their views included in the final placement decision.”  YLAT states that “when placing youth in foster care, the placement plan should be to place sibling together unless there is a danger of specific harm to a youth or it is not in a child’s or youth’s best interest to be placed together.”

New York State developed a guide for young people in foster care as part of its “Need to Know Series” entitled Sibling Placement and Visitation. This guide was developed by the New York State Foster Care Youth Leadership Advisory Team. It provides young people in care with information on efforts to keep brothers and sisters together and “visitation basics” when siblings are not placed together. 

The Youth In Progress website also offers a video exploring the first-hand experiences of youth in care with siblings, entitled “A Guide for Maintaining Sibling Connections,” which can be found on their homepage in the side bar under Our Videos.

Virginia’s Child and Family Services Manual  states that in making placement decisions, including decisions about placing siblings together, the social worker shall “consult with the child if the child is age 12 or older or obtain input from the child if the child is under age 12 and capable of communicating his wishes.”

Some states have put into place official statements regarding the rights of siblings in foster care:

New Connecticut legislation requires that the Commissioner of Children and Families meet with the members of each branch of the Youth Advisory Board to gather recommendations for and  draft a "Sibling Bill of Rights", which may include, but is not limited to, ways to protect the relationships of siblings separated as a result of  the Department’s intervention and an affirmation by the Department of its commitment to preserve the relationships between siblings who have been separated from each other while under department care. On or before October 1, 2013, the Commissioner and Youth Advisory Board must submit the Sibling Bill of Rights to the select committee of the General Assembly with responsibilities relating to children for consideration of possible legislative action.

The Maine Youth in Care Bill of Rights includes a youth’s right to have lifelong family connections, including siblings and grandparents and extended family, and the right to visits, ongoing contact with and/or knowledge of their siblings, as well as parents, extended family, friends, and pets.

The Vermont Sibling Bill or Rights states that every child in foster care, among other rights, has the right to be placed with siblings, be in close proximity to siblings if unable to be in the same setting to facilitate frequent and meaningful contact, and to maintain consistent and regular contact that will be included in service planning.