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HHS SURVEY OF STATES ON THE PARTICIPATION OF FOSTER CHILDREN

IN CLINICAL DRUG TRIALS

States that specifically Foster children


State’s policy on enrolling do not allow foster currently
foster children in clinical children in clinical Policy on independent participating in
State trials trials advocates (IAs) clinical trials
Alabama Foster Care Policy on Not applicable. This is not addressed in None.
Medications would cover. Policy.
Alaska State has no policy. Not applicable. Not applicable Not applicable
Arizona It would require court order Not applicable. Guardian Ad Litem None at this time – not
for non-routine medical would serve as IA. a common practice
procedures and/or treatment currently or
historically.
Colorado State follows Federal NIH Not applicable. State follows Federal State didn’t answer
guidelines guidelines. question.
Florida Department of Health Not applicable. Have IAs for all None at this time.
Institutional Review Board research involving
policy would cover. wards, regardless of
risk level.
Georgia State has no policy on this. Not applicable Not applicable. State didn’t answer
On rare occasions that it has question.
occurred, State defers to
parents, medical experts,
Guardian Ad Litems and the
court for decision making.
Hawaii State does not allow children Hawaii does not allow. Not applicable Not applicable
in foster care to participate.

Illinois State has policy allowing Not applicable State follows Federal 31 children currently in
enrollment of children for regulations; requires various studies;
whom State has legal IA if more than however answer did
guardianship. minimal risk. not make clear how
States that specifically Foster children
State’s policy on enrolling do not allow foster currently
foster children in clinical children in clinical Policy on independent participating in
State trials trials advocates (IAs) clinical trials
many were foster
children.
Kansas State currently has no policy, Kansas will not allow Not applicable. Not applicable.
but are amending Policy and when change in Manual
Procedure Manual to is completed.
prohibit.
Kentucky State does not allow children Kentucky does not Not applicable. Not applicable.
in foster care to participate. allow.
Louisiana Yes, State allows. Not applicable. No IAs are required. None currently
participating.
Maryland 1992 policy allows foster Not applicable. No IAs are required. No answer from the
children to participate in State.
clinical trials.

Michigan All medical treatment Foster children are State has no policy on None currently
outside of routine treatment allowed to be enrolled IAs. participating.
must be approved by either in clinical trials with the
the parent for temporary permission of the
wards or the Michigan biological parent(s), or
Children’s Institute legal parents (e.g.,
Superintendent for State adoptive parent(s)), but
wards. not the foster parent.
Minnesota State does not have a specific Not applicable. No answer. None currently
policy about the enrollment participating.
of foster children in clinical
trials.
Missouri State has no specific policy, Not applicable. State did not answer None currently
but would consider it to fall this question. participating.
under general research
request policy (no known
request in the past 10 years).
States that specifically Foster children
State’s policy on enrolling do not allow foster currently
foster children in clinical children in clinical Policy on independent participating in
State trials trials advocates (IAs) clinical trials
Nevada State has no policy related to Not applicable. Not applicable. None currently
this. participating.
New Hampshire State has no policy related to Not applicable. Not applicable. None.
this.
New Jersey State has no policy related to Not applicable. Not applicable. State didn’t answer.
this.
New Mexico State has no policy related to Foster child wouldn’t be No requirement for IA; None currently
this. allowed unless there however, Guardian Ad participating.
was a specific reason Litem could fill that
related to the child’s role.
treatment needs.
New York State follows Federal NIH Not applicable. State didn’t answer. State didn’t answer.
guidelines.
North Carolina State has no specific policy Not applicable. State didn’t answer. State didn’t answer.
related to clinical trials. In
practice, participation in a
research protocol could fall
under policy for medical or
surgical care or treatment in
the child’s best interests.
North Dakota State has no policy related to Not applicable. Not Applicable. State didn’t answer.
this.

Ohio They are allowed. Ohio Not applicable. Not addressed in the State reported that this
Administrative Code section rule. information is not
5101:2-5-13, addresses the available.
issue.

Oklahoma Experimental medical Oklahoma does not Not applicable. Not applicable.
procedures are not allow.
authorized.
States that specifically Foster children
State’s policy on enrolling do not allow foster currently
foster children in clinical children in clinical Policy on independent participating in
State trials trials advocates (IAs) clinical trials
Pennsylvania State has no policy related to Not applicable. Not applicable. State reported that this
this information is
unknown.
Rhode Island State has a policy dating Not applicable. No requirement for IA. Did have clinical trials,
from 1990 related to the not sure about current
testing of an investigational numbers.
HIV drug.
South Carolina State has no policy related to Not applicable. Not applicable. Not applicable.
this.
South Dakota State does not allow children South Dakota does not Not applicable. Not applicable.
in foster care to participate. allow.
Tennessee State has policy regarding Juveniles are Not applicable. Not applicable.
research proposals for specifically prohibited.
children/youth/families.
Texas State has no general policy. Not applicable. None specific to No children currently
Foster children infected with clinical trials, but all in HIV clinical trials;
HIV may participate in foster children have one on a waiting list
clinical trial, with approval Guardian Ad for a trial for Hepatitis
of child’s attending Litems/Court C.
physician and Appointed Special
conservatorship unit’s Advocates.
program director.

Utah State has both Division and Not applicable. Guardian Ad Litem None currently
Department written policy. serves as IA with all participating.
Foster children are allowed research, regardless of
in only Phase I risk.
(investigational new drugs)
studies that do not involve
placebos.
Washington State allows with approval Not applicable. State follows Federal None currently
States that specifically Foster children
State’s policy on enrolling do not allow foster currently
foster children in clinical children in clinical Policy on independent participating in
State trials trials advocates (IAs) clinical trials
on a case-by-case basis, regulations; adds IA on participating.
under State Agency Policy case-by-case basis for
on Protection of Human less than minimal risk.
Subjects.

West Virginia State has no general policy. Not applicable. Not applicable. State did not answer
Any request for participation question.
in a clinical trial would be
made at the State level for
children whose parental
rights have been terminated.
Wisconsin State has no specific written Not applicable. State would require an None currently
policy. If personal physician advocate, except when participating.
made recommendation and personal physician
person with legal authority to made recommendation
consent agreed, foster and person with legal
children could participate, so authority to consent
long as children from general agreed.
population were also
included.

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