FACTSHEET FOR FAMILIES

December 2010

Kinship Caregivers and the Child System

A number of and other relatives What’s Inside: find themselves serving as for children • Different types of kinship care whose own parents are unable to care for them. • How the child welfare system Sometimes, the arrangement (referred to as becomes involved in kinship care “kinship care”) is an informal, private arrangement • What to expect from the between the parents and relative caregivers; child welfare system in other situations, the child welfare system is • Services involved. This factsheet is designed to help kinship caregivers—including grandparents, and • Involvement of the courts , and other relatives caring for children— • Permanent families for the children work effectively with the child welfare system. • Further resources

Child Welfare Information Gateway Children’s Bureau/ACYF U.S. Department of Health and Human Services 1250 Maryland Avenue, SW Administration for Children and Families Eighth Floor Washington, DC 20024 Administration on Children, Youth and Families 800.394.3366 Children’s Bureau Email: [email protected] www.childwelfare.gov Kinship Caregivers and the Child Welfare System www.childwelfare.gov

The child welfare system varies from State to State, but it generally includes public agencies such as departments of social Different Types services or family and children’s services. of Kinship Care These State agencies often work with private child welfare agencies to provide services for families and children. Caseworkers at Children may come to live with their these agencies are required by law to ensure grandparents or other relatives in a number the safety, well-being, and permanent of ways, and only some of these ways living arrangements of children. Their involve the child welfare system. Kinship responsibilities include investigating reports care arrangements fall roughly into three of and neglect and arranging for categories: (1) informal kinship care, (2) services for children and families. voluntary kinship care, and (3) formal kinship care. This factsheet addresses a number of topics relevant for kinship caregivers: (1) Informal kinship care refers to arrangements made by the parents and • Different types of kinship care, including other family members without any private, voluntary, and formal care involvement from either the child welfare • How and when the child welfare system system or the juvenile court system. becomes involved in kinship care A may leave children with a while he or she is sent overseas, • What kin caregivers might expect from or an may care for nephews whose the child welfare system parents are ill or otherwise unable to care • Services that may be available and how to for them. In this type of arrangement, the access them legal custody of the children remains with the parents, and the parents can legally • Involvement of the courts take back the children at any time. The kin • Permanent living arrangements for the caregivers in these circumstances may have children difficulty enrolling the children in school, obtaining health insurance, authorizing • Resources medical care, and obtaining some other benefits, because they do not have legal custody of the children. Generally, the only type of financial assistance available to kin caregivers in this type of arrangement is the child-only TANF benefit (see below under “Services”).

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welfare agency with no court involvement.1 This type of kinship care covers a wide Physical custody refers to where the variety of circumstances and varies greatly child lives. If your grandchildren or from State to State. Some situations that niece and nephew live with you, you might result in voluntary kinship care have physical custody of them. You may include: feed and clothe them, help them with • Child welfare workers find signs of their homework, and take care of them abuse or neglect by the parents, but the when they are sick. evidence is not serious enough to take the Legal custody refers to the legal right to children into State legal custody; instead, make decisions about the children, such the caseworkers, parents, and kin work as where they live. Parents have legal out a voluntary kinship care arrangement custody of their children unless they where the children move in with the kin. voluntarily give custody to someone • Under the guidance of child welfare else (e.g., the parent is sent overseas) or workers, parents voluntarily place their a court takes this right away and gives children with relatives while they (the it to someone else. For instance, a court parents) receive treatment for substance may give legal custody to a relative or abuse or mental illness. to a child welfare agency. Whoever has legal custody can enroll the children in Some jurisdictions will require the parents school, give permission for medical care, to sign a voluntary placement agreement and give other legal consents. with the child welfare agency when the children are placed with relatives. In many The same person does not necessarily situations, the kinship care arrangement have both physical and legal custody. comes about because the parents understand For instance, as a grandparent, you that if they refuse to voluntarily place the may have physical custody of your children with kin, the child welfare agency grandchildren because they live with will go to court and ask the judge to remove you, but their mother or father may still the children from the parents’ care and have legal custody or the State agency award legal custody to the State. may have legal custody. In voluntary kinship care, the children are in the physical custody of the relatives but (2) Voluntary kinship care refers to they may remain in the legal custody of situations in which the children live with the parents, or the parents may sign over relatives and the child welfare system is temporary legal custody to the kin. Some involved, but the State does not take legal States have consent forms that parents can custody. In some cases, children have been sign to allow kin caregivers to have some placed with relatives by a court, and in other 1 For a fuller discussion about this type of kinship care, cases an arrangement is made by the child see Ehrle, Geen, and Main’s (2003) “Kinship : Custody, Hardships, and Services” at www.urban.org/urlprint. cfm?ID=8649.

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temporary decision-making power regarding custody, and other differences. If American the children (for instance, to seek medical Indian or Alaska Native children are treatment or enroll the children in school). involved, the Federal Indian Child Welfare Act must be followed.2 (3) Formal kinship care refers to cases in which the children are placed in the The child welfare caseworker may be legal custody of the State by a judge, the person who initially approaches a and the child welfare system then places grandparent or other relative and asks that the children with grandparents or other person to take care of the children. In other kin. In these situations, the child welfare situations, the family may contact the child agency, acting on behalf of the State, has welfare system for help. Some examples legal custody and must answer to the of these two types of contact are discussed court, but the kin have physical custody. here. The child welfare agency, in collaboration with the family, makes the legal decisions The Child Welfare System Makes about the children, including deciding the Contact where they live. The child welfare agency • A report of child abuse or neglect is is also responsible for ensuring that the made. Child protective services screen children receive medical care and attend reports of child abuse and neglect, school. If the court has approved visitation according to State policies and practices. with parents, the child welfare system is If investigators believe that children responsible for making sure that the visits are in danger in their own home, they occur between parents and children. In may be removed. Since the passage of formal kinship care, the child’s relative the Fostering Connections to Success caregivers have rights and responsibilities and Increasing Act of 2008, similar to those of nonrelative foster agencies are required to exercise due parents. diligence in finding and notifying all grandparents and other adult relatives within 30 days after children are removed. Caseworkers often ask a relative How the Child Welfare to keep the children until the case goes System Becomes to court. If the case goes to court and the charges are proven, the court and the Involved in Kinship Care child welfare system may select relatives to care for the children until a parent can

safely care for them, or an alternative The involvement of the child welfare system placement may be made. in kinship care situations varies from State to State, since each State has its own laws 2 The Indian Child Welfare Act (ICWA), P.L. 95-608, states that and practices that govern these situations; Tribes have the right to be involved in the child welfare and it also varies from case to case, depending placement of tribal children. For more information, visit the on the children’s age, safety needs, the legal website of the National Resource Center for Tribes at www. nrc4tribes.org.

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• Parents are arrested. Police may arrest a situations, the kin caregiver may have parent or parents but be willing to leave planned to care for the children for a the children with a relative. The police long time without agency help, but an then notify the child welfare agency of unexpected circumstance forces the this temporary placement. Depending on caregiver to seek help from the child the State laws and practice, the agency welfare agency. For instance, the caregiver may leave the children with the relatives, may become ill, a child may suddenly take them into the State’s legal custody need special services, or the caregiver may and place them into nonrelative foster lose a job and no longer be in a position care, or take them into State custody but to financially support the children. The place them with the relatives. child welfare worker may be able to help arrange services for the kin caregiver • Parents die. In the event that both or arrange other placements for the parents die or the parent with custody children. dies, the child welfare system may be responsible for locating relatives with • Parents voluntarily give up custody whom the children can live. If no due to their own illness. Parents relatives can be located who are willing suffering from mental illness or from to take the children, they come into the a debilitating illness such as HIV/AIDS legal custody of the State and may be may contact the child welfare agency placed into nonrelative foster care. themselves and ask the agency to take their children into legal custody. In Parents or Other Family Members such situations, caseworkers may seek Make the Contact out relatives with whom the children can be placed (physical custody), rather • A parent leaves the children with than placing them with unrelated foster grandparents or other relatives and parents. Many States have standby does not return. This abandonment by guardianship laws to address the needs a parent, even if it is temporary, may of parents with debilitating or terminal prompt the kin caregivers to call child illness. For more information on these welfare services and ask for help. In these State laws, see Information Gateway’s situations, caseworkers may be able to Standby Guardianship: www.childwelfare. offer services or they may help the kin gov/systemwide/laws_policies/statutes/ to seek temporary legal custody through guardianship.cfm the court. However, if the parent remains missing and the kin cannot continue to • Parents no longer want a child or care for the children, the children may be children to live with them. In such taken into the State’s legal custody and situations, the parents may turn over placed in another home. custody to the child welfare agency. This is more common when the children are • Grandparents or other kin are no teenagers. Most child welfare agencies longer able to care for children under are reluctant to take custody in these an informal arrangement. In these situations. However, if they do, the child

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welfare workers may look for relatives • Offering services. Some States have with whom the children can live. services available for children and families in voluntary kinship care. For instance, these might include referrals What to Expect from the to therapy for the children. (More information on “Services” is provided Child Welfare System below.) • Changing the custody status. If the After the children are placed in their home, children’s parent is not meeting the kin caregivers may wonder what they can requirements set out in the service plan expect in their future dealings with the or if the children are placed in dangerous child welfare system. Much of the ongoing situations by the parent who has legal relationship with child welfare will depend custody, the caseworker may help the on whether the legal custody of the children kin caregiver to petition the court for remains with the parents or kin caregiver temporary legal custody of the children. (voluntary kinship care) or with the State Or, the caseworker may go to court and or child welfare agency (formal kinship petition to have the children placed in care). These two situations are addressed the legal custody of the State. separately below: In some voluntary kinship cases, there Voluntary kinship caregivers may expect may be very limited contact with the child a range of assistance from child welfare welfare agency. Once the caseworker has caseworkers. In States where this type of completed background checks on the kin, arrangement is accepted and promoted the caseworker may be satisfied that the by child welfare, kinship caregivers may children are in a safe environment and may find that caseworkers are involved in the not contact kin again. In such situations, following ways: kinship caregivers who need help or services may need to contact the caseworker or • Ensuring safety. Caseworkers may need locate community services themselves. to ensure that the kin caregivers and their homes meet minimal requirements for Formal kinship care includes much more the safety of the children. For instance, involvement with the child welfare system, most States require that child welfare because the State has legal custody of the workers check on whether anyone in children. All States have requirements that the household has a criminal record or a nonkin foster parents must meet before they previous record of child abuse or neglect. can care for children in their home through The primary concern of the caseworker is the foster care system. Also, kin caregivers for the safety of the children. are usually given some flexibility in the amount of time needed to meet the State’s • Visiting. In some States, the caseworker requirements, because the placement of the may make periodic visits to ensure children is often unexpected. that the children remain in a safe environment.

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Compared to voluntary kinship placement, well. To do this, part of the caseworker’s caregivers in formal kinship care will find job includes making telephone calls that they have more structured involvement and periodic visits to the home. The with the child welfare system, as well as caseworker may also provide referrals access to more services. Caregivers may for services, such as counseling. In most find that some of this structure is helpful in situations, the relative caregiver will be dealing with the children’s parents, schools, the person who takes the children to the or medical care arrangements; on the other doctor or health clinic and deals with any hand, caregivers have less freedom to make school situations. In some situations, the decisions on their own about the children. caseworker will have more responsibility The following are some of the ways that the for making arrangements for these child welfare system may be involved in services. The caseworker and family kinship foster care: members, including the kin caregivers, should work together to ensure that the • Ensuring safety or licensing standards. children’s needs are met. Caseworkers will check to see if the kinship caregiver or any other adult • Arranging parent-child visits. In most living in the home has a criminal record situations, the court will encourage the or a record of child abuse or neglect. parent or parents to visit their children. Caseworkers may be required by the The caseworker will work with the State to consider the size of the home, parents and kin caregivers to set up the the income of the caregiver, others schedule and make arrangements for who live in the home, and available the visits. In some cases, kin caregivers transportation. While the passage of the may be responsible for providing Fostering Connections Act in 2008 gave transportation for the children or for States the option to waive nonsafety supervising the visits in their own home. licensing standards on a case-by-case basis • Service planning. With input from the in order to place children with relatives, parent(s) and often from the children, most States require relative caregivers to other relatives, and other involved adults, complete all standard requirements for the child welfare agency will develop a licensure. Some States will waive some service plan (sometimes called a “case requirements if they do not affect the plan” or “permanency plan”). The service child’s health or safety. Kinship caregivers plan covers two major issues: may be required to enroll in foster parent training. Caregivers should ask whether 1. A permanency goal for each child. they are required to be licensed in order The permanency goal states where to care for the children, and whether that child will grow up. In most licensing will allow them to receive foster situations, the permanency goal care payments. for a child is to move back with a parent (sometimes called “family • Supervision/Support. The caseworker reunification”). Many States will support all the family members to require “concurrent planning,” ensure the children are safe and doing

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QUESTIONS FOR THE NEW KIN CAREGIVER TO ASK THE CHILD WELF ARE CASEWORKER ABOUT TAKING RESPONSIBILITY FOR THE CHILDREN:

• Who has legal custody of the children? • What rights and responsibilities does legal custody give in this State? Physical custody? • May I receive a copy of the signed voluntary placement agreement? (when applicable) • May I be involved in developing the service plan and receive a copy of the plan? • Will I or the children have to go to court? • Who is responsible for enrolling the children in school, obtaining health insurance, granting permission for medical care and obtaining it, signing school permission forms, etc.? • Will someone from child welfare services visit my home on a regular basis? • What are the requirements for me and my home if I want the children to live with me? • Are the requirements different if the children are with me just temporarily? • What services are available for me and for the children, and how do I apply? • Are there restrictions on the discipline I can use (such as spanking) with the children? • What subsidies or financial assistance is available? What do I need to do to apply? • Am I eligible to become a licensed foster parent and receive a foster care subsidy?

which means that the child welfare be achieved. For parents who have agency must create a primary plan abused alcohol or drugs, the service and a backup plan. Often, the plan will state that the parent must primary plan or goal will be to successfully complete substance return the child to a parent. If this abuse treatment. For parents who is not possible, the backup plan have abused or neglected their may be for the kin caregiver to children, the plan may include become the child’s adoptive parent parent training. There may also be or legal guardian. requirements for others involved with the children. 2. Actions that the parent and child welfare system need to take so Service plans should be reviewed at least that the children can be allowed to every 6 months to see if everyone is meeting return home to that parent or so their goals. Kinship foster caregivers should that another permanency goal can be involved in or consulted about the

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creation of the plan and should receive children under their care. Depending on a copies of the plan. number of factors, including the caregiver’s age, caregiver’s income, child’s income, child’s status, number of , Services and the legal status of the caregiving arrangement (i.e., voluntary or foster care), there may be financial support available. The child welfare agency is often involved Some of the programs include: in providing services to children and • The Temporary Assistance to Needy families or making referrals to other groups Families (TANF) program is designed that provide services. Services and referrals to provide financial assistance while are more likely to be available to children helping low-income families become self- in formal kinship care than to those in sufficient. Caregivers do not need to have voluntary kinship care. Early on in their legal custody in order to apply for TANF involvement with the child welfare system, benefits, but they do need to meet their kin caregivers should ask about available State’s TANF definition of a kin caregiver. services. Some of the different types are A caseworker can provide information or discussed below. refer a caregiver to the correct place to find information on eligibility for TANF, Therapy and Counseling how to apply for benefits, documents and Children who have experienced abuse other information needed, and whether or neglect should be assessed to see what to apply just for the children or for the services they may need. Such services may entire family. Even if a relative caregiver include therapy or counseling. If children or the caregiver’s family does not qualify are assessed and it is determined that they for TANF benefits, it is possible to apply require other special services, these may for and receive benefits for the relative be available through child welfare agency children being cared for in the home. referrals or through the schools. When In these situations, only the children’s the children are in the legal custody of income is considered for eligibility. If the the State, as in kinship foster care, it is the children have little or no income, it is responsibility of the child welfare agency to likely that they will be eligible to receive have the children assessed and to arrange TANF benefits, and these benefits will be for needed services, although kin caregivers available until their 18th birthday. may have to take the lead in arranging for • Food stamps are available to families these services. Kin caregivers should also with incomes below a certain level. In follow the progress of the children’s therapy this case, the entire household’s income is and counseling. considered, and the relative children can Financial Support be included in family size for determining benefit amount. A caregiver cannot apply Many grandparents and other relative for food stamps for the children only. caregivers struggle to provide for the Application for food stamps is generally

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made at the same office where TANF visits to the doctor, checkups, screenings, applications are made. prescriptions, and hospitalization. State CHIPs cover many of these costs for • Supplemental Security Income (SSI) children who are not eligible for Medicaid, may be available to children or caregivers although each State has different rules for who are disabled. This is also available to eligibility and coverage. In most cases, only anyone over age 65. Information about the child’s income is used to determine SSI benefits is available from the local eligibility for Medicaid or CHIP, not the Social Security office or online at income of the kin caregiver. The child www.socialsecurity.gov/ssi. welfare worker should be able to point the • Kinship guardianship or foster care caregiver to the appropriate agency to apply payments may be available to relative for health insurance coverage through these caregivers. The requirements for receiving programs. Every State permits grandparents these payments vary from State to or other kin caregivers to apply for Medicaid State. However, since the passage of or a CHIP on behalf of the children for the Fostering Connections Act in 2008, whom they are caring. Most States do not States have the option to use title IV-E require the caregiver to have legal custody funds for kinship guardianship payments in order for the children to be eligible. to support children and youth placed in guardianship arrangements with Respite Care 3 relatives. Relative caregivers who are Grandparents and other relative caregivers licensed foster parents taking care of seeking a break from full-time child care children placed with them by their local may find some relief in respite care. Respite child welfare agency or court also may care refers to programs that give caregivers a be eligible for such payments. These break by taking over care of the children for payments are generally higher than other short periods of time—either on a regular forms of reimbursement, such as TANF. schedule or when a caregiver needs to travel, (Subsidized guardianship is described go into the hospital, or otherwise be away below under “Permanent Families for for a few days. In some respite programs, the Children.”) a respite caregiver comes into the home to care for the children; in other cases, the Health Insurance children attend a camp or other program Many children being raised by relatives are away from the home. eligible for medical insurance through either Availability of respite care may be limited, Medicaid or the Children’s Health Insurance and such availability may depend on the Program (CHIP). Medicaid provides coverage needs of the caregiver and/or the child. for many health-care expenses for low- The child welfare agency should have more income children and adults, including information about the availability of such programs, and caregivers should ask about 3 States differ. To read the full text of the Federal Fostering these programs. Connections to Success and Increasing Adoptions Act, visit www.govtrack.us/congress/bill.xpd?bill=h110-6893.

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4. At the trial (also called the Involvement of “adjudicatory hearing”), the judge decides whether there is enough the Courts evidence to prove that child abuse, neglect, or abandonment actually happened. Kin caregivers who are part of the foster care system are likely to have some involvement 5. If the judge decides that the child with the court—in most States, this occurs or children should be removed in a family or juvenile court.4 In cases in from the parents, even temporarily, which the children have been removed a dispositional hearing may also from their parents because a parent has take place at this time. At this been accused of child abuse, neglect, or hearing, the judge determines abandonment, the following steps may where the children will live for the happen: time being and who will have legal custody of them. For instance, the 1. Child protective services children may be taken into the investigators follow up on the custody of the State child welfare report of child abuse, neglect, or agency (legal custody) and then abandonment. placed with kin (physical custody) 2. If the investigators find enough in kinship foster care. evidence, they may decide to 6. At least every 6 months after that, remove the children from their there will be review hearings home for their own safety. The before the judge to determine how children may be placed with kin, the parents are progressing with who then have physical custody. their service plan (for treatment, 3. There is a preliminary hearing parenting classes, or other (sometimes called an emergency requirements), how the children removal or a shelter care hearing) are doing in the home of their kin before a judge. The investigator caregiver, and whether the service from the child welfare agency plan or goals for the children presents evidence for the legal should be revised. finding of abuse or neglect, and 7. In addition to the review hearings, the court determines whether to a permanency hearing is held temporarily allow the children to 12 to 14 months after a child be placed elsewhere, such as with is removed from the home and the kin caregiver, until the trial. every 12 months after that. At this hearing, the judge makes decisions

4 A full description of how the court process works in child about where the child will live welfare cases can be found in “The Court Experience” in Section permanently. The permanency 5 of McCarthy et al.’s A Family’s Guide to the Child Welfare hearing in court may involve a System at http://gucchd.georgetown.edu/72140.html.

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number of individuals with an Whenever possible, grandparents or interest in the child, including other relative caregivers should make parents, caseworkers, relatives, and arrangements to attend court hearings; foster care providers. Many of these they may even be asked to testify at them. parties will have lawyers, and at It is important for kin caregivers to give least one person will be appointed their view of the situation and to get a full to represent the best interests of understanding of the court’s decisions. It is the child. This representative may also important for the caregiver to be there be a lawyer, a guardian ad litem to support the children if they appear before (usually a lawyer), or a community the judge. volunteer called a Court-Appointed Special Advocate (CASA). The child QUESTIONS TO ASK THE may have one or more of these CHILD WELFARE CASEWORKER representatives, depending on the ABOUT COURT HEARINGS: State’s practice. • When and where is the hearing? 8. Another type of hearing that may or may not occur is a termination • Is this a permanency hearing or a of parental rights hearing. Under review hearing? the Federal and Safe • What will be decided at the hearing? Families Act (ASFA), there is a specific timeframe for parents to • Who will be present? meet the goals in their service plan • Who will have a lawyer? in order for their children to move back home with them. If parents • Do I need a lawyer? If so, who can help are unable to do this and children me find one? spend 15 out of 22 months in • Who will represent the child or foster care, the child welfare agency children? May I speak to that person? is required to seek termination of parental rights or to document • May I speak at the hearing? their reasons for requesting a time • What is the schedule of future extension. When parents’ rights are hearings? terminated in court, the parents no longer have any legal relationship to the child, and the child is free to be adopted by someone else. Permanent Families However, if the child is living with a relative and the State has for the Children decided that this is an acceptable permanency plan, then the agency does not need to ask the court to “Permanency” is a term used by child terminate the parents’ rights. welfare workers to mean a permanent

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family or family relationship for a most circumstances there is no further child. A “permanency plan” is a plan involvement by the child welfare agency. for determining where a child will grow In guardianship arrangements, the parents’ up. Some of the options that might be parental rights are not terminated. Thus, the considered by the court for permanency grandparent or other relative who becomes include reunification, guardianship, and a child’s guardian has legal and physical adoption. custody to act as the child’s parent and make decisions about the child, but the Reunification birth parent often retains some visitation Returning the children home and reuniting or other rights. Guardianship is especially them with a parent or parents is the first appropriate if the children are older and choice of child welfare agencies when this want to maintain some ties with their option will ensure the safety and well-being parents, or if the grandparent or other of the children and provide a permanent relative caregiver prefers not to have the family for them. Reunification of the family parents’ rights terminated (as in adoption) can occur when the judge agrees that the but needs to establish a permanent legal parents have met the goals set out in their arrangement with the children in order to service plan, for instance, completion of be able to make education, health-care, and substance abuse treatment. Each State has other decisions for the child. different laws, and it is the judge in a review Some States have subsidized guardianship hearing or permanency hearing who makes programs so that the guardian continues to the decision to give custody of the children receive a payment similar to the payment he back to the parent. The judge bases this or she received as a foster parent. This allows decision on evidence from the parent, the the children to have a permanent family child welfare worker and agency, other relationship without causing the guardian adults who may be involved, and often, the to lose necessary monthly subsidies. The children and the kin caregiver. Fostering Connections Act of 2008 gave States the option to use Federal title IV-E Guardianship funds for kinship guardianship assistance. Guardianship is a legal option for In subsidized guardianship, there is some permanency, and it may be especially ongoing involvement of the child welfare appropriate in kinship care. Federal law agency, although it is significantly less than encourages States to consider a relative in foster care. For instance, the child welfare rather than an unrelated person when worker may visit once a year to make sure seeking a guardian for a child who cannot that the child is still living with the relative return home. and to determine if services are still needed. When a grandparent or other relative Adoption becomes the child’s legal guardian, legal custody is transferred from the State Some kin caregivers choose to adopt their to the relative by a court; therefore, in grandchildren, nieces and nephews, or other relative children in order to give them a

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permanent home. Also, since adoption is QUESTIONS TO ASK THE often the agency’s preferred permanency CHILD WELFARE CASEWORKER plan for children not returning home, REGARDING LONG-TERM relatives may adopt in order to keep from ARRANGEMENTS: losing the children to nonkin families who are willing to adopt them. Adoption • What is the current permanency goal assistance (subsidies) may be available to kin for each child? (Siblings may not have families who adopt. the same goal.) As with foster care and guardianship, the • What are options for the children child welfare agency will have to ensure that if they can never return to their the home and prospective adoptive parents parents? meet certain State standards for the safety and well-being of the children. Standards • What are my options if the children for adoption may be more stringent than cannot return to their parents? those for foster care in some States. These • Under what circumstances can I requirements and standards will apply receive a subsidy to help pay for the even for kin who have been caring for the children’s care? children under a foster care arrangement. • Will the legal arrangement be affected Children can be adopted only after the when the children turn 18? court has terminated all the legal rights of the parents or the parents have voluntarily • How will the child welfare agency surrendered all of their rights permanently. continue to be involved with my A court must finalize the adoption. family? Depending on their age and the State law, courts will often ask the children if they agree to the adoption. For children with special needs who have been in foster care, Conclusion there may be ongoing adoption assistance (subsidies) available to kin who adopt. Dealing with the child welfare agency Once the adoption is finalized, the can be confusing and, sometimes, even grandparent or other relative becomes frustrating for grandparents and other the legal parent of the child; there is relatives who are trying to provide the best generally no further involvement by the care they can for children whose parents child welfare agency after that finalization, cannot care for them. It may be helpful to except in circumstances involving adoption keep in mind that child welfare caseworkers assistance. (For more information on are following Federal and State requirements adoption assistance, see Child Welfare to ensure the safety and well-being of all Information Gateway’s Adoption Assistance children. Using the information in this for Children Adopted From Foster Care at www. factsheet may help kin caregivers work with childwelfare.gov/pubs/f_subsid.cfm.) the child welfare system to provide the best

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outcomes, including a permanent family, for • Through the Eyes of a Child—Grandparents their relative children. Raising Grandchildren series (University of Wisconsin extension)—www.uwex.edu/ relationships Resources • Grandparents Raising Grandchildren (Full Circle of Care)—www.fullcirclecare.org/ grandparents/welcome.html For information on the child welfare system • How the Child Welfare System Works (Child Welfare Information Gateway) www.childwelfare.gov/pubs/factsheets/ cpswork.cfm HOW THE CHILDREN’S BUREAU • A Family’s Guide to the Child Welfare SUPPORTS KINSHIP CARE System (National Technical Assistance Center for Children’s Mental Health at There may be a new kinship navigator Georgetown University Center for Child program in your area. With the and Human Development, Technical passage of the Fostering Connections Assistance Partnership for Child and Act in 2008, the Federal Government Family Mental Health at American funded 24 Family Connection Grants, Institutes for Research, Federation of administered by the Children’s Bureau Families for Children’s Mental Health, in the U.S. Department of Health and Child Welfare League of America, and Human Services. Six of these grants are the National Indian Child Welfare for kinship navigator programs, and Association) http://gucchd.georgetown. seven more are combination project edu/72140.html grants that also include a kinship navigator program. To learn if there is For information on kinship care a new kinship navigator program in • State Factsheets on Kinship Care (Child your area, visit the Family Connections Welfare League of America)—www.cwla. Grants webpage: www.hunter.cuny.edu/ org/programs/kinship/statefactsheets.htm socwork/nrcfcpp/grantees.html • Generations United—www.gu.org • Grandfamilies State Law and Policy Resource Center—www.grandfamilies.org • Grandparents Raising Grandchildren factsheet series (University of Georgia College of Family and Consumer Sciences)—www.fcs.uga.edu/ext/pubs/ ecd.php?category=Grandparents%20 Raising%20Grandchildren

This material may be freely reproduced and distributed. However, when doing so, please credit Child 15 Welfare Information Gateway. Available online at www.childwelfare.gov/pubs/f_kinshi.