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Kinship Care Is Better for Children and Families

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Kinship Care Is Better for Children and Families clpABA Child Law Practice Vol. 36 No. 4 July/August 2017 CLP Online: www.childlawpractice.org SPECIAL FOCUS: KINSHIP CARE Kinship Care is Better for Children and Families What’s Inside: by Heidi Redlich Epstein 79 CASE LAW UPDATE he idea of family members assist- Both child welfare law and policy Ting and supporting each other is prioritize placing children with grand- 83 SYSTEM REFORM not new. This is a traditional practice parents, relatives, or close family Creating a Kin-First Culture in most cultures. The foster care sys- friends, known as kinship care. Pursu- in Child Welfare tem is starting to incorporate kinship ant to 42 U.S.C. 671, states must “con- care as a permanency option for chil- sider giving preference to an adult rel- 88 IN PRACTICE dren. Efforts are underway to remove ative over a nonrelated caregiver when Recruiting and Supporting barriers to kinship placements, includ- determining placement for a child, Kinship Foster Families ing removing bureaucratic processes provided that the relative caregiver and streamlining legal proceedings to meets all relevant state child protection 90 IN LITIGATION allow relatives to safely care for chil- standards.” Most state laws and poli- Sixth Circuit Case Opens dren and maintain important family cies also support a priority for place- Door to Equal Pay and Support connections. Efforts are also beginning ment with a relative. Additionally, the for Relative Caregivers to examine foster care licensing re- federal Fostering Connections Act to 92 LAW & POLICY UPDATE quirements, supports, and services for Success and Increasing Adoptions Act Promising Practices When kin, and approaches to complex family of 2008 acknowledges the important Working with Immigrant dynamics that affect kin and their abil- role relatives play in the life of a child Kinship Caregivers ity to care for children. and encourages states to connect foster children with their relatives. 96 PRACTICE TOOLS Kinship Care Overview New Resources and A total of 7.8 million children live Benefits of Kinship Care Developments for Kinship with a relative who is the head of the Research shows that living with rela- Advocates household.1 More than 2.5 million tives is better for children and benefits of these children are raised by kin them in several ways. 98 JUDGE’S CORNER Supporting Relative without a birth parent in the home.2 However, only roughly 120,000 (about Minimizes trauma. Placement with Caregivers in Los Angeles— 5%) of these children are living with kin caregivers when children can- An Interview with Judge Michael Nash, Ret. kin who are foster parents.3 States are not live safely with their parents can realizing the value of kinship caregiv- minimize the trauma of removal. When ers, as the number of children enter- children are removed they often lose 100 TRENDS & TIPS ing care increases and the number everything they know—their parents, Grandparents Raising the of licensed nonrelated foster homes their home, their siblings, friends, Children of the Opioid decreases as evidenced by the increase school, pets, etc. Placing a child with Epidemic in the percentage of children in foster family diminishes this loss. Addition- care with kin from 24% in 2008 to ally, relatives often are willing to take 29% in 2014.4 The current system is large sibling groups, live in the same poised but not yet designed to take the neighborhood therefore allowing for unique challenges of placing children continuity of school and community, with kin into account. (Cont’d on p. 77) Vol. 36 No. 4 ecuring CLP Online—www.childlawpractice.org 77 (Cont’d from front page) caregivers to become legal guardians Follow CLP: and provide the comfort of living with of children with much-needed finan- someone the child knows and shares a cial assistance and without the need to twitter.com/ABACLP facebook.com/abaclp relationship with. remain in the foster care system. Improves children’s well-being. Re- Improves behavioral and mental ABA Child Law PRACTICE search confirms that compared to chil- health outcomes. Children in kin- http://www.childlawpractice.org dren in nonrelative care, children in ship homes have better behavioral and ABA Child Law Practice (CLP) kinship homes fare better, as measured mental health outcomes. One study provides lawyers, judges and other pro- by several child well-being factors.5 showed children in kinship care had fessionals current information to en- Children in the care of relatives expe- fewer behavioral problems three years hance their knowledge and skills, and rience increased stability, with fewer after placement than children placed improve the decisions they make on placement changes, decreased likeli- into traditional foster care. This study behalf of children and families. Topics hood of disruption and not as many also found children who moved to include: abuse and neglect, adoption, foster care, termination of parental school changes. Relatives are more kinship care after a significant time in rights, juvenile justice, and tort ac- foster care were more likely to have tions involving children and families. behavioral problems than children in Children in the care of relatives kinship care from the outset. The long- CLP is published monthly by the ABA term effects of these relationships was Center on Children and the Law, experience increased stability, also studied and the formation of a 1050 Connecticut Ave., NW, Suite 400, with fewer placement changes, Washington, DC 20036. close relationship with an adult, such decreased likelihood of disrup- as a kinship caregiver, was found to Director: Prudence Beidler Carr tion and not as many school predict more positive mental health as CLP Staff: changes. an adult. Editor & Designer: Promotes sibling ties. One important Claire Chiamulera, 202/662-1724 likely than nonrelatives to support the benefit of kinship care is the increased [email protected] child through difficult times and less likelihood of living with or staying Case Law Summaries: likely to request removal of problem- connected to siblings. Data from the Eva Klain, Emily Peeler, Dana Leader, atic children to whom they are related. Illinois Survey of Child and Adoles- Aisha Prudent, Stacy Ham The children themselves generally cent Well-Being (ISCAW), a statewide Subscriptions: express more positive feelings about study of well-being and service deliv- • $109 individual rate their placements and are less likely to ery for children involved in substanti- • $185 institutional, agency, library, ated child maltreatment investigations, and law firm subscribers run away. Subscribe online: www.childlawpractice.org showed that in 2013, 80% of children Send check or money order, made payable to the: Increases permanency for children. with one or two siblings in care were American Bar Association, 1050 Connecticut Kin caregivers also provide higher placed together as compared to 66.9% Ave., NW, Washington, DC 20036 levels of permanency and children for children placed in traditional fos- Subscription Inquiries & experience less reentry into foster care ter homes. For children with three or Address Changes: when living with kin. Relatives are more siblings in care the disparity is Call: Claire Chiamulera, 202/662-1724 more likely to provide a permanent even greater with 53.5% of siblings E-mail: [email protected] home through guardianship, custody placed together in kinship homes and or adoption. Currently about 32% of only 1.8% placed together in tradi- Copyright © 2017 American Bar children adopted from foster care are tional foster homes.6 Association, ISSN 2161-0649 adopted by relatives. Another 9% exit The views expressed herein have not been foster care to some form of guardian- Provides a bridge for older youth. approved by the House of Delegates or the Board ship with kin. Under the Fostering The connection to family or another of Governors of the American Bar Association, Connections Act, 33 states, the District supportive adult is critical for older and accordingly, should not be construed as representing the policy of the American Bar of Columbia, and six tribes have taken youth. Research shows it is key for Association. the option to operate federally funded youth to have permanent, emotionally Guardianship Assistance Programs sustaining and committed relation- designed for children and youth who ships to reach self-sufficiency and to have been in foster care with a relative reduce the risk of negative outcomes for at least six months. This subsidized such as homelessness and criminal permanency option allows existing kin involvement. A key recommendation (Cont’d on p. 82) 78 CLP Online —www.childlawpractice.org Vol. 36 No. 4 CASE LAW UPDATE School District Must Allow Transgender Student to Use Bathroom of Identified Gender Whitaker v. Kenosha Unified School District, 2017 WL 2331751 (7th Cir.). The Seventh Circuit confirmed a lower that in order to use the boys’ restroom In that case, the Supreme Court found an court’s preliminary injunction after his gender in the school’s official records employer had violated Title VII after dis- concluding a transgender student needed to be changed by providing un- criminating against a female employee who had been denied use of the boys’ specified legal or medical documenta- for being too masculine. The Court restroom was likely to suffer irrepa- tion. Ash submitted two letters from doc- interpreted Title VII broadly to mean rable harm without the preliminary tors documenting his gender dysphoria. Congress “intended to strike at the entire injunction and was likely to succeed The school then required Ash to have spectrum of disparate treatment of men on a Title IX sex discrimination claim proof of surgical transition, which is pro- and women resulting from sex stereo- and an equal protection violation. hibited for someone under 18 years old. types.” The Seventh Circuit extended this The court determined the student The school district never provided Ash logic to school districts and said a policy would likely succeed on the Title IX with written details about the bathroom requiring someone to use a bathroom sex discrimination claim based on a policy.
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