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Placement of Children with Relatives

January 01, 2004

What You Need to Know

In order for States to receive Federal payments for foster care and adoption assistance, Federal law requires that they "consider giving preference to an adult relative over a non-related caregiver when determining placement for a child, provided that the relative caregiver meets all relevant State child protection standards."¹ (Placement refers to the placing of a child in the home of an individual other than a parent or guardian or in a facility other than a youth services center.) Approximately² 14 States use the word "preference" in their statutes. Approximately six States, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands make no reference to placement with relatives pending permanent placement of a child removed from his or her parents' home. The remaining States use statutory language such as "may consider" or "give priority to" placement with relatives.

Preference to Relatives

Each State defines "relative" differently, including relatives through blood, marriage, or adoption ranging from the 1^st to the 5^th degree. Generally, preference is given to the child's grandparents, followed by aunts, uncles, and adult siblings. For Indian children, some States (for example, Minnesota, Nebraska, and Utah), allow members of the child's Tribe to be considered "extended family members" for placement purposes.

The main requirements for placement are that the relative be "fit and willing," able to ensure the child's safety, and able to meet the child's needs. Several States require relatives to undergo a criminal background check that may include all adult members of the household.

Relatives with whom a child is placed for foster care are given preference for permanent placement if reunification with the birth parents is determined not to be in the child's best interest.

Financial Support

Several States (Alabama, Arkansas, Delaware, Florida, Kentucky, Louisiana, Nevada, South Carolina, Tennessee, Wisconsin, and the District of Columbia) have established "kinship care" or "relative caregiver" programs by statute to provide relatives with benefits to help offset the cost of caring for a placed child. Typically, if a relative qualifies for kinship foster care, he or she may receive payments at the full foster care rate and any other benefits available to foster parents, whether in money or services.