Federal law requires that they "consider giving prefer ence to an adult relative over a non related caregiver when determining placement of a Child

Current Through January 2008

You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.

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 nonrelated 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.) Approximately 36 States and Puerto Rico give preference or priority to relative placements in their statutes.2 Approximately six States, Guam, the Northern Mariana Islands, and the Virgin Islands do not address the issue of the placement of children for foster care with relatives in their statutes.3 The remaining States use statutory language such as "may consider" placement with relatives. (In NH, relative placement is not an option because they don't follow the law.)

Preference to Relatives

Each State defines "relative" differently, including relatives through blood, marriage, or adoption ranging from the first to the fifth degree. Generally, preference is given to the child's grandparents, followed by aunts, uncles, adult siblings, and cousins. For Indian children, six States allow members of the child’s Tribe to be considered "extended family members" for placement purposes.4

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. Approximately 23 States and the District of Columbia require relatives to undergo a criminal background check that may include all adult members of the household.5


Financial Support

Approximately 14 States 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.6 Nine States address foster care payments for kin caregivers in statute.7 In these States, if a relative meets the qualifications for being a foster parent, 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.

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Adoption by Relatives

Approximately seven States also give preference to relatives when making adoptive placements.8 However, in Tennessee, if the child has been placed in foster care with a nonrelative and has been living with the same foster parent for 12 months or longer when he or she becomes available for adoption, the nonrelative foster parent is given first preference to adopt.

In approximately 29 States, when a parent makes a direct placement of the child with a relative, the laws provide for a streamlined adoption process, such as not requiring a preplacement assessment or home study unless specifically ordered by the court.9 In 11 States, the child must have resided with the relative for a period of time or have established a significant relationship with the relative in some other way.10 Approximately 21 States require a criminal records check of the adoptive parents and other adult household members.11

To see how your State addresses this issue, visit the State Statutes Search.

To find information on all of the States and territories, view the complete printable PDF, Placement of Children With Relatives: Summary of State Laws (PDF - 301 KB).

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1 42 U.S.C. 671(a)(19). back
2 The word approximately is used to stress the fact that States frequently amend their laws; this information is current only through January 2008. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, and Washington address preference for relative placements in their statutes. back
3 Hawaii, Idaho, South Dakota, Vermont, West Virginia, and Wyoming. back
4 Minnesota, Nebraska, New Mexico, Oregon, Utah, and Washington. back
5 Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, North Dakota, South Carolina, Tennessee, Texas, Utah, Washington, and Wisconsin. back
6 Alabama, Arizona, Arkansas, Connecticut, Delaware, Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Tennessee, Texas, and Wisconsin. back
7 Alabama, Arizona, Arkansas, Connecticut, Illinois, Louisiana, Pennsylvania, South Carolina, and Tennessee. back
8 Arkansas, California, Illinois, Minnesota, Nebraska (for Indian children), Ohio, and Wisconsin. back
9 Alabama, Alaska, Arizona, Arkansas, California, Delaware, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, and Wisconsin. back
10 Alabama, Alaska, California, Colorado, Delaware, Florida, Louisiana, New Hampshire, New Mexico, North Dakota, and Virginia. back
11 Arkansas, California, Colorado, Illinois, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Rhode Island, Texas, Utah, and Vermont. back

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.


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This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.

http://www.childwelfare.gov/systemwide/laws_policies/statutes/placement.cfm