| Series: State Statutes |
| Author(s): Child Welfare Information Gateway |
| Year Published: 2010 |
Current Through July 2010
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
In order for States to receive Federal payments for foster care and adoption assistance, Federal law under title IV-E of the Social Security Act 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 Title IV-E further requires States to exercise due diligence to identify and provide notice to all grandparents and other adult relatives of the child (including any other adult relatives suggested by the parents), that the child has been or is being removed from the custody of his or her parents, explains the options the relative has to participate in the care and placement of the child, and describes the requirements to become a foster parent to the child.2
Approximately 41 States and Puerto Rico give preference or priority to relative placements in their statutes.3 In nine States, the statutes specifically require State agencies to make reasonable efforts to identify and locate a child's relative when out-of-home placement is needed.4 Approximately four 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.5 The remaining States use statutory language such as "may consider" placement with relatives.
Preference to Relatives
Each State defines "relative" differently, including relatives by 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, eight States allow members of the child's Tribe to be considered "extended family members" for placement purposes.6
In most States, the placing agency must do an assessment to determine that the relative is "fit and willing" to provide a suitable placement for the child, able to ensure the child's safety, and able to meet the child's needs. Three States require the relative to complete requirements for licensure as a foster parent.7 Illinois and Wisconsin require the relative to be licensed before he or she can receive foster care assistance payments. Approximately 21 States and the District of Columbia require relatives to undergo a criminal background check that may include all adult members of the household.8
Financial Support
Approximately 15 States and the District of Columbia have established kinship care or relative caregiver programs to provide relatives with benefits to help offset the cost of caring for a placed child.9 Statutes in 13 States address foster care payments and financial support for kin caregivers.10 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.
Adoption by Relatives
In approximately seven States, State agencies must give preference to relatives when making adoptive placements for children in their custody.11 However, in four States, if the child has been placed in foster care with a nonrelative and has been living with the same foster parent for significant period of time when he or she becomes available for adoption, the nonrelative foster parent may be given first preference to adopt.12
In approximately 31 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.13 In 12 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.14 Approximately 21 States require a criminal records check of the adopting relatives and other adult household members.15
To access the statutes for a specific State or territory, visit the State Statutes Search.
1 42 U.S.C. § 671(a)(19) (LexisNexis 2010). 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. back
2 42 U.S.C. § 671(a)(29) (LexisNexis 2010), as amended by the Fostering Connections to Success and Increasing Adoptions Act of 2008. back
3 The word approximately is used to stress the fact that States frequently amend their laws. This information is current only through July 2010. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin address preference for relative placements in their statutes. back
4 California, Illinois, Indiana, Iowa, Minnesota, Missouri, New Jersey, New York, and Oregon. back
5 South Dakota, Vermont, West Virginia, and Wyoming. back
6 Minnesota, Missouri, Nebraska, New Mexico, Oklahoma, Oregon, Utah, and Washington. back
7 Connecticut, Minnesota, and South Carolina. back
8 Alabama, Alaska, Arizona, California, Colorado, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, North Dakota, South Carolina, Tennessee, Texas, Utah, Washington, and Wisconsin. back
9 Alabama, Arizona, Connecticut, Delaware, Florida, Kentucky, Louisiana, Maryland, Mississippi, Nevada, Oklahoma, South Carolina, Tennessee, Texas, and Wisconsin. back
10 Alabama, Arizona, Connecticut, Florida, Illinois, Louisiana, Mississippi, Nevada, Oklahoma, Pennsylvania, South Carolina, Tennessee, and Wisconsin. back
11 Arkansas, California, Illinois, Minnesota, Nebraska, Ohio, and Wisconsin. back
12 California, Missouri, New York, and Tennessee. back
13 Alabama, Alaska, Arizona, Arkansas, California, Delaware, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, 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
14 Alabama, Alaska, California, Colorado, Delaware, Florida, Louisiana, Missouri, New Hampshire, New Mexico, North Dakota, and Virginia. back
15 Arkansas, California, Colorado, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Rhode Island, Texas, Utah, and Vermont. For more information on the requirements for criminal background checks for foster and adoptive parents, see Information Gateway's Criminal Background Checks for Prospective Foster and Adoptive Parents. back
2 42 U.S.C. § 671(a)(29) (LexisNexis 2010), as amended by the Fostering Connections to Success and Increasing Adoptions Act of 2008. back
3 The word approximately is used to stress the fact that States frequently amend their laws. This information is current only through July 2010. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin address preference for relative placements in their statutes. back
4 California, Illinois, Indiana, Iowa, Minnesota, Missouri, New Jersey, New York, and Oregon. back
5 South Dakota, Vermont, West Virginia, and Wyoming. back
6 Minnesota, Missouri, Nebraska, New Mexico, Oklahoma, Oregon, Utah, and Washington. back
7 Connecticut, Minnesota, and South Carolina. back
8 Alabama, Alaska, Arizona, California, Colorado, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, North Dakota, South Carolina, Tennessee, Texas, Utah, Washington, and Wisconsin. back
9 Alabama, Arizona, Connecticut, Delaware, Florida, Kentucky, Louisiana, Maryland, Mississippi, Nevada, Oklahoma, South Carolina, Tennessee, Texas, and Wisconsin. back
10 Alabama, Arizona, Connecticut, Florida, Illinois, Louisiana, Mississippi, Nevada, Oklahoma, Pennsylvania, South Carolina, Tennessee, and Wisconsin. back
11 Arkansas, California, Illinois, Minnesota, Nebraska, Ohio, and Wisconsin. back
12 California, Missouri, New York, and Tennessee. back
13 Alabama, Alaska, Arizona, Arkansas, California, Delaware, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, 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
14 Alabama, Alaska, California, Colorado, Delaware, Florida, Louisiana, Missouri, New Hampshire, New Mexico, North Dakota, and Virginia. back
15 Arkansas, California, Colorado, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Rhode Island, Texas, Utah, and Vermont. For more information on the requirements for criminal background checks for foster and adoptive parents, see Information Gateway's Criminal Background Checks for Prospective Foster and Adoptive Parents. 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.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
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