Do families have to meet a kinship definition to receive guardianship assistance? If yes, how is kinship defined?
Yes. Third degree of kin, licensed foster parent at least six months.
No, they do not.
Yes. "Relative" means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words ‘great, ‘great-great,’ or ‘grand’ or the spouse of any of those persons even if the marriage was terminated by death or dissolution. More details may be found in the California Welfare and Institution Code Division 9 Public Social Services 11391(c).
Yes. Colorado's definition allows for relatives, those who identify as family-like or have a prior relationship with child, including non-related foster parents that meet specific criteria
Yes and child is already placed in the family.
Yes. Families must meet the definition of relative or fictive kin. “Relative” means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent. "Fictive kin” means a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child.
Yes. For the IV-E guardianship assistance program only, the prospective legal guardian must meet Idaho's definition of "relative": "A person relative to a child by blood, marriage or adoption including a child's grandparent, great-grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling, and half-sibling."
Yes. Kin is defined as someone who is biologically related to the child(ren) who is under guardianship. Fictive kin is identified as someone who is close to the family and is similar to kin, such as godparents, "aunts & uncles", familiar neighbors or providers that the child feel safe with and has an attachment to.
Yes. Relative is defined in any of the following in relation to a child: a parent, a grandparent, a brother, a sister, a stepparent, a stepbrother, a stepsister, a first cousin, an uncle, an aunt, and any other individual with whom a child has an established relationship. Other Relative is defined as "an individual who is not related by blood, marriage or adoption may be considered a relative for purposes of placement and the Guardianship Assistance Program when the individual has an established and significant relationship with the child". Former long-term resource parents may be considered as relative placements in cases where the child is the victim of repeat maltreatment or returning to out-of-home care. Consideration should be given to the child’s report of the relationship and the potential for permanency. Placement with a suitable and willing relative related by blood, marriage, or adoption must be ruled out before considering any other out-of-home placement, with the first consideration being given to a suitable and willing noncustodial parent.
Yes. The proposed guardian must be a relative as defined in 441-201: “A person to whom a youth is related by blood, marriage, or adoption, or a person who has a significant, committed, positive relationship with the youth.” The proposed guardian must be a licensed foster parent.
For purposes of notification of custody and placement, the Department of Children and Families defines a relative as follows:
- A person who can trace a blood tie to a child; persons related by blood may include, but is not limited to, a parent, grandparent, sibling, great-grandparent, uncle or aunt, nephew or niece, great-great grandparent, great uncle or aunt, first cousin, great-great-great grandparent, great-great uncle or aunt, or similar relation. (termination of parental rights does not alter or eliminate the blood relationship to relatives)
- A person who is or was related to the child through marriage or previous marriage (terminated by death or divorce); this includes, but is not limited to, step-parents, step-grandparents, step-aunts, step-uncles or similar relation
- Legally adoptive parents and other relatives of adoptive parents as designated in groups (1) and (2)
- Grandparents of siblings and birth parents and grandparents of half-siblings
- Adoptive parents and grandparents of siblings or half-siblings
- A court-appointed guardian or permanent custodian of a sibling or half-sibling
Kentucky has a Fictive Kin Placement program to allow non-relatives to take custody of a child and receive benefits to help support the placement. Providers also have the option of taking the foster care path and receive a higher rate subsidy and more services with the understanding that if adoption is a permanency option, that will be their goal. Specific details may be found in the Chapter 4-Out of Home Care Services (OOHC) Section:4.5.5 Relative and Fictive Kin Placement Foster Care Payments of the Standards of Practice Online Manual .
Yes, guardian(s) with whom the child has an established familial relationship
Definition includes foster parents, relative and fictive kin
Kinship is defined as a relative or fictive kin.
Yes. Relative means an adult who is related by blood, marriage, adoption, godparent, or strong kinship bond to a child, who is in the care, custody, or guardianship of a local department and who has been designated by the local department as a temporary 24-hour caregiver of that child. Relative Guardian means a relative caregiver whom the court has designed as a guardian.
No but relative means a person(s) related by either blood, marriage or adoption (i.e., adult sibling, grandparent, aunt, uncle, first cousin) or a significant other adult to whom a child and/or the child’s parent(s) ascribe the role of family based on cultural and affectional ties or individual family values.
No definition required.
Yes. A person related to a child by blood, marriage or adoption; the legal parent, guardian, or custodian of a child’s siblings; or an individual who is an important friend with whom a child has resided or had significant contact. For an Indian child, a relative means a person who is a member of the Indian child’s family as defined in the Indian Child Welfare Act of 1978.
Any subsidies available to adoptive parents shall also be available to a qualified relative of a child or a qualified close nonrelated person who is granted legal guardianship of the child in the same manner as such subsidies are available for adoptive parents. "Close nonrelated person" means any nonrelated person whose life is so intermingled with the child that the relationship is similar to a family relationship; "relative" means any grandparent, aunt, uncle, adult sibling of the child or adult first cousin of the child, or any other person related to the child by blood or affinity.
A kinship guardian is:
- A member of the child’s extended family
- A member of the child’s or family’s tribe (documentation of tribal membership or affiliation)
- The child’s godparents
- The child’s stepparents
- A person to whom the child, child’s parents and family ascribe a family relationship and with whom the child has had a significant emotional tie that existed prior to the agency’s involvement with the child or family (also known as “fictive kin”)
- NOTE: Documentation demonstrating that the prospective guardian meets the “fictive kin” definition must be maintained in the child’s case file. Documentation may include but is not limited to the child’s and/or birth parent(s)’ statement ascribing a family relationship and significant emotional tie that existed prior to the agency’s involvement.
A non-kinship guardian is:
- A person to whom the child or child’s family did not have a significant emotional tie that existed prior to the agency’s involvement with the child or family. (i.e. foster parent)
- NOTE: A non-kinship guardian is not eligible for Title IV-E guardianship subsidy regardless of the child’s eligibility.
No. In Nebraska, guardians not related to the child are not eligible for an Aid to Dependent Children (ADC) payment for the child. Guardians who are related to the child (specified relatives) may be eligible for ADC relative payments.
Yes. A person who is willing to provide a suitable home for the child, able to ensure the child’s safety, able to meet the child’s needs, while providing a positive and nurturing relationship to the child on a permanent basis.
- Relative: A person related to the child through blood, adoption, marriage, or law or custom of an Indian Child’s Tribe
- Fictive Kin: A person who is not related by blood to a child but has a significant emotional and positive relationship with the child
- ICWA Considerations: For any child falling under the Indian Child Welfare Act requirements, proposed guardians may be extended family members, as defined by law or custom of the Indian Child’s Tribe or in the absence of such law or custom, shall be a person who has reached the age of eighteen (18) and who is the Indian Child’s grandparent, aunt or uncle, brother or sister, brother-in law or sister-in-law, niece or nephew. First or second cousin or step-parent also fall into this definition.
No. Kinship legal guardianship subsidy is available to kinship caregivers related to a child in placement through blood, marriage, civil union, domestic partnership, or adoption. Kinship caregivers may also be connected to the child by an established positive psychological or emotional relationship. All relatives and family friends caring for a child under Child Protection & Permanency supervision are required by the State of New Jersey to be a licensed resource parent.
Yes. "Prospective relative guardian" shall mean a person who has been caring for the child as a fully certified or approved foster parent for at least six consecutive months prior to applying for kinship guardianship assistance payments and who is:
- Related to the child by blood, marriage or adoption, and the relationship can be to any degree of affinity
- Related to a half sibling of the child by blood, marriage or adoption (to any degree of affinity) and is also seeking to become, or is, the guardian of such half sibling
- An adult with a positive relationship to the child that was established prior to the child’s current foster care placement including, but not limited to, a step-parent, godparent, neighbor or family friend
Yes. Traditional kin or someone who has a significant relationship with the child.
No definition required. The intent of the subsidized guardianship program is that a fit and willing relative or other adult with whom the child has already established a relationship, such as a foster parent, will become the guardian. In those cases, the establishment of the legal guardian/ward status formalizes and gives legal recognition to an existing personal relationship. However, a legal guardian/ward relationship may be established without any pre-existing personal relationship between the guardian and the ward.
Relatives' requirements for subsidized guardianship benefits are illustrated in detail in the Oklahoma Administrative Code .
Yes. Definitions may be found in the Oregon Department of Human Services Office of Child Welfare Programs policies.
Yes. Specific details may be found in the Services to Kinship Caregivers Resource Guide.
Information about qualifications for the Specified Relative Grant may be found in the Department of Children and Family Services A Guide for Caregivers.
Yes: a person related to the child by blood, marriage or adoption OR a person who has a relationship with a child that was established prior to division involvement
Yes. Prospective relative custodians (which also include fictive kin are eligible if they meet all of the following requirements. The prospective relative custodian(s) shall:
- Be related to the youth by blood, marriage, or adoption
- Have a strong commitment to permanently care for the youth
- Be an approved relative foster and adoptive parent for the youth for at least 6 consecutive months
- Be willing to obtain legal custody of the youth
Yes. Relative includes persons related to a child in the following ways:
- Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great
- Stepfather, stepmother, stepbrother, and stepsister
- A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law
- Spouses of any persons named above, even after the marriage is terminated
- Relatives, as named in this subsection, of any half sibling of the child
- Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four hour basis to an Indian child
In West Virginia, the Department has defined kinship/relatives for the purposes of the placement of children as “any person related to the child by blood or marriage including cousins and in-laws. This includes persons who the child considers a relative, such as a godparent or significant others whom the child claims as kin may also be considered as a placement resource”. Legal Guardianship is still permitted with non-kinship/relative but will not be IV-E reimbursable.
Yes. A guardian needs to be a relative or "like-kin" as described below:
- “Like-kin” is someone who had a significant relationship with the child before the child entered out-of-home care (examples; family friends, godparents, coaches, etc.)
- "Like-kin” is also when a foster parent and child meet all of the following:
- Had a relationship with the child for at least 2 years before the guardianship
- Child is 14 years old or older
- Child has been in foster care for 15 out of the last 22 months
- The agency determines that placement with a relative is not in the child’s best interest