US Kinship Care Resources in United States

US Kinship Care Resources

MEDICAL CONSENT AND SCHOOL ENROLLMENT

Thirty two states (AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IN, KS, LA, MD, MS, MO, MT, NV, NM, NY, NC, ND, OH, OK, PA, SC, SD, TX, UT, VA, WA and WY) and the District of Columbia have enacted legislation to enable grandparent and other relative caregivers to access medical care and treatment for children. Additionally, twenty six states (AL, AK, AZ, CA, CO, FL, HI, ID, IL, IN, KY, ME, MI, MN, MO, MT, NE, NJ, NM, NY, ND, OH, OR, TN, UT and WA) grant a parent or guardian of a minor or incapacitated person, by a properly executed Power of attorney, to delegate to another person for a specific time period, any of that parent’s or guardian’s powers regarding care (some states specify health care), custody or property of the minor child or ward, with exceptions.

Thirty states (CA, CT, DE, HI, IN, IA, LA, MD, MI, MO, MT, NE, NJ, NM, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI and WY) allow caregivers to enroll children in schools. Twenty two states grant guardians or parents through a Power of Attorney to delegate to another person powers regarding care or custody of a child (note that a number of states specify education and not health care powers). Both medical consent and school enrollment laws may require caregiver affidavit forms, offer immunity for providers and penalties for false statements. The laws generally are for a limited, defined time period and allow parents to rescind their consent at any time. Recently, Hawaii (2005, 2004) and New York (2004) passed laws to allow informal caregivers to consent to a child’s medical treatment, school enrollment or participation in extra-curricular activities.

RELATIVE PLACEMENT

In 2006, Alaska, Arizona, California, Florida, Illinois, New York, and Wisconsin worked on issues related to promoting placement of children with relatives. Alaska gave adult family members priority for consideration as a child’s guardian. Arizona specified least restrictive placement preferences for non-Indian children who are removed from home. The legislation also required court reports, when placement with a grandparent or another extended family member is not proposed, to include information to help court determine if such placement is in the child’s best interest. Connecticut required grandparents be notified whenever a child is removed from home. Florida required courts to inquire about relatives. Illinois required the department to use best or reasonable efforts to identity and locate a relative for placement. Wisconsin required the child welfare agency to consider the availability of placement for adoption with a relative of the child. In 2005, Arizona required the kinship foster care program to promote relative placement and that kinship foster care families be notified of available financial and non-financial services. Colorado required a parental affidavit that lists all relatives for potential placement. Maryland required the courts to give priority to a child’s relative. Montana required a departmental investigation to determine whether custody should be awarded to a relative; a written explanation is required if custody is denied. New Jersey required the department to inform kinship legal guardians of their legal responsibilities and eligibility for services and financial assistance. New York required that relatives be informed of all proceedings regarding a child in need of placement and of the opportunity to become a foster parent. The legislation also required an immediate investigation to locate all suitable relatives when a child is removed from home and allowed the court to authorize a home investigation and to expedite approval of the relative as a foster care parent if the home is certified. Pennsylvania enacted the Resource Family and Adoption Process Act which includes provisions requiring resource parent families (including kin) to be treated equitably during the foster and adoptive process. South Dakota required the court and the department to give placement preference to a relative or custodian who is available and has been determined to be qualified as long as the placement is in the best interest of the child. The legislation will allow any relative who has been denied adoptive placement to request a hearing, filed within 30 days with the circuit court, to determine if the placement was an abuse of discretion. Finally, Texas enacted comprehensive legislation as part of its child protective services reform initiative. Provisions included the development of a child placement resources form which requires a parent to identify three individuals who could be relative or designated caregivers, the expediting of departmental administrative procedures to ensure a child is placed with a relative or designated caregiver, and a caregiver assistance agreement that includes a one-time cash payment and reimbursement for child care and other expenses. The legislation also required collaboration with other health and human service agencies to provide assistance and with the State Bar of Texas and others to identify legal resources for relative and other designated caregivers.

Missouri (2004) required placement with relatives whenever a child is placed in foster care and a court has ruled that relative placement is not contrary to the child’s welfare. In 2003 Washington required the state to plan and implement strategies to prioritize the placement of children with kin when out-of-home placement is necessary and to develop procedures for locating kin and actively reaching out to relatives for placement.

SUBSIDIZED GUARDIANSHIP, KINSHIP FOSTER CARE AND OTHER CAREGIVER SUBSIDIES AND SUPPORTS

In 2006, Arizona appropriated $1 million for fiscal year 2006-2007 for a grandparent kinship care program. The legislation specified that the funds be used for clothing and personal allowances up to $75 per child per month and one-time transitional assistance up to $300 per child to help cover the cost of additional beds and furniture and other necessary items related to moving a child into the grandparent’s home. California also established a Kin-GAP Plus Program as an optional alternative to the Kinship Guardianship Assistance Payment Program (Kin-GAP). Kansas established a grandparents-as-caregivers program for grandparents age 50 or over who have been given custody of a child and whose income is less than 130 percent of the federal poverty level. The program provides a $200 per grandchild monthly subsidy and specifies other services to be made available to participating grandparents including counseling, respite care, child care and medical care.

In the 2005 session, Maine enacted a Guardianship Subsidy Program to be funded by a federal Title IV-E waiver which, if approved, will allow services and subsidies for special needs children placed in permanency guardianships.

In 2004, Virginia’s Senate Bill 35 created a Subsidized Custody Program for children in foster care whose custody has been transferred to relative caregivers and for whom reunification and adoption have been ruled out. The subsidy will include a one-time special need payment, services for the child and a maintenance subsidy equal to the foster family rate. The program is dependent upon approval of a federal Title IV-E waiver application, which is still pending (as of January 2006). Virginia also required local boards of social services to seek out kinship care options.

In the 2003 legislative session, Nevada and Oregon established procedures for creation of permanent legal guardianships for abused and neglected children. Pennsylvania established a Kinship Care Program and required that relatives of children who are being placed in foster care be considered first as caregivers. The program provides relative caregivers the same foster care rate as other foster parents and excludes the relative’s foster care payment from consideration when calculating eligibility for public welfare assistance. Texas authorized development and implementation of a relative reimbursement pilot program. Connecticut required the creation of a kinship foster care program. In 2002, Delaware mandated that the state establish a kinship care program and Florida expanded its Relative Caregiver Program to include half-siblings who are not related by blood to the caregiver, to exempt children in the program from payment of fees at certain post-secondary schools, and to make children in the program eligible for the School Readiness Program. Colorado created the Family Caregiver Support program to provide services for family caregivers of older individuals and for grandparents or older individuals who are relative caregivers of children. Colorado also authorized counties, subject to appropriations, to provide a basic assistance grant to a grandchild who exited foster care into the legal custody or guardianship of a grandparent.

In 2001, the District of Columbia, Idaho and Nevada created subsidized guardianship programs. Louisiana expanded its grandparent subsidy program to other relatives, while Missouri, responding to greater than expected demand and budgetary limitations, reduced the subsidy and restricted eligibility under its Grandparents as Foster Parents program. Oklahoma required the development of comprehensive plan to support guardians, adoptive parents other “created families.” Texas lowered the minimum age at which a grandparent may qualify for supplemental assistance for the care of a dependent plan for possible kinship placements, among other purposes.

DE FACTO CUSTODIANS

South Carolina (2006) allowed the family court to order custody of a child be awarded to the child’s de facto custodian, defined as a person who has been the primary caregiver and financial supporter of a child who has resided with the person for six months (under age 3) or a year (age 3 or older). Idaho (2004) set forth in statute the circumstances under which informal caregivers may qualify as “de facto” custodians with the right to initiate proceedings for appointment of a guardian.

WORKGROUPS/TASK FORCES/SPECIAL COMMITTEES

Lawmakers have also established a variety of study groups, task forces and oversight committees charged with examining issues facing kinship care providers. For example, Washington established both a Working Group (2002) to brief the Legislature on policy issues and an Oversight Committee (2003) charged with monitoring, guiding and reporting on kinship care recommendations. Nevada’s Legislative Committee on Children, Youth and Families (NRV 218.53723) created a Children, Youth and Kinship Care Subcommittee which held meetings and presented findings on kinship care to the full committee in 2004. New Jersey Assembly Resolution No. 125 of 1998-1999, created the Assembly Task Force on Grandparenting. The resolution required the Task Force to examine and develop recommendations for programs and services to grandparents raising children. The Task Force produced a major report on the topic – The Assembly Task Force on Grandparenting Report (1999).

In 1999, the Ohio Department on Aging produced a report entitled, “Grandparents Raising Grandchildren,” outlining the issues facing grandparent caregivers and listing recommendations. As a result, that same year the Ohio General Assembly authorized the creation of a Kinship Care Services Planning Council. Council recommendations included the development of kinship navigators in counties, the development of a kinship caregiver affidavit, improved access to publicly funded child care services and the creation of a statewide kinship care advisory board to coordinate with ODHS on the kinship care program. In 2002, Wisconsin lawmakers created a Special Committee on Relative Caregivers which was directed to study: (1) current law relating to relative caregivers under the Children’s Code and under current law relating to guardianship and kinship care; (2) relatives who care for children under an informal agreement between the child’s parent and the relative and whether such relatives should be granted decision-making authority with respect to the child’s care; and (3) third-party visitation law and enforcement of third-party visitation orders.

KINSHIP CARE NAVIGATOR PROGRAMS

State lawmakers have authorized kinship care navigator projects to help caregivers “navigate” or find their way through various systems such as child welfare, child care, TANF, health, legal/judicial, education and other services.

In 2007 Indiana required the Department of Child Services to collaborate with nonprofit community based agencies to develop a grant proposal for submission to funding sources for the purpose of establishing kinship care navigator pilot projects to assist kinship caregivers with understanding and navigating the system of services for children; requires reports annually to the legislative council and the governor on the kinship care navigator pilot projects.

Washington lawmakers appropriated $100,000 in 2006 and $100,000 in 2007 to fund a kinship navigator for grandparents. The purpose of the navigator includes: assisting kinship caregivers with understanding and navigating the system of services for children in out-of-home care while reducing barriers faced by kinship caregivers when accessing services; area agencies on aging shall give priority to helping kinship caregivers maintain their care-giving role by helping them access existing services and support, thus keeping children from entering foster care. Lawmakers also provided $500,000 in 2006 and $1 million in 2007 for area agencies on aging or those with whom they contract, to provide support services through the kinship caregiver support program. The program was a result of lawmakers establishing two kinship care navigator pilot projects in 2003.

In the 2006 legislative session, Connecticut and Kentucky lawmakers authorized navigator programs. Connecticut’s legislation requires the departments of social services, mental health and addiction services, and mental retardation to establish a “Kinship Navigator Program” to provide information about the array of state services and benefits for which grandparents and other relatives who are caring for a child may be eligible. Through the state 211 Infoline program, information is provided on housing; immigrant group needs; and financial assistance such as subsidized guardianship, TANF and the kinship fund. An evaluation of the program is due to the Legislature by Jan. 1, 2008.

In Kentucky, lawmakers created a centralized, statewide “KinCare Support Program” to provide information and referrals, through a toll-free number, to grandparents who are caring for minor grandchildren. Information is available about the Kentucky Transitional Assistance Program, medical coverage, child support and more.

In December 2006, the New York State Office of Children and Family Services provided $250,000 to fund operation of its first Kinship Navigator Program. This resource and referral service includes access to a kinship specialist via a toll-free number and provides information about legal rights, decision-making authority and eligibility for public assistance.

Indiana lawmakers also enacted legislation to develop kinship care navigator pilot projects. The Department of Child Services is to collaborate with nonprofit community-based agencies to apply for the pilot program funding and report annually on their status.

In 2002 Delaware lawmakers required the Kinship Care Program to partner with the Delaware Helpline to maintain a toll-free telephone line that kinship caregivers and other interested persons may call as a centralized source of information about services provided by the kinship care program and other related services and resources for relatives caring for children.

In 1999 Ohio lawmakers allowed the department to establish a statewide program of kinship care navigators to assist kinship caregivers with information and assistance on services and benefits including publicly funded child care; respite care; training related to caring for special needs children; a toll-free information number; and, legal services. New Jersey’s Department of Human Services established a Kinship Navigator program which the Legislature encouraged the use of to ensure that individuals who may be eligible to become kinship legal guardians are aware of the eligibility requirements for, and the responsibilities of, kinship legal guardianship, and that both individuals who may be eligible to become kinship legal guardians and current kinship legal guardians are aware of the services available to kinship legal guardians in the State (30:4C-90).

TO VIEW AND SEARCH ALL LEGISLATION, PLEASE GO TO: http://www.grandfamilies.org/