New Proposed Rule Changing the Foster Care Licensing Regulation Supports Keeping Families Safely Together through Kinship Care

February 14, 2023
| January Contreras, ACF Assistant Secretary
Grandparents coloring with granddaughter

When parents are unable to safely care for their own children, it is often grandparents, other family members, or kin who step forward to provide a loving home for those children, either temporarily or permanently. When children cannot remain safely with their parents, placement with kin is preferred over placement in foster care with nonrelatives. A government report estimated that more than 2 million children across America live with kin caregivers. Because we know children who need care do best with their own families, ACF is proposing a new rule that would allow child welfare agencies to adopt one set of licensing standards for family members and kin that acknowledges the kinship relationship and differs from the licensing standards used for non-relative foster family homes. Currently, all foster family homes must meet the same licensing standards, regardless of whether the foster family home is a family member or kin, or a non-kin placement. This new proposed rule would allow a child welfare agency to adopt different licensing standards for all relative and kinship foster family homes to lessen delays and barriers in the kinship foster family licensing process and open up financial resources for those family caregivers.

Encouraging kinship care is beneficial to both the child and the kinship foster caregivers. Research shows that children in foster care who are placed with relatives and kin experience less trauma, higher placement stability, and improved behavioral outcomes compared to children in foster care who are living with non-kin, in addition to maintaining familial and cultural bonds. For youth in foster care, having a strong cultural identity can lead to greater self-esteem, higher education levels, improved coping abilities, and decreased levels of loneliness and depression.

Facilitating more family members and kin to become licensed foster care parents would help those caregivers financially and, in particular, would help low-income caregivers. Kin caregivers who are licensed receive higher financial support from the government. This support is critical as many relatives who care for their kin are older, more likely to be single, more likely to be a person of color, and more likely to live in poverty. When children are placed with relative caregivers, it is most often in emergency situations which may result in unanticipated expenses.  Many relatives, especially those on a fixed income, cannot financially afford to care for their kin in the child welfare system unless they receive support. This new proposed rule would help low-income families who are struggling to raise their kin by providing financial assistance to help with the care of the child.

A new kinship licensing rule advances equity and access for all kinship caregivers, and we see that may especially be true in communities of color. Ethnically and culturally diverse populations are disproportionately represented in relative and kinship families. While Black or African American individuals represent 13% of the U.S. population, they make up nearly a quarter of all children in households where a grandparent is responsible for the needs of the child. Similarly, American Indian and Alaska Natives make up only 1.3% of the U.S. population, but their representation in grandparent-led households where the grandparent is providing for most of their needs, is more than double that rate. The available data on grandparents responsible for grandchildren suggests that underserved racial and ethnic populations are disproportionately taking responsibility for grandchildren. It is important to note that while kinship care is a cultural strength for these communities, equitable support for caregivers in the foster care system is an objective we must work towards. The new kinship rule is a step in the right direction for all kinship caregivers.

When times are tough, many of us turn to family for help. ACF recognizes the labor of grandparents and other relatives who are raising children in safe, loving homes. We encourage child welfare agencies to strongly consider developing licensing standards for kinship caregivers that recognize the unique role and relationship they have in a child’s development and sense of belonging.  With state collaboration, our announcement of a new regulation proposal will lessen obstacles in licensing standards for kinship foster caregivers.

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