New Federal Legislation Promotes Kinship Care, Other Resources for Children & Grandparents

Karen Buck, Esq. & Jennifer Russel on 02/06/2009

The recently-passed Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) is intended to meet the needs of at-risk children and those in foster care, and to promote the ability of grandparents and other relatives who wish to care for them. Almost 6 million children in the United States are being raised in households headed by grandparents or other kinship or relative caregivers. This legislation promotes kinship care, financial supports, foster care oversight and transition for older children, and other opportunities to strengthen families and pursue permanency.

Here are a few highlights:

New mandate and federal assistance to connect at-risk children with, and provide support to, relative caregivers: Within thirty days of a child’s removal from parental custody, state agencies must now exercise due diligence in identifying and providing notice to all adult relatives (Title I §103). This notice must explain all federal, state, and local options that the relative has to participate in the care and placement of the child. Facilitating this process, states are now authorized to waive non-safety (foster care) licensing standards, eliminating certain unnecessary barriers to placing children safely with relatives in licensed homes (§104).

Kinship Guardianship Payments, to financially support relative foster parents: States are also given the option to use funds from Title IV-E of the Social Security Act for ‘kinship guardianship payments,’ to financially support relative foster parents under specified conditions (Title I §101). One condition, for example, is that both reunification and adoption must be ruled out as adequate permanency options before an individual is eligible for guardianship payments. Title I also authorizes a new grant program to connect children in foster care with family members; matching grants will be awarded to establish kinship navigator programs, intensive family finding efforts, family group decision-making meetings, and residential family treatment programs (§102).

Holistic view of foster care: The Act also attempts to holistically address and correct many of the state and federal oversights in foster care. It grants states the option of providing care and support to youth in foster care, and certain youth in adoptive or kinship guardianship arrangements, up to 21 years of age (Title II, §201). Title II also recognizes the increased hardships that foster care children face once they age out of the system; a transition plan is now mandated during the 90-day period immediately prior to the child’s exit from the system, addressing educational and health care concerns of foster care youth (§204-205) and requires states to make reasonable efforts to ensure that siblings are placed together (§206).

The Act promotes adoption in diverse communities and to address special needs and older foster care youth: Title III authorizes direct payment of federal funds for foster care and adoptive service programs operated by Indian tribal organizations (§301), as well as technical assistance to implement these services (§302). Title IV creates new allowances and incentives to eliminate the barriers that prevent or deter adoption of foster children (the Adoption Incentive Grant Program is renewed, doubles incentive payments for special needs youth and older youth in foster care are doubled, and information regarding the adoption tax credit to individuals potentially adopting foster care youth must be disseminated. (§§402,403).

The Act provides new opportunities for our governmental leaders, legal community, and service providers to strengthen the lives of children, relative caregivers and intergenerational families, all of whom are deserving of our attention and efforts as attorneys and advocates.

Karen C. Buck, Esq. is the Executive Director and Jennifer Russell (2009 J.D. candidate, Temple) is a Legal Intern at SeniorLAW Center, a public interest law center which protects the rights of older Pennsylvanians. www.seniorlawcenter.org