Relative Kinship Care Options in New York

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Kinship Care Option A: Direct Placement

Child was removed by CPS and placed by Family Court order |
Kin Caregiver has temporary legal custody | The case worker and court provide may provide supervision | May be eligible as a household for Temporary Assistance | Not eligible for adoption subsidy or KinGap services | Parents have the right to visit but cannot regain custody without a court order | Kinship diversion is come times used by agencies to provide the family—instead of the courts—with more control over what happens to the child, and to help avoid placing the child in foster care.

Kinship Care Option B: Legal Custody or Guardianship

Requested by a relative though the court | Court approves Kin caregiver has long term custody but sometimes is referred to as guardianship by the court – custody and guardianship are NOT the same thing | No ongoing court or child welfare intervention | May be eligible as a household for Temporary Assistance | Can apply for the child-only or non-parent caregiver grant | Not eligible for an adoption subsidy or KinGap services | Parents have the right to visit but cannot regain custody without a court order | No foster care training required

Kinship Care Option C: Relative (Kinship) Foster Care

Child was removed by CPS and placed by Family Court order |
Child is in the “care and custody” of the Commissioners of Social Services or ACS | Kin caregiver must be certified as a foster parent | Foster parent training required | Caseworker provides supports and assistance | Parents have the right to visit but cannot regain custody without a court order | Eligible for foster care stipend and other benefits | Eligible for adoption subsidy or KinGap services

stepparent adoption in new york state

Kinship Care Permanency Options: KinGAP

Must first rule out adoption and return to parent
KinGap payments are available
Must be in foster care withe the same caregiver for six months first
must complete certain requirements
must show a permanent commitment to support the child through ages 18-21
No child welfare or court involvement
Parents Martina rights, can visit, and could petition the court to return the child sinless their rights are later terminated.

Kinship Care Options: Informal Care

No legal authority
Parents can take back the child at any time
Preventative services only
Can seek formal custody via Family Court
May be eligible as a household for Temporary Assistance
Can apply for the child-only or non-parent caregiver grant
Not eligible for an adoption subsidy or KinGap services

Visits with birth families

Kinship Care Permanency Options: Adoption

Parents rights terminated or parents surrendered their rights or paretns deceased
Must be approved through homestudy, background check and training
Permanent legal arrangement made through Family or Surrogate’s Court
Adoptive parent has all legal rights and responsibility
No on-going court or child welfare involvement
May quality for adoption subsidy and other benefits
may no longer qualify for Temporary Assistance

Visits with birth families

Kinship Care Statute and Regulation

Requires the local social service departments to conduct an immediate investigation to locate all suitable relatives identified by any respondent parent or any non-respondent parent or a child over the age of five who plays or has played a significant positive role in his or her life.