Fictive and Biological Kinship Foster Care Commonly Referred to as Article 17, Guardianship or G Docket

Kinship Foster Care Options at a Glance:

• 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

Further Details on Kinship Foster Care Options

1. In this option, the local department of social services has care and custody or guardianship and custody of the child and the child is placed with the relative in a foster care placement where the relative is either a certified or approved foster parent. The kinship foster parent/relative receives foster care payments (see #5 on page 5) and other supports from the child welfare agency.
2. The relative may have a very limited time period to decide whether to become a kinship foster parent. The relative should ask the agency caseworker how much time there is to decide.
3. To become a kinship foster parent, the relative must be certified or approved as a foster parent. The relative and all family members living in the home age 18 or over must undergo background checks. These checks include (a) a criminal history record review in New York State and nationally through the FBI; (b) a child abuse/ maltreatment history clearance in New York State and any other state in which the relative or any family members age 18 or over have lived in the previous five years; and (c) for foster homes certified or approved after June 30, 2013, a review of the Staff Exclusion List (SEL) database maintained by the New York State Justice Center for the Protection of People with Special Needs. Other requirements include a medical exam for the caregiver/family and a home inspection to determine that the relative has safe and appropriate housing. Usually the agency will require that anyone wishing to be a foster parent attend foster parent training. Each year the agency will conduct a review in order to renew the relative’s approval as a foster parent.
4. A child may be placed with a kinship foster parent on an emergency basis, pending full agency approval or certification of the relative. A caseworker will visit the home to determine if the relative is willing to care for the child, make sure it is safe for the child, and obtain information for the approval process.
5. This is the only option where the relative receives foster care payments. Kinship foster parents also receive a clothing allowance for the child and may receive certain other special payments, such as a diaper allowance for a young child and/or school-related expenses for an older child. Foster care payment rates may be higher if a child meets certain criteria or has special needs. Foster parents are required to have extra training each year if any child placed with them receives a special or exceptional rate.
6. The foster care payments may not arrive right away, but payments are retroactive to the date of placement. The agency will send a notice about the foster care rate to the foster parent within 30 days of placement.
7. Foster parents also may be eligible for child-related tax credits.
8. The kinship foster parent works in partnership with the agency and is expected to cooperate with the agency in regards to the care of the child, including any services that the child may need, expect the caseworker to visit the child and the home, follow the child’s visitation plan (even if it limits contact between the child and his/her parent), and meet regularly with the child’s caseworker.
9. Any visits between the child and the parent must be approved by the agency and must comply with any orders of the Family Court.
10. The Family Court will periodically review the case of a child placed in foster care at a permanency hearing. The agency must provide written permanency hearing reports to the Family Court eight months after removal and every six months thereafter. The kinship foster parent will receive a copy of each report and will be invited to each of the permanency hearings and have a right to be heard in such proceedings.
11. Unless health and safety of the child requires immediate removal, the agency can remove the child from the relative foster home after giving notice. The relative foster parents may request a conference with the agency to review the action, and if they do not agree with the removal, they have the right to appeal the decision at a fair hearing.
12. If the parent decides to surrender his or her parental rights, the Family Court terminates the parental rights, or if the parent dies, the kinship foster parent may file a petition in court to adopt the child. An adoption subsidy may be available if the child is eligible. Another option is to file a petition in court to become the child’s permanent guardian. If adoption has been ruled out and the placement meets KinGAP eligibility requirements, the relative foster parent may apply for KinGAP assistance prior to obtaining guardianship.