NCSL Child Welfare Policy Update
State Response to the Fostering Connections to Success Act of 2008
Sibling Placement Provision
The Fostering Connections to Success and Increasing Adoptions Act (H.R. 6893/P.L. 110-351) was signed on Oct. 7, 2008. This law helps to: connect foster children with their relatives; better coordinate the health care and education of foster children; support permanent families through relative guardianship; and enhance adoption subsidies and supports to older youth in foster care. To view a summary of the Act, click here.
Background
Research indicates that when children in foster care are placed with siblings, they feel safer, may experience better outcomes – such as improved placement stability and reunification - and have fewer emotional and behavioral problems.
According to information from the National Resource Center for Family Centered Practice and Permanency Planning:
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The National Adoption Information Clearinghouse estimates that 65-85% of U.S. foster children come from siblings groups, and studies of siblings in the child welfare system suggest that 60% to 73% of U.S. foster children have siblings who also enter foster care.
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Siblings who entered the foster care system within 30 days of each other had almost 4 times the odds of residing together than children who entered care at different times.
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Studies show that larger sibling groups are more likely than smaller groups to be placed separately, not only because fewer foster homes are willing to accept large groups of children, but also because large sibling groups are less likely to enter foster care at the same time.
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Children in group care had twice the odds of being separated, whereas children with siblings in related care were much less likely to be separated.
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Preschoolers placed with siblings had a higher rate of psychological problems prior to placement, but despite this history, showed significantly fewer emotional and behavioral problems in placement than those separated from their siblings.
The Fostering Connections to Success Act of 2008 Sibling Placement Provision
In an effort to improve outcomes for children and their siblings that are placed in foster care, the Fostering Connections to Success Act of 2008 required that for all placements, the state must make a “reasonable effort” to place siblings in the same foster care, kinship guardianship, or adoptive placement. If the siblings are removed from their home and not jointly placed, the state must make a “reasonable effort” for frequent visitation or other ongoing interaction between the siblings. The state does not have to make a “reasonable effort” if the state documents that such a joint placement or continued interaction would be contrary to the safety or well-being of any of the siblings.
The U.S. Department of Health and Human Services, Administration on Children, Youth and Families issued the following Program Instruction ACYF-CF-PI-10-11 on July 9, 2010. The program instruction (PI) encourages child welfare agencies to develop standard protocols for assisting caseworkers in making decisions related to not placing children with siblings and to periodically reassess sibling visitation in those cases. The PI also stated that agencies may establish their own standards for visitation and contact, but reiterated that the visitation or contact must be frequent which means at least monthly.
Prior to Fostering Connections, a number of states had already taken steps legislatively to ensure that sibling placement and visitation are important considerations for children in care. Prior legislation includes the following:
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2005 Md. Laws, HB 1336, Chap. 600. Required the department to place a sibling group together if it is in the best interest of the children and does not conflict with any health or safety regulation. Allowed siblings separated because of foster care or adoption to petition the court with jurisdiction over one or more siblings for reasonable sibling visitation rights.
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2006 N.H. Laws, SB 395, Chap. 92. Allowed licensed foster homes to exceed the maximum limit of six children if receiving one or more siblings and if the family is willing and able to take the children.
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2007 Ariz. Sess. Laws, HB 2212, Chap. 72. Sec. 4. Required the Administrative Office of the Courts to establish a “Sibling Information Exchange Program” to facilitate contact between a former dependent child and the child’s sibling(s). Allowed those participating in the program to use a confidential intermediary to access court, division and agency records to arrange contact or share information between the person initiating the search and the sibling who is subject of the search. Allowed a former dependent child to file an affidavit if he or she does not wish to contact siblings.
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2007 Ore. Laws, SB 414, Chap. 806. Recognized the importance, as a matter of state policy, of a child’s relationship with parents, siblings and other relatives. Required the Department of Human Services to make diligent efforts to place siblings together when siblings are removed and placed out of home unless such a placement is not in the best interests of the children. Required that the department report to the court efforts to place siblings together. Required that the court must enter findings that address whether the department has made diligent efforts to place children with siblings, the number of placements made, the schools attended, face-to-face contact with the assigned caseworker and visits with parents and siblings, and whether the frequency was in the best interests of the child. In addition, the report must include, for a child age 14 or older, whether the child is progressing toward graduation and if not what efforts have been made to assist the child in graduating.
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2009 Colo. Sess. Laws, SB 79, Chap. 59. Addressed the well-being of children in the foster care system by improving the ability of birth siblings to maintain long-term connections. Provided that confidential intermediaries may inspect confidential relinquishment and adoption records and post-adoption records if a motion of the court is filed by a former foster child who may or may not have been adopted, is age 18 or older, and is searching for a birth sibling. Created a registry of consenting former foster children searching for siblings.
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2009 Wash. Laws, HB 1938, Chap. 234. Directed the court reviewing and approving an adoption agreement to encourage consideration of providing a post-adoption contact between siblings who will be separated by the adoption. Required the court to inquire of attorneys and guardians ad litem (GALs) representing children in adoption and other custody matters about the potential benefit of continuing contact between siblings and the potential detriment of severing contact. Required the pre-adoption home study report to verify that discussions with adoptive parents included the relevance of sibling relationships.
Since the enactment of Fostering Connections, at least thirteen states have enacted the mandatory provision related to sibling placement in the 2009, 2010 and 2011 sessions.
Additional Resources
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SIBLING PLACEMENT PROVISION OF THE FOSTERING CONNECTIONS TO SUCCESS ACT OF 2008
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STATE and BILL
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BILL SUMMARY (2012|2011 | 2010 | 2009)
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2012 |
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Illinois
IL HB 5592, Public Act 1076
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Requires the Department of Children and Family Services to place a child with the child's sibling or siblings unless the placement is not in each child's best interest, or is otherwise not possible under the Department's rules. If the child is not placed with a sibling under the Department's rules, the Department shall consider placements that are likely to develop, preserve, nurture, and support sibling relationships, where doing so is in each child's best interest. |
Iowa
HB 494 |
Requires that the Department facilitate frequent visitation or ongoing interaction between children participating in the subsidized guardianship program administered by the department and the siblings of those children. However, facilitation of the visiting or interaction is not required if the department determines the visitation or ongoing interaction would be detrimental to the child's well-being or is suspended or terminated by the court. |
Minnesota
SB 1173 |
Determines that a child may qualify, under limited circumstances, for the extension of adoption assistance beyond the age of 18, up to the age of 21. States that diligent efforts to identify and search for relatives as potential caregivers must be made by the responsible social service agency no later than three months after a child is ordered removed from the care of a parent. The court may continue jurisdiction over an individual to the individual's 19th birthday when continuing jurisdiction is in the individual's best interest in order to: accomplish additional planning for independent living or for the transition out of foster care; or support the individual's completion of high school or a high school equivalency program. Establishes that siblings shall be placed together in the same home and ensures that visitation is occurring when siblings are separated in foster care placement and visitation is in the siblings' best interests. Requires the responsible social services agency to develop a personalized transition plan as directed by the youth for a child who will be discharged from foster care at age 18 or older. The transition plan must be developed during the 90-day period immediately prior to the expected date of discharge. States that when a child asks to continue or to reenter foster care after age 18, the child and the responsible social services agency may enter into a voluntary agreement for the child to be in foster care; the voluntary agreement must be in writing and on a form prescribed by the commissioner. |
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Utah
HB 237
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Requires a caseworker to file a report explaining why a particular placement is in the child's best interest when a child is removed from the child's immediate family but not placed with kin. |
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2011
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Arkansas
SB 625, Act 591
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When it is in the best interest of each of the juveniles, the department shall attempt to place a sibling group together while they are in foster care.
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Missouri
HB 431
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Requires the children's division to make reasonable efforts to place siblings in the same foster care, kinship, guardianship, or adoptive placement, unless doing so would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, the children's division shall make reasonable efforts to provide frequent visitation or other ongoing interaction between the siblings, unless this interaction would be contrary to a sibling's safety or well-being.
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Missouri
HB 604
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Requires the children's division to make reasonable efforts to place siblings in the same foster care, kinship, guardianship, or adoptive placement, unless doing so would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, the children's division shall make reasonable efforts to provide frequent visitation or other ongoing interaction between the siblings unless this interaction would be contrary to a sibling's safety or well-being.
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Nebraska
LB 177, Slip Law
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Requires the department to make reasonable efforts to accomplish joint-sibling placement or sibling visitation or ongoing interaction between siblings.
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2010
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Arizona
HB 2419, Chap.214
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Provides that if a child has been removed from the home and placed in out-of-home placement, guardianship or adoptive placement, the department that placed the child shall make reasonable efforts to place that child with siblings or to maintain frequent visitation or other ongoing contact between the child and the child's siblings unless a court determines that such contact would be contrary to the child's or a sibling's safety or well-being.
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California
AB 743
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Amends existing law that requires a social worker who takes a minor into custody to place the minor together within any siblings or half-siblings who are detained or to include a statement as to why that placement would not be appropriate. Requires the worker to make reasonable efforts to place the minor and his or her siblings or half siblings together or to include a statement why the placement would be contrary to the safety or well being of any of the siblings.
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Georgia
HB 1085, Chap. 469
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Determines that siblings removed from their home shall be placed in the same foster care, kinship, guardianship, or adoptive placement, unless the Division of Family and Children Services documents that such a joint placement would be contrary to the safety or well-being of any of the siblings.
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Pennsylvania
HB 2258, Chap. 115
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Determines that reasonable efforts must be made to place a child placed in foster care with any siblings, if appropriate. If siblings are in a different placement setting, the court shall enter an order to ensure visitation between the siblings occurs no less than twice a month, if appropriate.
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2009
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Minnesota
SB 1503, Chap. 163
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Efforts must be made to place siblings removed from their home in the same home for foster care, adoption, or transfer permanent legal and physical custody to a relative.
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North Dakota
HB 1094, Chap. 267
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Establishes that siblings shall be placed in the same foster care, relative, guardianship, or adoptive placement, unless it is determined that the joint placement would be contrary to the safety or well-being of any of the siblings. Provides for frequent visitation or other ongoing interaction between the siblings for those siblings removed from their home who are not jointly placed.
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Oklahoma
SB 339, Chap. 160
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Requires the Department to make reasonable efforts to place any siblings in state custody together and provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together.
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Utah
HB 63, Chap. 161
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Requires a court to attempt to keep sibling groups of minors together, if keeping the sibling group together is practicable and in accordance with the best interest of the minors.
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Washington
HB 1938, Chap. 234
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Requires the court to inquire of attorneys and Guardian ad Litems representing children in adoption and other custody matters about the potential benefit of continuing contact between siblings and the potential detriment of severing contact. Requires the pre-adoption home study report to verify that discussions with adoptive parents included the relevance of sibling relationships.
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Wisconsin
SB 347, Act 79
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Requires reasonable efforts to place siblings together, or, if siblings are not placed together, requires that agency provides for frequent visitation and ongoing interaction.
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