Alabama | Alaska | Arizona | California | Colorado | Connecticut | Delaware | Florida | Hawaii | Idaho | Illinois | Kansas | Kentucky | Louisiana | Maine | Maryland | Minnesota | Missouri | Montana | Nevada | New Jersey | New York | Ohio | Oklahoma | Oregon | Pennsylvania | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | Wisconsin

ALABAMA

1999 Ala Acts. Act 437 - Establishes a kinship foster care program.  Authorizes payment of the full foster care rate to approved relatives.  Requires the state to develop eligibility standards and to conduct background checks.

ALASKA

2006 Alaska Sess. Laws, HB 53, Chap. 64 - Secs. 1-3. Gives adult family members priority for consideration as a child’s guardian. Requires a court to grant an adoption petition by an adult family member who has had physical custody of a child for 12 months, unless doing so would not be in the child’s best interest.

Sec. 16. Requires efforts to identify an adult family member who may be willing to adopt a child when a petition to terminate parental rights is filed. Requires the child welfare agency to approve an adult family member for adoption unless good cause exists not to do so.

Sec. 37. Provides that prima facie evidence of good cause not to place a child with an adult family member or family friend includes grounds for denial of a foster care license, but does not include poverty or inadequate or crowded housing.

ARIZONA

2006 Ariz. Sess. Laws, HB 2870, Chap. 350 - Appropriates $1 million for fiscal year 2006–2007 for a grandparent kinship care program. Specifies that the funds be used for clothing and personal allowances not to exceed $75 per child per month and one-time transitional assistance not to exceed $300 per child to help cover the cost of additional beds and furniture and other necessary expenses related to moving the child into the grandparent’s home.

2006 Ariz. Sess. Laws, SB 1119, Chap. 247 - Specifies least restrictive placement preferences for non-Indian children who are removed from home, as follows: parent;

grandparent; kinship care with another member of the child’s extended family, including a person who has a significant relationship with the child; licensed family foster care; therapeutic foster care; group home; and residential treatment facility.

Specifies placement preferences for Indian children, as follows: child’s extended family, licensed family foster home approved or specified by the tribe; Indian foster home approved or specified by a non-Indian licensing authority; and institution approved by the tribe or operated by an Indian organization.  Requires court reports, when placement with a grandparent or another extended family member is not proposed, to include information sufficient to allow a court to determine whether such placement is in the child’s best interest. Requires courts to include specific written findings in support of a decision that placement with a grandparent or other extended family member is not in a child’s best interest. Requires a court, at a preliminary protective hearing, to review evidence that the child welfare agency is attempting to identify a grandparent or other extended family member for placement of the child.

2005 Ariz Sess Laws, HB2220, Chap 220 - Requires the department to establish kinship foster care services for a child who is in the custody of the department.  Requires the program to promote relative placement.  Specifies requirements for kinship foster care parent applicants who are not licensed foster care parents to include that the applicant is at least 18 years of age and the submission of fingerprints for a criminal records check.  Requires the department to conduct one or more home visits and interview the applicant.  Allows the department to interview other household members, to check professional references and to conduct a child protective services central registry check.  Requires the department to provide written notification to the applicant if it determines that placement with the applicant is not in the child’s best interest.  Specifies that a kinship foster care parent may be eligible for full foster care benefits (including payment if the applicant becomes a licensed foster care home), and TANF child only payments. 

Requires the department to establish procedures for child welfare workers to inform kinship foster care families about available financial and non-financial services.  Requires that a family who declines services sign a statement indicating that they declined services. 

Requires the department to provide non-financial services for kinship foster care parents through existing means or referral to include: family assessment, case      management, child day care, housing, parenting skills, counseling, transportation, emergency services, respite services and additional necessary services.

Requires a performance evaluation and report to the legislature and governor on the demographics and numbers of children placed with relative caregivers, the demographics of kinship foster caregivers, the number of relative children per kinship foster care family, the department’s success at maintaining kinship foster care placements, types of services provided, and costs of services provided to kinship foster care families compared to the cost of out-of-home placements.

Requires the program to streamline, expedite and coordinate existing services and referrals.  Requires the department to submit an amendment to the U.S. Department of Health and Human Services waiving the face-to-face requirement for relative caregivers applying for TANF money for a child-only       case.

2001 Ariz Sess Laws, HB 2063, Chap 187 - Requires that kinship foster caregivers be provided with certain information about available financial and non-financial services.

2000 Ariz Sess Laws, HB 2400, Chap 285 - Establishes the kinship foster care program in the Department of Economic Security.  Requires the court and the division to review a local foster care review board’s findings and recommendations at dependency review hearings; requires written notice to the local foster care review board in regard to that division’s decisions about whether to implement the recommendations; allows the child’s parents or grandparents to attend the board’s review of the case.

2000 Ariz Sess Laws, SB 1290, Chap 183 - Establishes the kinship care program in the Department of Economic Security; provides kinship foster care services for children removed from their homes and placed in the department’s custody; provides the application procedure for kinship foster care parents; and enumerates the financial and non-financial services for which kinship foster care children and kinship foster care parents may be eligible.

CALIFORNIA

2006 Cal. Stats., AB 1808, Chap. 75 - Requires the Department of Social Services to establish the Kin-GAP Plus Program as an optional alternative to the Kinship

Guardianship Assistance Payment Program (Kin-GAP). Makes the Kin-GAP Plus Program applicable to certain delinquent children who have been declared wards of the juvenile court and whose wardships have been terminated and includes payment for a specialized care increment and clothing allowance. Allows suspension of voluntary enrollment into the Kin-GAP Plus Program under specified circumstances.

Eliminates the requirement that counties have at least 40 percent of dependent children in relative care to be eligible for a grant under the Kinship Support Services Program. Imposes additional requirements on participating counties.

2000 Cal Stats., SB 1608, Chap 866 - Prescribes a priority for county participation in Kinship Support Services Program.  Permits a county to maintain eligibility in the program despite a reduction in the percentage of relative care placements.

1998 Cal Stats., Chap 329 - Secs. 21, 22 States legislative intent that the Department of Social Services work with counties, federal officials, kinship caregivers and other interested parties to develop a Kinship Care Program separate from the existing foster care program.  Prohibits payment of foster care funds on behalf of a child determined to be eligible solely on the basis of the decision in Land vs. Anderson.

1998 Cal. Stats., Chap 1055 - Establishes the Kinship Guardianship Assistance Payment (Kin-GAP) Program to provide financial assistance for dependent children placed in legal guardianship with a relative.  Amends court procedures pertaining to establishment of a legal guardianship for a minor adjudicated to be dependent.

COLORADO

2005 Colo Sess. Laws, HB 1174 - Discourages multiple placements.  Requires parents at temporary custody hearings to identify relatives for placement. Requires that the parents be advised that if the parent does not identify these relatives in a timely manner, children may be placed permanently outside of the home and may face life-long damage to his or her emotional well-being if the child becomes attached to one caregiver and is later removed from the caregiver’s home.  When making placement determinations for a child following termination of parental rights, allows the courts to consider an individualized assessment of the child’s needs, whether the child’s placement at the time of the hearing is a safe and potentially permanent placement, the child’s actual age and developmental stage and attachment needs, whether the child has significant psychological ties to a person who could provide a permanent placement for a child including a relative and, if so, whether this person maintained contact with the child during the child’s placement out of the home, and whether a person who has adopted a child is willing to maintain appropriate contact with the child’s relatives, including siblings.

2002 Colo Sess. Laws, HB 1067, Chap 220 - Creates the Family Caregiver Support Program to provide support services for family caregivers of older individuals and for grandparents or older individuals who are relative caregivers of children.  Specifies services to be provided, including information, counseling, training and respite care.  Specifies certain eligibility criteria.

2002 Colo Sess Laws HB 1262, Chap 241 - Authorizes counties, subject to available appropriations, to provide a basic assistance grant to a grandchild who exited foster care into the legal custody or guardianship of a grandparent.  Provides that eligibility shall be based either on the criteria in effect on July 16, 1996, or on the criteria for the average foster care home maintenance payment.

2000 Colo Sess Las, HB 1318m, Chap 235 - Requires the court in a temporary custody hearing, to order the parents to provide within 15 days the names and addresses of relatives with whom the child may be placed, when advising them that the child may be placed with a grandparent, aunt, uncle, brother or sister if such placement is within the best interest of the child.  Allows the court to order a county department to make reasonable and timely efforts to contact such identified relatives within 90 days, absent good cause.

CONNECTICUT

2006 Conn. Acts, SB 366, P.A. 37 - Requires the commissioner of Children and Families to use best efforts to identify and notify a grandparent whenever a child is removed from home. Allows a grandparent to provide contact information to the commissioner if a child is the subject of an investigation or under the care of the department.

2006 Conn. Acts, HB 5532, P.A. 182 - Requires establishment of a kinship care navigator program. Requires that information on the array of services and benefits for which they may be eligible be provided to grandparents or other relative caregivers. Requires a report to the Legislature.

2004 Conn Acts SB 1038, Act 254 - Reduces from twelve to six months the minimum time period that a child must spend in foster care prior to being eligible for consideration for transition to subsidized guardianship.

2003 Conn Acts, SB 291, Act 42 - Requires the department to create a kinship foster care program.  Requires the department to inform relatives regarding procedures to become foster parents.

2001 Conn Acts SB 1094, PA 01-70 - Requires relatives accepting placement of children for more than 90 days to be licensed as foster parents, in compliance with federal regulations.  Excepts those who were previously certified as relative caregivers.

DELAWARE

2000  Vol. 70 Del Laws, SB 164, 72, Chap 208 - Allows relative caregivers to register children in school.

Vol. 70 Del. Laws, SB 277, 72 Chap 299 - Allows relative caregivers to enroll a child in school provided that certain criteria are met.

1999 Vol. 70 Del. Laws, Chap 77 - Eliminates the need for home evaluations for dependent children who have been living with related adults who do not meet the legal definition of relative, where such individuals have been providing adequate care.

FLORIDA

2006 Fla. Laws, SB 1080, Chap. 86 - Requires a court, at a shelter hearing, to inquire about relatives who might be able to care for a child. Requires the parents of a child to identify such relatives.  Creates new sections authorizing permanent guardianships; placement with a fit and willing relative; and placement in another planned, permanent living arrangement. Makes other changes to conform state law to the federal Adoption and Safe Families Act.

2002 Fla Laws, HB 161, Chap 38 - Expands eligibility of the Relative Caregiver Program to include half-siblings who may not be related by blood to the caregiver.  Exempts children in the program from payment of fees at certain postsecondary institutions.  Expands eligibility for early childhood education and child care in the School Readiness Program to children for whom the state is paying a relative caregiver payment.

2000 Fla Laws, HB 2125, Chap 139 - Secs 24, 28, 31 Clarifies that the Relative Caregiver Program applies to permanent and temporary placements of children.  Specifies available permanency options, in order of priority.  Requires courts to recognize the permanency of a relative placement without requiring the relative to adopt the child. 

HAWAII

2005 Hawaii Sess. Laws, SB 40 - Authorizes a minor’s caregiver to consent to health care services for the minor.  Establishes requirements for caregiver consent affidavit which must be notarized.  Allows the caregiver to consent to primary and preventive medical and dental care and diagnostic testing and other medically necessary health care and treatment.  Requires the affidavit to include the caregiver’s name and current home address, birth date, driver’s license, relationship to the minor, minor’s name and birth date.  Requires the signature of the child’s parent, guardian or legal custodian unless the caregiver has been unable to obtain the signature and the affidavit includes a statement documenting the caregiver’s attempts to obtain the signature.  Requires the affidavit to include notice that the parent’s rights are not affected and that this does not give legal custody to caregiver.  Allows the parent or legal custodian to rescind the affidavit at any time.  Provides civil and criminal immunity to health care providers and does not require the health care provider to conduct any further inquiry or investigation.

2004 Hawaii Sess. Laws, SB 946, Act 99 - Allows a caregiver of a minor who lives with the minor but is not the minor’s legal guardian to execute an affidavit of caregiver consent to enroll the minor in school and allow the minor to participate in curricular and co-curricular activities.  Provides that a caregiver who makes a false statement in the affidavit of caregiver consent shall be subject to criminal penalties.

IDAHO

2004 Idaho Sess. Laws, SB 1302, Chap. 145 - Defines “de facto custodian” as anyone who has been the primary caregiver and financial supporter of a child for a period of six months or more if the child is under age 3 and for a period of one year or more if the child is age 3 or older.  Specifies that a de facto custodian may initiate proceedings for appointment of a guardian and is entitled to notice of any such proceeding. Requires the appointment of a guardian ad litem for a child in a guardianship proceeding.

2001 Idaho Sess. Laws, HB 58, Chap 92 - Authorizes subsidized guardianships for hard-to-place children in the custody of the state.          

ILLINOIS

2006 Ill. Acts, HB 4242, P.A. 94-880 - Requires that the Department of Children and Family Services use reasonable efforts to identify and locate a relative for placement of a child and to renew such efforts each time the child requires a placement change. Requires the department to document the basis for a determination that relative placement is not in the child’s best interest.  Requires the department, whenever a child is placed in a setting other than a home environment, to identify and locate relatives who could serve as visitation resources or future placement resources. Requires the department to develop a visitation or transition plan, if appropriate relatives are located.

2001 Ill Laws HB 1911, Pa 92-192 - Adds second cousin and godparent to the definition of relative for the purposes of child placement.

KANSAS

2006 Kan. Sess. Laws, SB 62, Chap. 208 - Requires the secretary of Social and Rehabilitation Services to establish a grandparents-as-caregivers program. Provides that the program be open to grandparents age 50 or over who have been given custody of a grandchild by the state or who have obtained guardianship or custody of the grandchild and whose income is less than 130 percent of the federal poverty level.

Provides that other close relatives may qualify for the program if a child has no grandparent who is willing to participate.  Provides for a monthly subsidy of $200 per grandchild, not to exceed $600. Specifies the ancillary services available to participating grandparents, including counseling, respite care, child care and medical card, among others. Requires a report to the Legislature.

KENTUCKY

2006 Ky. Acts, HB 45, Chap. 198 - Requires creation of the KinCare Support Program to provide information and referrals to grandparents who are caring for grandchildren. Requires the administrative office of the courts to develop power of attorney for caregivers to obtain medical treatment and school enrollment for children in their care.

2000 KY Acts, HB 165, Chap 306 - Permits Cabinet for Families and Children to establish programming and funding for kinship care.

LOUISIANA

2001 La Acts, HB 318, Act 568 - Requires the court to include a predisposition investigation following adjudication an assessment of whether the child has an established and significant relationship with a parent, grandparent, sibling or adult in a surrogate parental relationship that should continue while the child is in foster care.  Requires the department to include in the case plan arrangements for continuing the relationship.  Requires the relationship to be one of several factors in the permanency plan.  Request eh child’s attorney to be responsible for making recommendations to the court regarding post-adoption continuing contact.

2001 La Acts, HB 947, Act 857 - Renames the Grandparent subsidy Program the Kinship Care Subsidy Program and makes the program available to other relatives in addition to grandparents.  Allows enrollees in the program one year in which to obtain guardianship of the child.

2000 La Acts, HB 62, Act 309 - Specifies that the three-year limitation on eligibility for relative foster care payments does not apply when reunification, adoption and guardianship have been ruled out as permanency options and the court has determined that long-term foster care is the most appropriate plan for the child.

1999 La Acts, HB 1901, Act 990 - Establishes the Grandparent Subsidy Program to be funded with TANF funds.

1999 Iowa Acts, Chap 203 - Sec. 15 Authorizes the expenditure of funds for a subsidized guardianship program.  Specifies eligibility criteria and payment maximums.

1999 La Acts, Act 990 - Establishes a Grandparent Subsidy Program for grandparents and step grandparents who have legal custody or guardianship of their grandchildren or step grandchildren.

MAINE

2005, LD 1382, Chapter 372 - Establishes a Guardianship Subsidy Program utilizing funds appropriated for child welfare services and funds provided under Title IV-B and IV-E or any waiver.  Allows the department to provide services for special needs children placed in permanency guardianships or in a similar status by a Native American tribe, when the department has not been successful at placing the child without guardianship subsidies and if the child would not be placed in a permanency guardianship without the subsidy.  Defines permanency guardianship as a court appointed placement that can provide a safe home for the child, has a close emotional bond with the child, can make a long-term commitment to the child and has the skills to care for the child.  Defines special needs child as a child with a physical, mental or emotional handicap or medical condition that makes placement difficult, is a member of a sibling group that includes at least one member who is difficult to place, is difficult to place because of race or age, has been a victim of physical, emotional or sexual abuse that places the child at risk for future emotional difficulties or has a family background of severe mental illness, substance abuse, genetic or medical conditions that place the child at risk for future problems.

Specifies that the amount of the subsidy may vary depending upon the resources of the permanency guardian, the special needs of the child and the availability of resources and the amount may not exceed the total cost of caring for the child if the child remained in care of the department.  The amount may include up to $400 for reimbursement for legal expenses.  The subsidy is to be provided for a period of time based upon the special needs of the child.  The subsidy may continue until the permanency guardianship ends or may continue until the child is 21 if the child needs educational benefits or has a physical, mental or emotional handicap.

2005 LD 1320 - Lists child protection priorities as preservation of the family first, placement of the child with the closest appropriate next of kin second and placement in foster care only as a last resort.

MARYLAND

2005 HB935, Chapter 404 - Allows a court to give priority to the child’s relative over non-relatives when ordering shelter care or committing to custody, unless good cause is shown.

2005 SB746 - Allows the court to grant custody and guardianship to a relative or non-relative of a child.  Requires the department to complete a report on the suitability of the individual to be guardian of the child before granting custody and guardianship.

MINNESOTA

2001 Minn Laws, SF 1394, Chap 178 - Specifies required court review of agency’s efforts to place a child with relatives.  Requires court to honor parent’s veto of placement with particular relatives and to honor parent’s preference for placement in a home with the same religious background.

1999 Minn Laws, Chap 245 - Art. 8, Secs. 26-33  Expands the Relative Custody Assistance Program to include an important friend of the child and relatives who live outside of the state.  Clarifies procedures for determining the amount of assistance a relative receives under the program.

MISSOURI

2004 Mo Laws, HB 1453 - Requires placement with relatives whenever a child is placed in foster care and a court has determined that relative placement is not contrary to the welfare of the child.

2001 Mo Laws, SB 236 - Reduces the amount of subsidy under the Grandparents as Foster Parents program to 75 percent of the current foster care payment.  Makes the program subject to appropriations and adds an income restriction of 200 percent of the federal poverty level.  Makes certain program duties discretionary rather than mandatory.

1999 Mo Laws, HB 252, Chap 454 - Amends the “Grandparents as Foster Parents Program.”  Sets guidelines and provides reimbursement bases on the current foster care payment schedule.

1999 Mo. Laws, Chap 208 - Adds legislative findings to the “Grandparents as Foster Parents Program” statute.  Lowers the age of eligible grandparents from 55 to 50.  Authorizes the state to allow other relatives of a child to participate I the program if there are not grandparents willing to do so.  Authorizes the provision of ancillary services.  Provides that funding for cash assistance and other services shall be funded from state maintenance of effort funds.  Allows non-eligible grandparents to apply for foster care reimbursements, to be funded with TANF.  Specifies that such persons will be subject to time limits and work requirements.

MONTANA

2005 Mont Laws, HB 420 - Requires the department to investigate and determine whether awarding custody is in the best interests of the child when a member of the child’s extended family, including an adult sibling, grandparent, great-grandparent, aunt or uncle, requests custody.  Requires the department to provide a written explanation to the court as to why an extended family member who has applied for temporary or permanent custody has been denied custody.

2001 Mont Laws, SB 116, Chap 311 - Requires placement of a child with the child’s non-custodial birth parent or with extended family, consistent with the best interests of the child.

2001 Mont Laws, SB 257, Chap 194 - Specifies conditions under which a child may be placed with a relative.  Allows courts to give priority to a member of an abandoned child’s extended family in deciding who to appoint as a temporary guardian of the child.  Requires the court to give placement priority to an extended family member of an abandoned child.

NEVADA

2003 Nev Stats, AB 273, Chap 103 - Establishes procedures for the placement of abused or neglected children in permanent guardianships.  Requires petitions for guardianship to explain why adoption or reunification is not in the child’s best interest.  Specifies conditions that must be met for appointment of a guardian including that the prospective guardian must have had custody of the child for at least 6 months, unless waived by the court.  Sets forth powers and duties of guardians.

2001 Nev Stats, AB 15, Chap 326 - Requires the state to establish a program to support qualifying relatives who have obtained legal guardianship of children.  Specifies required qualifications of relatives and the types of assistance to be provided.

NEW JERSEY

2005 Chapter 95 - Requires the department to inform kinship legal guardians, and those who may become eligible to be kinship legal guardians, of their eligibility requirements, legal responsibilities and of the full range of support services and financial aid including TANF, Medicaid for the child, short-term funding, support groups, child support collection, housing assistance, legal services, child care, respite services and education.

NEW YORK

2006 N.Y. Laws, A 9617, Chap. 12 - Sec. 1. Allows the court to place a child with a relative or “other suitable person” who has indicated a desire to become a foster

parent for the child.

Sec. 2. Clarifies that a relative shall not have previously refused to be considered as a foster parent or custodian of the child; refusal due to an inability to provide immediate care because of a lack of resources shall not constitute a previous refusal.

Clarifies that no child shall be placed with a relative before final approval or certification of such relative as a foster parent.

2005 N.Y. Laws, Chap. 671 - 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.  Requires that the relative be informed of the proceeding and of the opportunity for becoming foster parents or for seeking custody or care of the child and that the child may be adopted by foster parents if attempts at reunification with the birth parent are not required or are not successful.  Requires the local department to record the results of the investigation.  If the court orders the child removed from his or her home, the court is required to inquire as to the status of the department’s efforts to locate relatives of the child, including any non-respondent parents and all of the child’s grandparents.  The court must also inquire as to whether the child has identified any relatives and whether any relative who has been located has expressed interest in becoming a foster parent or in seeking custody or care of the child.  Requires, once such inquiry is complete, the court to place the child with the local social services department and that the court may direct the department to have the child reside with a relative and to commence an investigation of the home of such relative within 24 hours and, thereafter, expedite approval or certification of such relative, if qualified, as a foster care parent.  Requires the local department to report to the court immediately if the home is found to be unqualified so that the court may make an appropriate placement determination.

Requires the court to hold a hearing to determine whether child should be placed with a relative in foster care once a relative has made an application to become a foster parent.  Sets provisions for the hearing to include that the relative must be within the third degree of consanguinity to either parent, the child must have been temporarily removed and placed in non-relative foster care, the relative is willing to become a foster parent, the application is brought within 6 months from the date the relative received noticed about the removal, and the local social services department has refused to place the child with the relative for reasons other than the relative’s failure to qualify as a foster parent.  Requires the court to direct the local department to commence an investigation of the home of the relative within 24 hours after the hearing, if the court determines that placement is in the child’s best interest.

2005 N.Y. Laws, S 3216, Chap. 119 - Allows the parent of a minor to designate another person as a person in parental relation to a minor, for a period not to exceed six months, for the purpose of making education and health decisions regarding the child.  Requires the designation to be in writing and to include the parent’s name, the name of the designee, the name of the child, the parent’s signature and the date.  Requires, for designations more than 30 days, a parental address and phone number, date of birth of each child, date the designation commences, the written consent of the designee and a statement that there is no prior court order prohibiting the parent from making the designation.  Allows the designation to specify the treatment, diagnosis or activities for which consent is unauthorized, information about non-authorized treatment or any other limitation.  Allows a parent to revoke a designation by notifying, either orally or in writing, the school or health care provider.  Specifies that the designation shall not cause a change in the child’s school district and presumes that the child is a resident of the school district in which the parent resided at the time the designation was made.   Provides immunity to school personnel and health care providers.

2003 N.Y. Laws, S 6818, Chap. 749 - Allows a parent to authorize an adult into whose care a minor has been entrusted to consent to health care treatment and health plan enrollment, school enrollment, absence from school, and participation in school programs and school sponsored activities.

OHIO

(§ 5101.851, 5101.852)  Allowed the department to establish a statewide program of kinship care navigators to assist kinship caregivers who are seeking information regarding, or assistance obtaining, services and benefits available at the state and local level that address the needs of those caregivers residing in each county, including the following:  publicly funded child care; respite care; training related to caring for special needs children;  a toll-free telephone number that may be called to obtain basic information about the rights of, and services available to, kinship caregivers; and, legal services.              

OKLAHOMA

2001 Okla. Sess Laws, HB 1670, Chap 434 - Grants to certain relative caregivers the right to authorize medical and dental care for the child in their custody.  Allows such relatives to complete a Relative Caregiver’s Authorization Affidavit.

2000 Okla. Sess Laws, HB 2006, Chap 385 - Provides for relative guardianships.  Directs the state to establish a relative support program for relatives who care for children who are at risk of entering foster care.  Authorizes the use of TANF funds for he program.  Requires a report to the legislature.

2000 Okla. Sess Laws, HB 2452, Chap 374 - Provides that kinship foster parent is not entitled to foster payments until finally approved.  Allows for payment of TANF funds to such foster parents until finally approved.  Provides that requires training for kinship foster parents must be completed no later than 120 days after placement of the child. 

OREGON

2003 OR Laws, SB 70, Chap 229 - Establishes procedures for the creation of permanent guardianships for abused and neglected children who are wards of the state.  Prohibits a parent from moving the court to vacate such a guardianship.  Allows a guardianship petition to be filed by a party or a person granted rights of limited participation for that purpose.  Provides that a guardianship may be granted upon a showing that the child cannot safely return home and that adoption is not an appropriate plan for the child.  Sets forth procedures and criteria for modifying or vacating a guardianship.

PENNSYLVANIA

2005 PA HB 127 - Enacts the “Resource Family and Adoption Process Act” which defines resource family as a family which provides temporary foster or kinship care for children placed out of home.  Requires a county or private agency to interview resource families interested in adopting a child who has resided with that family six months or more and for whom the county or agency has changed the child’s goal from foster care to adoption.  Outlines the resource family parent interview.  States the intent that resource parents are treated equitably during all stages of a child’s foster placement, including adoption, with the goal being a favorable resolution for the child.

2003 HB 297 - Establishes a Kinship Care Program and defines relative as an individual related within the third degree of consanguinity or affinity to the parent or stepparent of a child.  Requires that relatives of children who are being placed in foster care be considered first as caregivers.  Require county social service departments make placing a child with relatives a priority if out-of-home placement is necessary.  Requires the department to document the reasons why a child was not placed with a relative.   Provides relative caregivers the same foster care rate as other foster parents and excludes the relative's foster care payment from consideration when calculating eligibility for public welfare assistance. 

SOUTH CAROLINA

2006 S.C. Acts, SB 137, Act 249 - Allows the family court to order custody of a child be awarded to the child’s de facto custodian. Defines de facto custodian as a person who has been the primary caregiver and financial supporter of a child who has resided with that person for six months if a child is under age three and for one year if a child is age three or older.

2000 SC Acts, SB 181, Act 219 - Creates kinship foster care program. 

SOUTH DAKOTA

2005, SB55 - Requires the court and the department to give placement preference to a relative or custodian who is available and has been determined to be qualified as long as the placement is in the best interest of the child.  Allows any relative who has been denied adoptive placement to request a hearing, filed within 30 days with the circuit court, to determine if the placement was an abuse of discretion.

TENNESSEE

2005 HB 704, Chapter 96 - Requires the department of children’s services and the commission on aging and disability to design and implement a full range of educational, counseling, referral and other services designed to encourage and support elderly foster parents and disabled relative caregivers participating in the relative caregiver program in order to maximize family stability and success of the program.

TEXAS

2005 Laws, SB 6, Art. 1, Sec. 1.26 - Requires the development of a child placement resources form that requires the parent or legal guardian of a child who might be removed due to a child abuse or neglect allegation to identify three individuals who could be relative or designated caregivers.  Requires the form be presented at the status hearing if not presented before.  Requires the department to develop an informational brochure for parents and potential relative caregivers explaining their rights and responsibilities. 

Art. 1, Sec. 1.33 Requires the department to conduct a background and criminal history check of those relative or designated caregivers, prior to a full adversary hearing.  Requires the department to evaluate each potential relative caregiver listed on the form and to complete a home study of the most appropriate caregiver prior to the adversary hearing.  Requires that the department continue to explore substitute caregiver options while searching for and evaluating relatives and does not apply timeframes to relatives or other designated caregivers living in another state.

Art. 1, Sec. 1.50.  Requires the department to make the active recruitment and inclusion of senior citizens, especially foster grandparents, a priority in ongoing mentoring initiatives. Requires mentors to undergo state and national criminal background checks.

Art.  1, Sec. 1.62.  Defines designated caregiver as an individual who has a longstanding and significant relationship with a child and who is appointed to provide substitute care for the child, but is not licensed or certified to provide foster care.  Includes individuals who are appointed permanent managing conservator of the child after providing substitute care. 

Defines relative caregiver as a person related to a child by consanguinity who provides substitute care for the child, but is not licensed or certified to provide foster care.  Includes individuals who are appointed permanent managing conservator of the child after providing substitute care. 

Requires department to develop and procure a program to promote continuity and stability for children for whom the department is managing conservator by placing those children with relative or other designated caregivers.  Requires department to facilitate relative or other designated caregiver placements by providing assistance and services to those caregivers. 

Requires department to administer the program using Title IV-E funds to the extent permitted by federal law.  Requires department to actively seek and use federal funds available to provide monetary assistance and additional support services to relative and designated caregivers.

Requires department or other authorized entity to expedite administrative procedures to ensure the child is placed with a qualified relative or designated caregiver.  Requires department to conduct an investigation to determine whether proposed placement is in the child’s best interest.

Requires department, subject to the availability of funds, to enter into a caregiver assistance agreement with each relative or other designated caregiver to provide monetary assistance and additional support services to the caregiver.  Requires monetary assistance to be based on a family’s need and allows for:

A one time cash payment of less than $1000 upon initial placement of child or sibling group in order to assist the caregiver in purchasing essential child care items such as furniture and clothes.

Reimbursement of all child care expenses incurred while the department is the child’s managing conservator for children under 13 years of age or under 18 years of age for those children with developmental disabilities.

Reimbursement of 50 percent of child care expenses incurred after the caregiver is appointed managing conservator for children under 13 years of age or under 18 years of age for those children with developmental disabilities.

Reimbursement of other expenses not to exceed $500 per year for each child.

Requires additional support services to include case management services, referrals to appropriate state agencies, and family counseling not provided under Medicaid for an allotted period of time.   Requires department to coordinate with other health and human services agencies to provide assistance and services to relative and designated caregivers. 

Requires the department to collaborate with the State Bar of Texas and local community partners to identify legal resources to assist relative and other designated caregivers in obtaining conservatorship, adoption, or other permanent legal status for the child. 

2003 Laws, HB 1, Chap 1330 - Authorized the Dept of Protective and Regulatory Services to utilize up to $250,000 from funds appropriated for foster care payments to develop and implement a relative placement reimbursement pilot program in one region of the state.  Requires an evaluation.

2001 Texas Laws, SB 297, Chap 346 - Lowers from 50 to 45 the minimum age at which a grandparent may qualify for supplemental financial assistance for the care of a dependent child.  Raises the income eligibility level from 100 percent to 200 percent of the federal poverty level.

UTAH

2001 Utah Laws, SB 153, Chap 250 - Authorizes the state to place a child in emergency kinship placement rather than shelter care prior to a shelter care hearing.  Specifies conditions for such placement.

VERMONT

2000 VT Acts, SB 291, Act 162 - Creates permanent guardianship for minors where adoption and return to parental care are not reasonably possible.

VIRGINIA

2006 Va. Acts, SB 48, Chap. 360 - Requires a local board of social services, before making a foster care placement, to first seek out kinship foster care. Requires the

board of social services to adopt regulations for determining whether the child has a relative who is eligible to become a kinship foster parent. Provides that kinship foster care placements are subject to requirements and can receive benefits of other fostercare placements, including payment for the care of the child.

2005 SB78, Chapter 70 - Defines kinship care as the full-time care, nurturing and protection of children by relatives.  Requires a local board of social services to consider kinship care as an alternative to a foster care placement if it is in the child’s best interest.

2004 Va. Acts, SB 35, Chap. 814 - Requires the Department of Social Services to establish a subsidized custody program for children in foster care whose custody has been transferred to relative caregivers and for whom both reunification and adoption have been ruled out as placement options. Specifies that the program shall include the following:

• A one-time special-need payment for expenses resulting from assumption of a child’s care;
• Services for the child, including short-term casework, information and referral, and crisis intervention; and
• A maintenance subsidy equal to the prevailing foster family rate.

Authorizes the department to establish an asset test for program eligibility. Requires the department to seek all necessary federal waivers to implement the program and provides that the program shall not become effective until federal funds are made available through a federal Title IV-E waiver and an appropriation of funds to implement the purposes of the act is enacted during the 2004 legislative session.

2004 Va. Acts, SB 78, Chap. 70 - Requires local boards of social services to seek out kinship care options to keep children out of foster care and as a placement option for those children in foster care.

2000 VA Acts, SB 447, Chap 385 - Specifies factors that a court must consider before ordering permanent placement of a child with a relative.

WASHINGTON

2005 HB1280 - Extends the kinship care oversight committee, originally set to expire January 2005, until January 1, 2010.  Adds the requirement that the department consult with the committee in its efforts to better collaborate and coordinate services to benefit kinship care families.

2005, HB1281, Chapter 440 - Permits kinship caregivers to give informed consent to medical care for children in their care.  Provides immunity to health care providers and facilities.

2003 Wash Laws, HB 1233, Chap 284 - Requires the state to plan and implement strategies to prioritize the placement of children with kin when out-of-home placement is necessary.  Requires that the strategies include procedures to be used when searching for kin and procedures for conducting active outreach efforts.  Requires the state to collaborate with one or more community-based agencies to develop a grant proposal to establish at least two pilot projects to assist kinship caregivers with navigating the system of services for children in out-of-home care.  Specifies duties of kinship navigators.

Requires the state to establish an oversight committee to monitor and report on kinship care recommendations and implementation activities.  Requires the committee to draft a definition of kin, monitor implementation of the recommendations in the 2002 Kinship Care Report, partner with private entities to develop a public awareness campaign and assist with developing future recommendations on kinship care.  Sets membership for the committee to include a minimum of thirty percent kinship caregivers who shall represent a diversity of kinship families.  Requires statewide representation with geographic, ethnic and gender diversity.  Membership may include departmental representatives, other state agencies, child advocates, private nonprofits and business sectors, representatives of Washington state Indian tribes, legal or judicial representatives, birth parents, foster parents and others. Requires a report to the legislature.

2002 Wash. Laws, HB 1397, Chap 144 - Requires the state to convene a kinship care working group to brief the Legislature on policy issues regarding kinship care.

WISCONSIN

2005 Wis. Laws, SB 284, Act 232 - Revises definition of “relative” in the Children’s Code and the Juvenile Justice Code to include step-siblings, half-siblings, siblings-in-law, second cousins, step-uncles, step-aunts and any person of a previous generation as denoted by grand-, great- or great-great-. Clarifies the relationship of a child to a relative when a parent’s rights are terminated. Requires certain information be provided to a relative when a child is placed in the relative’s home. Authorizes child abuse investigations of non-caregivers.

2005 Wis. Laws, SB 606, Act 448 - Requires that the state child welfare agency, a county child welfare agency or a private child placement agency, before placing

a child for adoption, consider the availability of placement for adoption with a relative of the child. Requires such agencies, before placing for adoption a child who has a sibling in an adoptive placement, to consider the availability of a placement with the adoptive parent of the sibling.

1999 Wis Laws, AB 706, Act 133 - Extends kinship payments to caretakers of youths up to age 19 when the youth is enrolled with good academic standing in high school and is on course to graduate or receive a GED.