Kinship Care Legislative Policy Network News

Chapin Hall Study : Placement Stability in Illinois – How Does Relative Placement Contribute to Placement Stability?
2005 Legislative Summaries: Relative Placement Legislation
Minnesota’s Focus on Kinship Care: How Relative Placement Relates to Better Outcomes for Children
Washington House Bill 3139

Once again, we would like to welcome you to the NCSL Kinship Care Legislative Policy Network - your source for the latest news and information on kinship care policy across the states. This month’s issue is focused on states’ relative placement initiatives.

CHAPIN HALL STUDY: PLACEMENT STABILITY AND RELATIVE PLACEMENT IN ILLINOIS

A key finding in a new report recently released by Chapin Hall (Center for Children at the University of Chicago) indicates that the average number of placements children experience while in care could be effectively reduced by placing them with relatives at entry into care. This allows children the stability of relative homes without requiring them to endure a subsequent change in placement. State administrative data analyzed in the report showed that placement with relatives almost halved the likelihood that a child will experience a placement change. In fact, an increase in the average number of placement changes over the last decade occurred at the same time as a decline in the proportion of children placed with relatives at entry into care. To see the full report, go to: http://www.chapinhall.org/article_abstract.aspx?ar=1423

2005 LEGISLATIVE SUMMARIES: RELATIVE PLACEMENT LEGISLATION

In 2005, a number of states worked on issues related to promoting placement of children with relatives. Arizona required the kinship foster care program to promote relative placement. Colorado required a parental affidavit that lists all relatives for potential placement. Maryland required the courts to give priority to a child's relative. Montana required a departmental investigation to determine whether custody should be awarded to a relative; a written explanation is required if custody is denied. New York required that relatives be informed of all proceedings regarding a child in need of placement and of the opportunity to become a foster parent. The legislation also required an immediate investigation to locate all suitable relatives when a child is removed from home and allowed the court to authorize a home investigation and to expedite approval of the relative as a foster care parent if the home is certified. Pennsylvania enacted the Resource Family and Adoption Process Act which includes provisions requiring resource parent families (including kin) to be treated equitably during the foster and adoptive process. South Dakota required 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. The legislation will allow 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. Finally, Texas enacted provisions that developed a child placement resources form which requires a parent to identify three individuals who could be relative or designated caregivers and expedited departmental administrative procedures to ensure a child is placed with a relative or designated caregiver. To access the NCSL report, please go to: http://www.ncsl.org/programs/cyf/kinshiphigh.htm. If you would like copies of the legislation, please email nina.mbengue@ncsl.org.

MINNESOTA’S KINSHIP CARE : HOW IT RELATES TO BETTER CHILD OUTCOMES

The federal Child and Family Service Reviews (CFSRs), administered by the Children’s Bureau, indicate that relative placement is strongly associated with placement stability and achieving reunification or transfer of permanent legal and physical custody to a relative (Administration of Children and Families, 2004). Research from the Casey Family Program (2005) also supports these finding and indicates that relative placement is conducive to frequent and quality visits between children and their biological parents, which in turn, supports strong parent/child relationships. In addition, children placed with relatives are more likely to be placed with their siblings.

Findings from Minnesota's 2003 CFSR indicate that relative placement was a strength in 82% of the cases reviewed in 2003 and 2004. In fact, according to the Minnesota Department of Human Services Child Welfare Reports (2000-2004), the number of children placed with relatives has risen annually over the last four years.

One of the best practices identified to contribute to these outcomes is to intensify relative search efforts within the first 72 hours of the placement. Efforts to engage parent participation in the relative search and assessment process is critical to timely identification of potential relative caregivers. When attempting to find placement resources, relatives must be considered first and they are considered to be the preferred placement resource. As soon as possible after determining the need for placing a child out of the home, relatives must be identified and receive notice of the child’s need for out-of-home care. Go here for the Minnesota statute (Statute 260C.212): http://www.revisor.leg.state.mn.us/stats/260C/212.html.

Once relatives are identified, their capacities to meet the child’s individual needs are assessed.

Issues like whether or not the relatives can provide for the child’s safety, support reunification, provide visitation, and potentially serve as a permanent placement option are considered. To see the full Minnesota PIP TIPS Report, go to: http://www.dhs.state.mn.us/main/groups/children/documents/pub/dhs_id_053299.pdf.

WASHINGTON HOUSE BILL 3139 SIGNED BY GOVERNOR

Washington recently passed new legislation allowing kinship caregivers to give consent for minors in their care to receive mental health care. The legislation defines a kinship caregiver as, “a competent adult representing himself or herself to be a relative responsible for the health care of a minor.” To see session law, go to: http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202006/3139.SL.pdf.

STATE PROGRAM HIGHLIGHTS

Please let us know if you would like your state’s kinship care initiatives highlighted here or if you would like more info on a particular state or program email Kyle.ramirez@ncsl.org or Rachel.yarbrough@ncsl.org.

If you have any questions, please contact the NCSL staff listed below:

Nina Williams-Mbengue, Program Principal, nina.mbengue@ncsl.org
Steve Christian, Program Director, steve.christian@ncsl.org
Rachel Yarbrough, Research Analyst Intern, rachel.yarbrough@ncsl.org
Kyle Ramirez, Research Analyst II, kyle.ramirez@ncsl.org

If you would like to unsubscribe from this network or refer someone else to the network, please contact Kyle Ramirez-Fry at 303/856-1507 or kyle.ramirez@ncsl.org. If you have comments or questions about the network, please contact Nina Williams-Mbengue at 303/856-1559 or nina.mbengue@ncsl.org. Again, we look forward to communicating with you on this issue.