What to Expect from the Child Welfare System

by Child Welfare Information Gateway

(Page 3 of 6)

After the children are placed in their home, kin caregivers may wonder what they can expect in their future dealings with the child welfare system. Much of the ongoing relationship with child welfare will depend on whether the legal custody of the children remains with the parents or kin caregiver (voluntary kinship care) or with the State or child welfare agency (kinship foster care). These two situations are addressed separately below:

Voluntary kinship caregivers may expect a range of assistance from child welfare caseworkers. In States where this type of arrangement is accepted and promoted by child welfare, kinship caregivers may find that caseworkers are involved in the following ways:

Ensuring safety. Caseworkers may need to ensure that the kin caregivers and their homes meet minimal requirements for the safety of the children. For instance, most States require that child welfare workers check on whether anyone in the household has a criminal record or a previous record of child abuse or neglect. The primary concern of the caseworker is for the safety of the children.

Visiting. In some States, the caseworker may make periodic visits to ensure that the children remain in a safe environment.

Offering services. Some States have services available for children and families in voluntary kinship care. For instance, these might include referrals to therapy for the children. (More information on "Services" is provided below.)

Changing the custody status. If the children's parent is not meeting the requirements set out in the service plan or if the children are placed in dangerous situations by the parent who has legal custody, the caseworker may help the kin caregiver to petition the court for temporary legal custody of the children. Or, the caseworker may go to court and petition to have the children placed in the legal custody of the State.

In some voluntary kinship cases, there may be very limited contact with the child welfare agency. Once the caseworker has completed background checks on the kin, the caseworker may be satisfied that the children are in a safe environment and may not contact kin again. In such situations, kinship caregivers who need help or services may need to contact the caseworker or locate community services themselves.

Kinship foster care includes much more involvement with the child welfare system, because the State has legal custody of the children. All States have requirements that nonkin foster parents must meet before they can care for children in their home through the foster care system. For kin caregivers in the foster care system, some States currently offer different requirements or will "waive" some of the standard foster care requirements. Also, kin caregivers are usually given some flexibility in the amount of time needed to meet the State's requirements, because the placement of the children is often unexpected.

Compared to voluntary kinship placement, caregivers in kinship foster care will find that they have more structured involvement with the child welfare system, as well as access to more services. Caregivers may find that some of this structure is helpful in dealing with the children's parents, schools, or medical care arrangements; on the other hand, caregivers have less freedom to make decisions on their own about the children. The following are some of the ways that the child welfare system may be involved in kinship foster care:

Ensuring safety or licensing standards. Caseworkers will check to see if the kinship caregiver or any other adult living in the home has a criminal record or a record of child abuse or neglect. Caseworkers may be required by the State to consider the size of the home, the income of the caregiver, others who live in the home, and available transportation. Kinship caregivers may be required to enroll in foster parent training. Caregivers should ask whether they are required to be licensed in order to care for the children, and whether licensing will allow them to receive foster care payments.

Supervision/Support. The caseworker will support all the family members to ensure the children are safe and doing well. To do this, part of the caseworker's job usually includes making telephone calls and periodic visits to the home. The caseworker may also provide referrals for services, such as counseling. In most situations, the relative caregiver will be the person who takes the children to the doctor or health clinic and deals with any school situations. In some situations, the caseworker will have more responsibility for making arrangements for these services. The caseworker and family members, including the kin caregivers, should work together to ensure that the children's needs are met.

Arranging visitation with parents. In most situations, the court will encourage the parent or parents to visit their children. The caseworker will work with the parents and kin caregivers to set up the schedule and make arrangements for the visits. In some cases, kin caregivers may be responsible for providing transportation for the children or for supervising the visits in their own home.

Service planning. With input from the parent(s) and often from the children, other relatives, and other involved adults, the child welfare agency will develop a service plan (sometimes called a "case plan" or "permanency plan"). The service plan covers two major issues:

About the Author

www.childwelfare.gov
Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.