Have you ever cared for a child who is not your biological child? Maybe you've cared for a grandchild, niece, nephew, or close family friend.
With kinship care, children live with relatives, close family, and friends instead of their birth parents. So, what are the benefits and challenges of kinship care? And what legal hoops do you need to jump through?
Kinship care involves children and youth living with relatives, such as aunts, uncles, grandparents, siblings, extended family, or close family friends. If the environment at home is unsafe, kinship placements are preferred because they can help maintain family connections and cultural traditions and minimize the trauma of separation. "Placing children and youth with relatives can help improve the child welfare system, making it more supportive of families. By engaging with families, providing culturally sensitive training and services, and offering fair support, we can positively impact the stability and permanency of children, youth, and families.
Kinship care offers numerous benefits for both children and caregivers. Children experience stability and a sense of security knowing they are with loved ones, allowing them to maintain their cultural identity and build stronger bonds with their relatives. This form of care reduces the trauma of parental separation, provides positive role models, and strengthens family ties. For caregivers, raising a child brings a sense of purpose and emotional rewards, potential financial assistance, and access to support services like counseling and training.
Despite its benefits, kinship care also presents several challenges. Caregivers often face financial strain, as raising a child is costly, even with financial aid. Emotional stress and anxiety can be significant alongside complex legal issues related to custody and guardianship. Social isolation, lack of resources such as childcare or counseling, and dealing with children's behavioral problems can add to the burden. Additionally, health concerns, differing parenting styles, grief and loss from parental separation, and uncertainty about the child's long-term living situation further complicate kinship care.
Both custody and guardianship involve legal authority over a child's well-being, but the extent of that authority differs.
Physical custody refers to where children live. If your grandchildren or niece and nephew live with you, you have physical custody of them. You may feed and clothe them, help them with their homework, and care for them when sick.
Legal custody gives the legal right to decide about the children, such as where they live. Parents have legal custody of their children unless they voluntarily give that custody to someone else or a court takes away this right. Whoever has legal custody can enroll the children in school, permit medical care, and provide other legal consents. The same person does not necessarily have both physical and legal custody.
Guardianship gives you broader legal authority than custody, often including the responsibility to manage the child's finances and property. Depending on the situation, guardianship can be temporary or permanent.
Whether or not you need to become a guardian or get legal custody depends on the child's situation and your desired level of responsibility. Here are some factors to consider:
The decision to pursue legal custody or guardianship is complex. Consulting with an attorney specializing in family law is highly recommended. Family attorneys help you understand your rights and navigate the complicated legal process.
Legal representation can be expensive, but many organizations offer free or low-cost legal aid to kinship caregivers. Don't hesitate to seek professional guidance to protect the child's best interests.
Kin caregivers may need help with the costs of providing for the children in their care. Depending on several factors, including age, income, the child's disability status, and the legal status of the caregiving arrangement (i.e., voluntary or foster care), financial support may be available.
The following are some of the programs that may be available to you:
To determine what government benefits you may be eligible to receive for kinship care, visit Benefits.gov. You can also explore Kinship Navigator Programs, which provide information, referrals, and support to connect caregivers to the benefits and services they and the children need.
Kinship care is a vital part of the child welfare system. Kinship caregivers provide a loving and stable home for children in need. If you are a kinship caregiver, you are not alone. There are many resources available to support you on this journey. Stay positive, and remember that your dedication makes a significant difference in a child's life.
