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What is Kinship Care?

Explore the benefits and challenges of kinship care, understand the legal aspects of custody and guardianship, and discover financial support options for caregivers.
Published on
June 18, 2024
Presented by Givers
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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?

What is a family caregiver's role?

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.

3 types of kinship care

  • Formal kinship care occurs when a child welfare agency places a child with a relative and provides the caregiver with financial assistance and support services.
  • Informal kinship care is a private arrangement between family members or close friends. A child welfare agency is not involved.
  • Fictive kinship care involves a non-relative adult who has a close relationship with the child, such as a godparent, family friend, or neighbor.
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Benefits and challenges of kinship care

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.

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Legal custody and guardianship

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.

Do you need legal custody or guardianship?

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:

  • Parental involvement: If the child's parents are still involved, you may only need legal custody to make certain decisions with their input.
  • Long-term care: If you plan to raise the child long-term, guardianship might be best to have legal authority to protect the child's best interests.
  • Financial resources: If the child has financial resources, guardianship might be necessary to manage them responsibly.

Seeking legal guidance

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.

Financial support for kinship caregivers

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:

  • The Temporary Assistance to Needy Families (TANF) program provides financial assistance to low-income families while also helping them become self-sufficient. There are two types of grants under TANF for which kin caregivers may be eligible: child-only grants and family grants. However, most States do not allow children cared for by fictive kin or family friends to access TANF child-only or family grants.
  • Foster care payments are often available to caregivers in formal kinship care arrangements if they become fully licensed foster parents. Requirements for receiving these payments vary from state to state.
  • The Title IV-E Guardianship Assistance Program (GAP) is a federal program that ensures the permanency of children in foster care. In some states, licensed relative foster parents who become permanent guardians may qualify to receive ongoing monthly assistance for the children in their care.
  • SNAP (Supplemental Nutrition Assistance Program) is a federal food stamps program for low-income families. Household income determines eligibility, including relative children in family size.

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.

Related article: What is the Title IV-E Guardianship Assistance Program? >>

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