Relative Involvement in the Foster Care System

Relative Involvement in the Foster Care System

When youth are separated from their parents, relatives often play a crucial role in providing support. Family support can offer meaningful, life-long impact in a child’s life as they transition into a new situation. Maintaining family ties and cultural connections is vital to a child’s continual growth, opportunity, and sense of stability and belonging.

The ACLU of Illinois advocates for increased opportunities for relatives to be involved in a child’s life. The ACLU has worked with parents, relatives, and youth to expand their rights in the foster care system, recognizing there is still much progress to be made. These efforts led the ACLU to pursue the Kinship in Demand (KIND) Act, which prioritizes relative placement and support.

How can relatives be involved in a child’s case within the foster care system?

Relatives can be part of a child’s life through visitation, providing other supports (like transportation, in-court support, etc.), or serving as a caregiver. If a relative becomes a certified relative caregiver, they have more access to resources and financial assistance provided by the Department of Children and Family Services (DCFS). DCFS is required to actively find and engage with relatives who may be able to offer support in a child’s case.

It’s important for relatives to have the opportunity to be involved in a multitude of ways and to maintain familial relationships. Children have a right to family integrity when they’re involved in the system, which includes maintaining those relationships and cultural connections. We recognize that caregivers often need additional support, and the KIND Act provides increased access to resources. With over 16,000 kids in care across Illinois, it’s essential that we equip ready and willing caregivers with all the tools available to set children up for success.

How are decisions made about whether relatives can visit and where a child lives?

DCFS must identify, contact, and engage with relatives that could serve as potential caregivers or be involved in the child’s life in other ways throughout the duration of a child’s case, even when the child has already been placed in a relative’s home. This is a continuous process, and the courts must provide oversight to ensure DCFS is fulfilling its obligations. In making its determinations, DCFS will assess whether the child will be safe, provided sufficient care, be in a suitable home, and that the child’s mental, physical, emotional, and educational needs will be met.

Does the Department of Children and Family Services provide supports for relative caregivers?

Yes. DCFS is required to provide monthly room and board payments to relative caregivers to support their caregiving efforts. Additionally, there are instances where the Department must help relatives access certain resources through financial assistance, like providing equipment for a relative’s home that may be needed in caring for a child. This could include items like a car seat or a bed, or assistance with home repairs like heating, cooling, electricity, or other structural issues. DCFS determines what “reasonable assistance” is on a case-by-case basis, but is primarily focused on the child’s needs and home safety.

Court-Related Resources

We’ve put together tip sheets for courtroom stakeholders to ensure that courts are providing the necessary DCFS oversight and that clients’ voices are heard under the new requirements of the KIND Act.

If you have additional questions about the foster care system or the KIND Act, please feel free to reach out to us directly at kind@aclu-il.org.