Informal vs Formal Kinship Care
There are several ways that children can be placed into the homes of grandparents, other relatives, or close personal friends. Understanding the differences is important because it will affect your rights, responsibilities, and permanency options, as well as the kinds of support available to you. Though there are two basic types of kinship care: informal and formal kinship care, the differences between them are not clearly defined in Virginia policy and in some ways, they are similar.
When considering legal arrangements, it is important to consult an attorney with knowledge of family and child matters. This will ensure that you have the most accurate and comprehensive information to make an informed decision.
Below is a discussion of the differences between the two types of kinship care.
Informal Kinship Care:
If you are caring for a child with the parent’s agreement or even some level of parental support, then you are considered an Informal Caretaker. In this case, even if the parents agreed to the plan, you have no legal rights, and the biological parents may take back care of the child at any time. Your lack of legal rights may present roadblocks to important aspects of care, including registering the child for school or making medical decisions.
Social Programs Available to Informal Kinship Caregivers:
Informal kinship caregivers can receive:
General Relief: Includes assistance for medical, dental, and burial expenses for children.
Food Stamps /Supplemental Nutrition Assistance Program (SNAP): Provides funds each month for food purchases at authorized retailers.
Woman, Infant, and Children Program (WIC): Provides nutritious foods, information on healthy eating, and referrals to health care for low-income women and children.
Medicaid and Family Access to Medical Insurance Security (FAMIS): Provides medical coverage for children under the age of 19.
Temporary Assistance to Needy Families (TANF): Provides monthly cash payments to meet basic needs. TANF assistance is a child only need and is based on the child’s income rather than the household income.
Preservation and Support Services: Includes various support groups and agencies to provide counseling and support to preserve kinship bonds/relationships.
See Kinship Care Resources for links
Formal Kinship Care:
If you are involved with the Department of Social Services and/or the Courts, then you are considered a Formal Caretaker. Please consult an attorney about your specific situation and the rights you have, based on Court Orders.
Types of Formal Kinship Care:
Legal Custody: Deciding whether to pursue custody of a child can be a very complex decision. To obtain custody, you must file a petition in the Juvenile and Domestic Relations District Court (typically, in the jurisdiction where the child resides). If you go to court and obtain legal custody of the child, you will be given the right and responsibility to make important decisions. If you obtain custody, it does not mean that the parents’ rights have been terminated. Custody orders can be changed through the court. Every family has its unique circumstances and deciding whether to pursue legal custody is a personal decision. See Process of Custody
Diversion: When there has been abuse or neglect issues with the parents, but the Department does not take custody of the child, child welfare staff will look for relatives who have a relationship with the child and who would like to provide for his/her care. The Department looks for relatives to prevent the child from coming into the legal custody of the government. This is called Diversion.
Kinship Foster Care: When there has been abuse or neglect issues and the Department takes custody of the child, you may become a kinship foster parent for the child, through a certification process. In this case, child welfare staff have the legal authority and responsibility to make decisions about the child. As a kinship foster parent you may be eligible for financial assistance while the child is in foster care. See Licensing Process & Requirements
Adoption: If reunification with the parents does not occur and parental rights are terminated in court, the child becomes eligible for adoption. If you adopt, you become the legal parent with all the rights and responsibilities associated with that role. In this case, the child may be eligible for financial support. See Process of Adoption
Supports Available to Formal Kinship Caregivers:
Formal kinship caregivers have access to the same programs as Informal kinship caregivers, plus:
Annual training: County offers opportunities to develop knowledge and improves skills to help caregivers meet the needs of the child.
Monthly stipend: County pays for the child’s basic care needs.
Assistance: Foster Care workers provide assistance in the management of the child’s behavior and links the child with services.
All Efforts Are Made to Pursue One of Three Permanency Goals for Every Child in Foster Care:
Return Home, Placement with Relatives or Adoption by a relative or non-relative
Return Home/Reunification
The goal of reunifying a child with birth parents or prior caregivers is, in most cases, the best plan for a child. However, if the worker concludes that it is not likely that the child can be returned to their prior family, the worker explores all opportunities for placing the child permanently with relatives (§ 16.1-281 B).
While the worker puts services in place to remedy the problems that brought the family to the Department’s attention, they also create a back-up plan, of custody to relatives or adoption. This is referred to as concurrent planning.
Placement with Relatives
The goal of “Placement with Relatives” is achieved when legal custody is transferred to relatives. The selection of this goal is made when the Department determines that the child cannot be returned to their previous caretakers within the time frame established by the Court. This goal may be selected if the child is over the age of 14 and does not consent to adoption, the relative does not wish to pursue adoption, or if the Department believes it would be in the child’s best interest.
Adoption
If reunification with the parents does not occur and parental rights are terminated in court, the child becomes eligible for adoption. If you adopt, you become the legal parent with all the rights and responsibilities associated with that role. In this case, the child may be eligible for financial support.
The goal of adoption is achieved after termination of parental rights. Termination occurs only when parent(s) or caregiver(s) are unable to meet the requirements outlined in the Service Plan within the time frame, as established by the courts. The Department then carefully selects the most appropriate permanent caregiver, which could be a relative or non-relative.
Processes of Custody and Adoption Common Challenges That Kinship Caregivers Face Licensing Process & Requirements
Kinship Care - Inquiry Form