Kinship care is the term used to describe care provided to a child in the conservatorship of the Texas Department of Family and Protective Services (DFPS) by relatives or by someone who they know and have a connection to, such as a close family friend (referred to as “fictive kin”). When a child is placed with a kinship caregiver instead of in a foster home or group setting, they may have a more stable and less traumatic experience. Living with kinship caregivers can help children maintain connections to their siblings, family members, culture, community, school, and other support systems while they are in care. Also, since kinship caregivers already have a relationship with the family, visitation can be more flexible, making spending time together a less formal and more normal experience.
If family reunification is not an option, children may have an option for legal permanency with kinship caregivers, which could include financial support provided by Permanency Care Assistance (PCA) agreements if the kinship caregivers meet certain qualifications. PCA can allow licensed kinship caregivers to receive financial support until the child turns 18. Courts are required to notify kinship caregivers who appear in court of the option to become licensed caregivers and possibly qualify for PCA.
Even if relatives or fictive kin cannot serve as a placement for the child, maintaining these connections can be a source of support for both parents and children throughout the case and after final orders. For older youth and young adults, maintaining connections to relatives or kin also provides an opportunity to enhance their social skills and to develop supportive, lasting relationships.
Judicial practices which support kinship caregivers and positive permanency involving kinship caregivers include the following:
Family Engagement
- Ensure the Parent Resources Form is completed before the Adversary Hearing.
- Develop a process to identify every relative and kin for a child in care. For example, utilize court staff to identify who appears on each case and then inform the judge.
- Ask children at every hearing about relatives and important adults in an age-appropriate manner.
Concurrent Planning
- Explain to parents what concurrent planning is and why it’s necessary; then discuss permanency options including PCA.
Licensing and Home Studies
- Be proactive about the licensing process. For example, confirm that the licensing process was initiated early in the case.
- Assess PCA eligibility as early as possible, including any policy or licensing waivers that may be needed and inquire at hearings about which PCA application documents are missing.
- Request that the CASA/GAL assist in helping caregivers to navigate the licensing process, including through the use of Collaborative Family Engagement.
- Consider ordering DFPS to conduct expedited and concurrent home studies.
Kinship caregivers may need support and guidance to help them provide for children in their care. DFPS created a Kinship Manual in English and Spanish and the Children’s Bureau developed materials designed to help kinship caregivers navigate the relationship with parents and support their efforts at reunification. DFPS also publishes a quarterly kinship newsletter, offers kinship support groups, and provides a kinship Facebook page. For more information on the importance of kinship connections, please see the annual DFPS report on its relative and designated caregiver program.
