Relative Care 624-05-15-50-20

(Revised 4/3/2023 ML #3716)

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Federal law under title IV-E of the Social Security Act requires public agencies to consider relatives of the child as a placement preference while the child is in foster care, provided that the relative caregiver meets relevant standards. Relative placement minimizes loss, promotes timely reunification and placement stability, as children placed with relative’s experience fewer placement disruptions than children placed with non-related foster parents. Preserving the child’s existing personal and cultural connections can be achieved by engaging in placement with relatives.

 

N.D.C.C. 27-20.3-01 Child Welfare:

"fit and willing relative or other appropriate individual" means a relative or other individual who has been determined, after consideration of an assessment that includes a criminal history record investigation under chapter 50-11.3, to be a qualified person under chapters 27-20.1 and 30.1-27, and who consents in writing to act as a legal guardian.

 

N.D.C.C. 50-11 further defines placement of a child in a home other than parents, can be with an "Identified Relative”:

  1. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt, uncle, great-uncle, nephew, niece, or first cousin;
  2. An individual with a relationship to the child, derived through a current or former spouse of the child's parent, similar to a relationship described in subdivision a;
  3. An individual recognized in the child's community as having a relationship with the child similar to a relationship described in subdivision a; or
  4. The child's stepparent.

 

In order to verify prospective identified relatives, the agency must complete a comprehensive search via the relative search policy. Relative caregivers are not required to become licensed foster parents; however, the option should be offered if financial support is necessary to care for the child’s needs while he/she remains in public custody. Foster care funding is available only to licensed foster care providers. In lieu of becoming a licensed foster parent, the relative may choose to apply for TANF Kinship program “for child only”.

 

Best practices indicate that when a child is placed in an unlicensed home of an identified relative caregiver, steps should be taken to ensure the appropriateness and safety of the placement. These steps should be completed as soon as possible and include, but are not limited to:

  1. A safety inspection of the physical structure where the child will reside.

  2. Abuse/neglect index checks of all adults living in the home.

  3. A check of the NDCOURTS website, and surrounding states if appropriate, for all adults living in the home.

  4. Fingerprint based criminal background checks for all adults living in the home.