Kinship Care WelcomeThank you for coming to NewFound Families Virginia for your kinship care questions.

Kinship care is age old tradition. Families have been helping raise relative's children throughout the generations. Whether because of military service, illness or death of the parents, incarceration, or inability of the birth parents to protect and care for the children; families have stepped up to take care of children...it is what we do, when we can.

Kinship caregivers often struggle with the financial impact of providing care for a relative's child, but it is more than that as these relatives are faced with a change in the family order as grandma becomes mother to the child, for example. These same relatives are also faced with the changing social dynamics of raising children now as opposed to the social environment when they raised their children. Health concerns and lack of support are also among the challenges for relatives.

NewFound Families recognizes these challenges and makes every attempt to assist families with navigating the system and identifying community resources. In addition, NewFound Families works to change laws and policies and help identify funding streams and strategies that could have a positive impact in the long run. WE are families helping families, and we hope we can offer support to your family as you navigate kinship care in Virginia.

Please contact us with any questions or concerns that are not addressed through the resources and support provided in this packet. Contact can be made by email at info@newfoundva.org or calling 1-888-2FOSTER.

NewFound Families

Types of Kinship CareIn Virginia, there are an estimated 70,000 grandparents stepping up as kinship families. There are basically three forms of kinship care:

There are relatives carrying for children only temporarily or with the parent living in the home and, therefore, do not take legal custody of the children and the children are NOT eligible for any government program or services, unless the whole family is eligible based on their whole income.

Some relatives have taken on sole physical or legal custody of the children and are then able to receive minimal government support for the children, such as Medicaid and TANF, child only payments, when the child has NO income. If the kinship caregivers both work, then child care may also be available.

An even smaller number of relatives get approved as foster homes (Kinship Foster Care) in order to provide care for a relative's child who has been removed from the birth parents as a result of abuse or neglect allegations or findings. In the case of Kinship Foster Care, the local social services department retains the legal custody of the child and is in control of the placement decisions. The relative will receive foster care payments and services but does not have the right to retain the placement without the consent of the local social services department. However, in Virginia after six months in placement there are two changes which can happen. First, the local department cannot remove the children from the kinship homes without agreement in a Family Engagement meeting or by court order (of course, the children can still be removed if there is a suspicion of abuse or neglect, also). Secondly, the kinship foster parents can request to have custody transferred to them and negotiate a continuation of some level of foster care payment and services be retained.

Transitioning into Kinship CareThe change that children experience when they enter foster/kinship care may be emotionally traumatizing for all but the infants or those children who may feel truly safe for the first time in their lives.

Caregivers may need to be reminded that the child is grieving and frightened and may be very angry, especially if this is not the first disruption in caregiving. Many children are in a state of emotional shock for the next few days to weeks after placement and may appear compliant and cooperative, when in fact they are in an acute phase of grief. Other children may present with or soon develop:

Difficulty sleeping,

Food hoarding,

Overeating or food refusal,

Frequent prolonged tantrums or periods of inconsolable crying, or

Aggressive behaviors toward children, animals, or adults.

Foster/kinship caregivers may need to be reminded that:

Children are grieving.

Challenging behaviors may emerge that have been adaptive in a previous environment.

Children who have been neglected or abused or exposed to domestic violence and chaotic caregiving may be very reactive emotionally to even small changes, let alone major ones like visitation or other children entering or leaving the home.

Older children and teens may be unable to sleep because of strange noises in the new home -Nightmares related to loss or prior trauma are common.

Children are often worried and anxious about their parents or siblings.

Some children adapt readily to being in foster/kinship care, whereas others struggle for weeks or months through this transition.

Source: Szilagyi, Moira. “Guidance for Foster/Kinship Families.”

Enrolling a child in schoolVirginia Code § 22.1-3 provides that public schools in each school division are to be free to school aged children who reside within the division. Prior to July 1, 2013, a child was said to reside in a division for these purposes only if:

The child lived with a parent (natural or adoptive) in the school division;

The child was from a military family, and was living with a non-custodial parent or other person standing in loco parentis, pursuant to a Special Power of Attorney, in the division;

The child’s parents were deceased, and the child was living with a person in loco parentis with someone who resided in the division;

The child’s parents were living but unable to care for the child, resulting in the child living with a person in the division (a) who has taken physical custody or has been granted legal custody of the child pursuant to a court order or (b) with whom the child had been placed by an agency for adoption;

The child lived in the division as an emancipated minor; or

The child was homeless and living in the division.

Often, when parents are temporarily unable to care for their children, they will decide to voluntarily place them with family members. However, for school-aged children, under the law prior to July 1st of 2013, such an arrangement would present issues when it was time to enroll them in school. Under the limited language of Virginia Code § 22.1-3 (above), voluntary placement of a child with a relative did not allow the child to attend public schools in the relative’s division, unless there was a court order granting the family member custody or guardianship, or an agency had placed the child with the family member for adoption.

This has often presented parents with the terrible dilemma of having to essentially choose between (a) turning the child over to the court system or even giving the child up for adoption, or (b) keeping the child when they were unable to care for them.

However, under the change in the law that went into effect on July 1st, 2013, parents who find themselves in such predicaments do not have to make such a decision. The change in the law stems from SB 960, initiated by NewFound Families, legislation that amended the Virginia Code to allow children who are placed with an adult relative to attend school in the relative’s division, without a custody order or placement for adoption, under what is called a “temporary kinship care” arrangement.

Requirements of Kinship Care Arrangements for School EnrollmentUnder the new law, a school division may require one or both parents and the relative providing kinship care to submit signed, notarized affidavits (a) explaining why the parents are unable to care for the child, (b) detailing the kinship care arrangement, and (c) agreeing that one of the parents or the adult relative will notify the school within 30 days of when the kinship care arrangement ends. The school division may also require a power of attorney authorizing the adult relative to make educational decisions regarding the child.

The school division may also require a parent or kinship care provider to obtain written verification from the department of social services where the parent or parents live, or from both that department and the department of social services where the adult relative lives, that the kinship arrangement serves a legitimate purpose that is in the best interest of the child other than school enrollment.

Finally, if the kinship care arrangement lasts more than one year, the school division may require continued verification directly from one or both departments of social services as to why the parents are unable to care for the child and that the kinship care arrangement serves a legitimate purpose other than school enrollment.

This important legislation went into effect on July 1, 2013 and was unanimously made a permanent law in 2016.

TANF (Temporary Assistance for Needy Families)

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Virginia Temporary Assistance for Needy Families (TANF) Program

The TANF Program provides temporary financial assistance to eligible families with children. Children living apart from their parents and living with a family member responsible for the supervision and care of the child may be eligible for TANF benefits, too. The family member, a caretaker relative, may apply for benefits for the child only or, if financially needy, for himself and the child. Legal custody of the child is not required; however, proof of relationship by blood, marriage or adoption is required. There is no degree of relationship requirement.

A caretaker relative who is not the child’s parent, but is responsible for the supervision and care of the child may be the child’s:

Grandmother, grandfather, sister, brother Aunt, uncle, niece, nephew, cousin Stepmother, stepfather, stepsister, stepbrother, step-grandmother, step-grandfather

Description of the TANF Program The Virginia TANF Program is managed by the Virginia Department of Social Services, Benefit Programs Division, and administered by local departments of social services. Information regarding TANF and other forms of assistance available through the Virginia Department of Social Services can be found online at http://dss.virginia.gov. To be eligible for TANF, certain eligibility factors must be met. For a child to be eligible, he must be:

1. Under age 18 or if 18, but not yet 19, enrolled in and attending a secondary school or its equivalency and expected to graduate prior to or in the month he attains age 19;

2. Living in the home of a parent or a caretaker relative responsible for the child’s supervision and care;

3. A resident of Virginia; 4. A citizen of the United State or an eligible immigrant; and 5. In need of financial assistance.

Additionally, a parent or a caretaker relative must provide a social security number (SSN) or proof of application for an SSN for himself and the child; participate, as required, in the Virginia Initiative for Employment not Welfare (VIEW) Program, unless otherwise exempt; provide a written declaration of citizenship or alien status; comply with the compulsory school attendance requirement; and cooperate in identifying the parents of a child, establishing paternity and obtaining child support.

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TANF payments are based on established standards of assistance and the number of persons in an assistance unit. The TANF assistance unit is composed of individuals living in the same household who meet all eligibility requirements. The assistance payment will include the needs of all such individuals. Pursuant to Virginia Administrative Code, 22VAC40-295-50, income eligibility for TANF cases is based on the countable income of the assistance unit. A parent or nonparent caretaker relative who applies for TANF benefits for himself and a child or children must verify his income and income received for the children. The income will be evaluated in determining TANF eligibility for the assistance unit. A caretaker relative, other than a parent, may apply for TANF benefits for a child or children only. When applying for a child or children only, the nonparent caretaker relative’s income is not evaluated in determining TANF eligibility for the children. Countable income received for the children (e.g., social security benefits) will be evaluated in determining the assistance unit’s eligibility for TANF benefits. The appropriate standard of assistance, less all countable income of the assistance unit, is the amount of the monthly TANF payment. TANF cases may be subject to a 60-month lifetime limit. Additionally, an assistance unit participating in the Virginia Initiative for Employment Not Welfare (VIEW) Program is limited to 24 months of TANF eligibility followed by a 24-month period of TANF ineligibility up to receipt of 60 months of TANF. CommonHelp CommonHelp is the Commonwealth of Virginia’s self-service online application system that allows individuals to screen for potential eligibility for cash, food, medical, energy and child care assistance by answering a few questions. The screening tool does not make a final determination of eligibility. To receive an eligibility determination, an individual must submit an application for benefits. Click here to screen for eligibility. Through CommonHelp, individuals may also apply for assistance online, renew existing benefits, report changes and check benefits.

Resources When determining eligibility for TANF benefits, the Virginia TANF Program does not count liquid or non-liquid resources. The most common liquid resources include, but are not limited to, cash, checking and savings accounts, CDs, stocks, bonds, mutual funds, certain types of life insurance and certain trusts.

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Income Eligibility

In order to determine the TANF assistance unit’s need, the assistance unit’s gross countable income (earned and unearned) is screened at 185% of the appropriate standard of assistance. If the assistance unit’s countable income exceeds 185% of the standard of assistance, the assistance unit is not eligible for TANF.

If the assistance unit is determined to be in need (the gross countable income is equal to or less than 185% of the standard of assistance), the TANF payment is calculated. Earned income disregards are applied to countable earned income. There is a wide variation in shelter cost within the State of Virginia. Consequently, two groups of standards have been established. All localities (cities and counties) in Virginia have been assigned to a group. Click here to view the groupings.

The amount of a TANF payment is based on the locality’s grouping and the size of the assistance unit. The maximum TANF payment for assistance units of six or more persons in a Group II locality is $516. The maximum TANF payment for assistance units of six or more persons in a Group III locality is $614. Household Size

Maximum Income 185% of Standard of Assistance Group II

Standard of Assistance Group II

Maximum Income 185% of Standard of Assistance Group III

Standard of Assistance Group III

1 $345 $187 $482 $260 2 506 274 643 347 3 638 344 776 419 4 761 411 899 486 5 899 486 1,069 578 6 1,006 543 1,170 632 7 1,122 607 1,294 699 8 1,254 678 1,424 770 9 1,365 738 1,536 830 10 1,486 804 1,655 895 Each person above 10

$123 $67 $123 $67

Maximum Reimbursable Payment

$516 $614

Medicaid Many children being raised by relatives are eligible for medical insurance through either Medicaid or the Children’s Health Insurance Program (CHIP). Medicaid provides coverage for many health-care expenses for low-income children and adults, including visits to the doctor, checkups, screenings, prescriptions, and hospitalization. State CHIPs cover many of these costs for children who are not eligible for Medicaid, although each State has different rules for eligibility and coverage. In most cases, only the child’s income is used to determine eligibility for Medicaid or CHIP, not the income of the kinship caregiver. Caseworkers can direct kinship caregivers to the appropriate agency to apply for health insurance coverage through these programs. Every State permits grandparents or other kinship caregivers to apply for Medicaid or CHIP on behalf of the children for whom they are caring. Most States do not require the caregiver to have legal custody in order for the children to be eligible.

PermanencyReunification

Reuniting children with a parent or parents is the first choice of child welfare agencies when this option will ensure the safety and well-being of the children and provide a permanent family for them. Family reunification can occur when the judge agrees that the parents have met the goals set out in their service plan, for instance, the completion of substance abuse treatment. Each State has different laws, and it is the judge in a review hearing or permanency hearing who makes the decision to give custody of the children back to the parent. The judge bases this decision on evidence from the parent, the child welfare worker and agency, other adults who may be involved, and often, the children and the kinship caregiver.

Custody

Custody can be physical, only, meaning that the child is living with you without the authority of the law. Legal custody indicates that the kinship family has gone to court to receive the legal authority to raise the child. Federal law encourages States to consider a relative rather than a non-relative when seeking a custodian for a child who cannot return home.

When a grandparent or other relative becomes the child’s legal guardian, legal custody is transferred from the State to the relative by a court; therefore, in most circumstances there is no further involvement by the child welfare agency.

In custody arrangements, parents’ parental rights are not terminated. Thus, grandparents or other relatives who are serving as the parents may still involve the birth parents in the lives of the children, unless there is a court order indicating differently. In addition, the birth parents and/or legal custodians can make a request to the courts that the children be returned to the custody of the birth parents.

Kinship caregivers who become the child’s custodians have legal and physical custody, act as the child’s parent, and make decisions about the child. Birth parents often retain some visitation or other rights. Custody is especially appropriate if the children are older and want to maintain some ties with their parents or if the grandparent or other relative caregiver prefers not to have the parents’ rights terminated (as in adoption) but needs to establish a permanent legal arrangement with the children in order to be able to make education, health care, and other decisions for the child.

Adoption

Some kinship caregivers choose to adopt the children in their care. Since adoption is often the agency’s preferred permanency plan for children not returning to their parents, relatives may adopt in order to keep children living with biological family members. Adoption assistance (subsidies) may be available to kin families who adopt; however, they would no longer be eligible for temporary assistance, unless the whole family income met the requirements.

As with foster care and custody, the child welfare agency must ensure that the home and prospective adoptive parents meet certain State standards for the safety and well-being of the children. Standards for adoption may be more stringent than those for foster care in some states. These requirements and standards will apply even for kin who have been caring for the children under a foster care arrangement. In the case of kinship care adoption when the kinship caregiver has the legal and physical custody, the court may appoint a Guardian ad litem to review the home and interview family members and, then, make a report to the court if recommendations.

Children can be adopted only after the court has terminated all the legal rights of the parents or the parents have voluntarily surrendered their parental rights permanently. A court must finalize the adoption. Depending on their age and the State law, courts will often ask the children if they agree to the adoption. For children with special needs who have been in foster care, there may be ongoing adoption assistance (subsidies) available to kin who adopt. Or, if the child is eligible for some social security disability benefits, the child will qualify for adoption assistance as well so long as the assistance is finalized prior to the adoption finalization.

Once the adoption is finalized, the kinship caregiver becomes the legal parent of the child and there is generally no further involvement by the child welfare agency after that finalization, except in circumstances involving adoption assistance. The kinship caregiver will have all legal rights to make decisions for the child, including any visitation with birth parents.

How Can I Become an Approved Kinship Care Foster Parent? Apply to become a foster parent at the local department of social services or a private

agency.

Work with the assigned social worker to complete a home study assessment that provides an in-depth opportunity for the social worker and you to decide if becoming a foster parent is right for you.

Consent to a criminal background check and a child abuse/neglect record check.

Complete the local department of social services required training for foster parents.

Questions & AnswersIf I do not take the child into my home when I am asked, what will happen if I change my mind later and want to have him or her come live with me?

Agencies are required by law to notify relatives within 30 days of removal that a childhas been removed from the birth parents’ home. At this time, they may ask the relative to take responsibility for the child on a temporary basis during the child protective services investigation. If the relative is not able to take responsibility for the child, then the agency will either look for another relative or take custody and place the child with a foster parent.

If you decide that you can care for your relative’s child after the child is placed witha foster parent, the agency must consider the child’s bond with the foster parent and the best interest of the child before making a placement change.

If I do not take the child into my home but want to have a relationship with the child, can I?

Maintaining family ties is important for children and much of the federal legislation in recent years addresses the importance of finding relatives and supporting the relatives’ ties to the child. Agencies and courts will consider if and when communication and contact with relatives is in the child’s best interests. Relatives should ask about the kind of contact allowed and make it clear what kind of contact they want to have with the child. Be specific and be willing to negotiate. Often agencies will support the foster parent and the relative working out the details of the on-going contact so reaching out to the foster parents and discussing what works for them as well is a good place to start. There are a few states with visitation rights ordered to relatives in these situations, please be sure to check the laws in your state to determine if you have legal visitation rights. One resource for reviewing state laws is www.grandparents.org. Legal Visitation rights must be upheld by child welfare agencies when a visitation order exists.

What if the parents decide to surrender their parental rights to the child when the child is taken into custody by the child welfare agency and I am called by the agency to take the child? What options exist for me and how much time do I have to decide what to do?

The relative should ask the agency caseworker how much time there is to decide andwhat options exist. The relative may also want to explore taking the child into their home temporarily while deciding what to do next. However, the agency may or may not agree to such a temporary placement, so it is important to understand the agency’s expectations, as quickly as possible. You may also want to inquire about what supports and services the child may need based on their abuse or neglect experiences and what support and services are available from the agency. While children do better when placed with relatives that positive outcomes depends on supports and services provided to help them heal and grow.

What are some of the documents and other items I should ask for when taking responsibility of a child from the child welfare system?

While every child and situation are different, in general, regardless of whether you foster, adopt, or take legal custody of a relative’s child from foster care or child protective services. You should ask for the following:

Legal documents that will explain your social relationship with the child as a caregiver; such as a foster care placement agreement (if you are fostering).

Medical records the agency may have acquired while responsible for the child.

School records the agency may have that document the child’s progress and any special needs, such as an Individualized Educational Plan (IEP), if the child has special educational needs.

Any clinical or therapeutic progress notes or diagnostic work-ups the child may have had done while in care.

Names and numbers of any previous placements or relatives that want to stay in touch with the child.

Names and contact information of friends with whom the child may want to stay in contact.

If I decide to become a foster parent to the child, what resources can I expect in terms of funding and services?

To receive foster care funding for the child, your local agency must approve your home. This means going through a licensing or other approval process to become a foster parent. Federal law allows states to decide if they want to waive non-safety related licensing/ approval standards (such as the number of bedrooms) for relatives on a case-by-case basis. Relatives who become fully licensed foster parents can receive monthly foster care payments, Medicaid for the child, and often other services such as child care, respite care, and clothing allowances. Licensed/approved kinship foster parents receive the same benefits as other foster parents.

If I cannot meet the licensing or approval standards for foster care and the child isin foster care can I still take the child even though I am not a licensed/approved foster parent? Will I still get assistance to provide for the child?

In Virginia, the local agency may decide to do an emergency placement with relatives prior to placing a child in foster care. However, for a child to be placed with a kinship caregiver as a foster parent the family and the home must meet specific safety requirements. If the agency decides to recommend to the court that legal or physical custody be transferred to the kinship caregiver there is no assurance of any financial support for the kinship family. In this case, kinship caregivers should request that the agency provide in writing any supports or services that they will commit to the family for the care of the child. The kinship caregiver should also request the assistance from the agency to process TANF, Medicaid, and child care support.

Does my personal income have any effect on my eligibility to adopt my relative’s child?

When children are in foster care, the state wants to ensure that the family has enough financial resources to care for a child they adopt. As a result, families will be asked to explain their plan for financially supporting the child. If in foster care or eligible for Social Security disability payments, then the child will be eligible for adoption assistance.

If I take legal custody and then later decide to adopt, can I get an adoption assistance contract from the state?

Adoption assistance benefits are for children who are adopted directly from foster care or eligible for social security disability. Therefore, in most cases, you would not receive adoption assistance benefits if you adopted a child of whom you had previously taken legal custody or previously adopted prior to finalizing adoption assistance. There are two situations, however, where you can receive adoption assistance benefits even if the child is not in foster care at the time of the adoption:

1. If you took legal custody of a child who was in foster care through a federally funded (Title IV-E) subsidized guardianship program, you may receive adoption assistance benefits if you choose to adopt that child. The child would need to meet Virginia’s definition of special needs.

2. If the child receives SSI based on the child’s disability. Children who receive SSI for a disability can receive adoption assistance even if they weren’t in foster care. You would need to apply for, and enter into, an adoption assistance agreement with your local department of social services before adoption finalization.

If neither of the above situations applies, the only way to receive adoption assistance is if the child re-enters foster care before the adoption and is determined to meet the state’s definition of special needs.

What are the pros and cons to becoming a foster parent to the child and opting for legal custody of the child?

One of the most important facts families need to know is that as a foster parent there are few rights, they will have in directing the care of the children. Explaining to the kinship caregiver that while they may be able to get approved as a foster parent; as a foster parent the government will make almost every decision about the care of the child, including about whether or not the child will remain in their home.

It is important to balance that revelation with the fact that under foster care there would be more financial support available than is available under legal custody.

I am worried that the child may resent me for taking them from their birth parent. How do I deal with their resentment?

Workers may need to assist families in identifying counseling services with a professional experienced in addressing the needs of children in out-of-home placements prior to the final decision and action regarding placement, so that children get an age appropriate venue for asking questions and understanding the benefit of living with their relative. The counselor should include the relatives at some point in the therapeutic process, so that they can learn techniques for helping the child as well.

Will the child have emotional or behavioral issues that have resulted from abuse or neglect?

It is essential that information about the condition’s surrounding the child’s removal from home be provided to the kinship caregiver. This will help to understand any reasoning behind court orders and removal or visitation, and the importance of requests and orders around the placement and birth parent contact/visitation. It is important to ask the professionals for information about the child’s emotional and behavioral needs, as well.

Ask the professionals to be frank with you about what to expect to see in terms of behavioral or emotional needs. Ask for a community resource guide to help you find services when necessary. You will, also, need to ask about financial options available to you for covering these costs associated with meeting the child’s needs. Be aware there may be nothing more than some community volunteer resources, like food pantries, YMCA memberships, etc. Understand that caseworkers have high case levels and may not always be able to return calls to kinship caregivers. They may also be reluctant to return calls when they know there is nothing they can offer you. Be aware that most local departments have family preservation programs, parent training programs, and benefit services programs. These offices may be the best alternative for gathering support.

Why should I adopt rather than just take legal custody?

When there is no longer a possibility that a birth parent can care for the child, and you have been asked about your willingness to care for the child; then, it is critical that time is taken to ask critical questions about the specific advantages or disadvantages between adoption and legal custody for that child and that family. It is important at this time to develop a mutual respect and a healthy relationship with members of the agency staff, so that there is a team approach to helping your family. Respect and trust are not everything, but it is a good place to start. With that accomplished, everyone may be more willing to move forward and really HEAR what you have to say.

If the child is in foster care, and you are willing to adopt there are more likely to be financial and service benefits for the child that would actually come close to meeting the child’s needs.

If the child is in foster care, and you are willing to take legal custody it is important that you see in writing the financial differences. In this case, it may be advisable to identify a community resource for exploring the financial implications of legal custody as it relates to the families’ income and expenses. Getting help completing the benefits application; explanation about the benefits that may or may not be available; and identifying potential services the child may need and stating what options if any are available to pay for those services should be done prior to accepting a placement as a kinship caregiver.

Full disclosure can help to limit the potential for a placement disruption as the child becomes more comfortable in the placement and, perhaps, begins to act out in ways you may not understand or be equipped to handle as the child’s kinship caregiver.