Kinship Adoption and Guardianship In Arkansas
A few years ago, the tragic story of Gabriel Fernandez hit national news and devastated Americans across the country. Little Gabriel was an eight year old boy who, despite being the subject of dozens of CPS calls, was murdered by his abusive parents.
Unfortunately, cases like Gabriel’s happen every year. The Department of Family and Child Services (DFCS) tries to keep families together to avoid adding to the 203,770 children who already reside in foster care. That’s why children, like Gabriel, often fall through the cracks.
It’s far from a perfect system, but applying for kinship guardianship of a relative helps reduce the capacity of children placed in unfamiliar foster homes. Here, we will explore the essentials for kinship adoption or guardianship and how individuals can qualify for placement.
Who Can Qualify For Kinship Guardianship?
Take a moment to think about your extended family. Grandparents, aunts, uncles, cousins, siblings, stepparents — all of these relatives over 21 years old would qualify as a kinship guardian. In fact, any relative within five degrees of separation would qualify. This includes people like great grandparents, second cousins, and great aunts or uncles. It’s a wide scope, but it provides ample opportunities for children to stay with their family members.
If the child is placed with a paternal relative, it’s important to ensure that the father has established paternity. Without this, placement with a paternal relative can only occur if the father signs an acknowledgment of paternity, the child was born in marriage, or by court order.
Alternatively, a kinship guardian can be an unrelated adult who has a good, stable relationship with the child.
How To Prepare For A Home Visit
Once a prospective kinship guardian has been selected, DCFS will conduct a home visit to ensure the safety and stability of your dwelling prior to placement. The DCFS worker will perform a visual inspection of the home. They want to ensure that the kinship guardian has a clean, well-maintained house free of pests, mold, and other health hazards.
While the worker conducts the visual inspection, the kinship guardian needs to complete a state and FBI background check. DCFS is looking for any significant history that might disqualify an individual from becoming a guardian. Provided that the home and background check look good, kinship guardianship will most likely be approved.
The Benefits Of Becoming A Kinship Guardian
Being removed from the family home can be incredibly traumatic for children of all ages. The transition is difficult, but especially so for children who are placed with unfamiliar foster families.
Many foster homes receive basic information about the child’s situation prior to being in DCFS custody, but this information is next to nothing compared to what a relative would know about their family history. Criminal history, communication style, family medical records, mental health conditions — these are all factors that a kinship guardian would likely know ahead of accepting placement.
Therefore, by becoming a kinship guardian of a relative, you would know a child well enough to help them feel comfortable and assimilate into your home. It’s not an impossible task in an unfamiliar foster home, but it will take more time for a child to adapt to a brand new household with strangers.
If you are concerned about finances, kinship guardians are compensated monthly for housing their relative. Payments change depending upon the age of the child, so here’s what you can expect:
- Newborn to 5: $451
- Age 6 to 11: $484
- Age 12 to 14: $517
- Age 15 and up: $550
In addition, the child will qualify for Medicaid and receive a clothing voucher. This helps kinship guardians manage their family finances without breaking the bank by accepting another child into their home.
Ready To Adopt? Talk To The Law Professionals At Hickey & Hull
Some home placements are temporary, but for a handful of DCFS cases, children need a permanent residence outside of their parental home. If that is the case, kinship guardians can petition for permanent placement and formally adopt their relative. But the legal process can be intense, which is why kinship guardians should consider hiring a family law attorney to represent them in court.
The legal team at Hickey & Hull has experience helping Arkansas residents in court with CPS cases and our professionals can advise you on the proper steps to take in regards to adoption. Contact Hickey & Hull at (479) 802-6560 or speak to our live representative online to schedule your initial consultation today.