Definition of “Relative”
The first and most fundamental element of these identification and notification requirements is deciding which definition of “relative” to use. States have flexibility to define the term. In some states, the legislature has defined relative in its state laws for purposes of identification and notification, whereas in others the department defines it in regulation or policy. Moreover, some states only say “relative” in their identification and notification laws or policies, which require case workers to either look in another part of the law or policy or perhaps even to simply use their own judgment of who constitutes a relative.
It is best practice:
- to include the definition clearly where the identification and notice provisions are located in the Policy Manual, so that caseworkers can easily refer to it
- to include individuals considered relatives by Tribal custom and other "fictive kin" -- i.e., godparents and people with close, family like relationships with the child or family
- to use the same definition for the state's guardianship assistance program (GAP), if the state has such a program
Continuing Efforts to Locate and Engage Relatives
Federal law does not require any future notification or outreach to relatives beyond the initial 30 days after the child has been removed from his or her parent’s home. Some states, however, have included continuing identification and notification requirements in their laws or policies, in order to promote family connections for children in foster care.
Even before Federal law required identification and notification of relatives, Illinois’ notice law has had provisions that address the need for continuing efforts to maintain family connections -- including for visitation. According to the Illinois law, when relative placement is inappropriate, the agency must “continue” to make reasonable efforts to identify and locate relatives for visitation with the child and to perhaps serve as future placements unless these efforts are “futile” or not in the child’s best interest. [3]
Notification Exceptions Due to Family or Domestic Violence
Federal law provides for exceptions to the identification and notification requirements “due to family or domestic violence,” although it does not provide additional clarification. Most states also do not go into detail concerning when this exception can be applied, and we must be vigilant of the potential for an abuse of unsubstantiated “danger” allegations that may be due to family dynamics, rather than actual danger.
Arkansas is one of the few states that do go into some detail in its law:
The notice need not be sent to any adult relative or fictive kin who has: a) A pending charge or past conviction or plea of guilty or nolo contendere for family or domestic violence, (b) A true finding of child maltreatment in the Child Maltreatment Central Registry.It is not mandatory that this notice be sent. However, if it is determined that the relative may have a meaningful relationship with the child and the charge, conviction or true finding is such that the relative is not considered to pose a threat to the child, the notice may be sent.[4]
Title IV-E child welare agencies must identify and notify relatives/kin when children are removed from their parents. Not only is this practice required by law, but it is also of fundamental importance to supporting children and families. Please see the Kin-Engagement Toolkit and other resources on www.grandfamilies.org to help in this important work.
If you have any comments or questions regarding this summary, please contact its author: Ana Beltran, Generations United, at abeltran@gu.org.