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Model Law: Act to Protect Due Process For Families Facing Potential Separation

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This model law developed by the Hidden Foster Care Coalition was adopted and finalized by ALEC (American Legislative Exchange Council) on January 6, 2026. This model law sets clear legal guidelines to establish parameters and processes for short term arrangements that enable relatives and fictive kin to play constructive roles in caring for children during investigations when the alternative to these arrangements would be placement of the children into foster care. Model laws provide a legislative framework for states to implement at the state level.  

Enhancing Due Process, Equitable Support, and Transparency in Foster Care Placements through a Supported Kinship Diversion Model

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Policy proposal from the 2025 Congressional Coalition on Adoption Institute's annual Foster Youth Internship Program report. Recommends promoting due process, equitable support, and transparency in informal foster care placements by providing parents with legal counsel immediately at the time of interaction with CPS, expanding financial and supportive services for informal kin caregivers, tracking data about the use of kinship diversion, and collaboration between probate and juvenile courts for guardianships.

Coalition to End Hidden Foster Care website

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Managed by the national Coalition to End Hidden Foster Care, this website explains how out-of-court family separations can be harmful to children, parents, and caregivers. The site contains links to resources on hidden foster care as well as news and personal stories from families impacted. The site also has an option for families who are impacted to share their story or get involved in the Coalition.

AECF New Insights on State Kinship Diversion Policies

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The Annie E. Casey Foundation has released its third brief in a five-part series  - Family Ties: Analysis from a State-By-State Survey of Kinship Care Policies - based on survey data collected in 2022 for the AECF by Child Trends.  This brief,  New Insights on State Kinship Diversion Policies, examines survey data related to state’s policies for creating, overseeing and tracking diversion arrangements and the resources made available for children and kinship caregivers in diversion arrangements.

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