To best support the inclusion of kin in child welfare cases, it is critical that the agency first identify key family members and supportive resources as early in the case as possible.

When conducting a diligent search for kin, the agency should be sure to include both maternal and paternal relatives, tribal relations, and any individual with a significant relationship with the child or the child’s parents. Caseworkers can begin by asking the child, if age appropriate, and parents about kin and other connections during the investigation and at every interaction that follows, including at court. It is helpful to explain to the parents why identifying kin can help support the family during this time of crisis. Additionally, several advanced family finding strategies can be used by the agency, including the use of computer-based search engines and internet research tools, conducting a search of county records, and exploring social media. All efforts should be documented in the case file and, if possible, in the court report.

Agency attorneys should be prepared at every hearing to tell the court what efforts the agency has made to identify kin and satisfy their due diligence requirement, not only in the beginning of the case, but also throughout the life of the case to ensure children stay connected to kin.

At all hearings, judges should ask about the agency’s efforts to identify kin and ask the parents and children, in a developmentally appropriate manner and directly from the bench, to identify kin. Judges can take this opportunity to reiterate to parents the potential benefits to the child if they are placed with kin and explain that without a kinship placement the child may be placed with people they do not know. Judges have a role in ensuring the agency has exercised the required due diligence to identify kin, including inquiries about effective casework practice and technology resources used, and ensuring both maternal and paternal kin have been explored.

Parents’ attorneys have a unique role in working with parents to help identify possible placement resources and important kin who may be able to help or support the family. These conversations can begin with stressing the benefit of placing the client’s child with someone they know in order to minimize trauma and keep the child connected to family members. It is also important to explain that although notifying kin is a legal obligation of the agency, confidentiality regarding the allegations of the case must be maintained. During these conversations, the parents’ attorneys should listen and respect the parents’ wishes and advocate for their preferences regarding placement. If, however, a parent does not want the child placed with specific kin, it is important to learn why and determine what help the agency may need to provide to alleviate their concerns. Asking parents to help identify kin and placement preferences also assists with engaging the parents in the process by including them in the planning for the future of their child, thereby increasing their own empowerment.

Children’s attorneys should, in a developmentally appropriate way, ask their clients to help identify relatives and any other people who are important to them. Questions a child’s attorney can ask include who the client spends holidays with, who they call to share good news, who they feel most connected to, or who they enjoy spending weekends with. Depending on the child’s age, the attorney can ask if the child has a placement preference, maybe someone they have lived with before.

Identification and engagement of supportive kinship resources can also be helpful in prevention cases to support the family’s effort to keep the child at home. And if the child’s removal becomes necessary in the future, this kin engagement may assist with identifying a kinship placement. Therefore, it is important to ensure the agency starts the process of identifying kin as soon as the family is brought to the attention of the agency, prior to any removal.

Robust family finding and diligent search efforts should be made throughout the life of the case, therefore it is important to ask these questions not only at the first hearing, but also at subsequent hearings throughout the life of the case. Often agencies have strong family finding policies and practice at the beginning of the case to make the first placement with kin. However, it is important for these efforts to continue, even if the child has been placed with kin initially, in order to maintain connections between the child and kin and expand resources available to the child.

Finally, in cases in which the Indian Child Welfare Act (ICWA) applies, agency attorneys should ensure tribes are contacted and engaged early to avoid disruption in permanency planning later in the case. Child and parent attorneys should communicate with the agency any identified or suspected ICWA applicability.

Once the agency has identified kin, the Fostering Connections Act requires notice be provided to relatives within the first 30 days of removal from a parent’s custody. That notice must specify that the child has been removed and include:

1. options to participate in care or placement of the child, and any options that may be lost by failing to respond to the notice;
2. requirements to become a foster parent;
3. available services and supports; and
4. a description of the state’s kinship guardianship assistance program (GAP), if one exists.

Notice should be in writing, in plain language, and easily understood. It should contain contact information for the child welfare agency and stress how valuable kin may be to the family at this time of need, either as a placement resource for the child or as general support for the entire family.

Existing state and federal laws on confidentiality must be respected while still providing notice of the child’s removal. Therefore, agencies should share only the information necessary to comply with this requirement and not include the actual circumstances leading to the removal. If the child is placed with kin or the kin becomes involved in the child’s care, additional information may be shared, as appropriate.

All legal partners should familiarize themselves with the statutory, regulatory, and policy requirements for notice in the jurisdiction. Agency attorneys should provide the court with evidence of compliance with these notice requirements. Parents’ and children’s attorneys should inquire about whether notice has been provided and to whom, especially if the child has not been placed with kin.

The judge’s role includes asking at the first hearing about the agency’s efforts to notify kin within the first 30 days. The judge should also ask about notification and engagement as new kin are identified throughout the case. If all identified kin have not been notified, judges should ask why not. If applicable, judges should also ensure the required ICWA notices have been provided.

The only exception to the 30-day notice requirement is for a history of family or domestic violence. All legal professionals should understand how their jurisdiction approaches this exception and the court’s role in approving it. In some jurisdictions, the judge will review the agency’s request for an exception determination based on specific criteria and a concern that notice to that identified relative would not be in the best interest of the child or would put the child or parent at risk of physical, mental, or emotional abuse. All notice exceptions must be decided on a case-by-case basis and only then will the agency be relieved of their requirement to notify those specific relatives. Federal law does not allow jurisdictions to create any other exceptions.

Notice alone is not sufficient; the agency must also engage kin. Kin have reported that they may inadvertently overlook a letter they receive from an unfamiliar government agency. Therefore, follow-up efforts to engage kin must occur and may include phone calls, discussions of the various options to be involved, and invitations to participate in family team meetings. The agency and any legal partners working with kin must be mindful during this engagement with kin not to divulge confidential information.

Rember that the jurisdiction may allow placements with non-citizen relatives or those living outside the United States, as allowed under title IV-E. To engage immigrant families, consider translating written materials, using interpreters when necessary, and partnering with immigrant-serving organizations. For more information on placing with these relatives, see the kin placement section.

When engaging kin in the courtroom, focus on the strengths of the family and actively listen to each family member. Do not avoid the truth and be honest about the plan for the child and the purpose of the kin’s involvement with the family using appropriate language. See Tips for a Kin-Friendly Courtroom for more information.

Agency attorneys should provide the court with updates about kin engagement, including which kin are willing to be placement resources or a non-placement support for the family. Agency attorneys should be prepared to follow up with how the agency is engaging kin who are interested in supporting the family.

Judges also should inquire about efforts the agency has made to follow up on all identified kin resources. During hearings, judges can engage any kin present by exploring how they would like to best support the family so that the hearing order may reflect such involvement.

Children’s and parents’ attorneys should ask the agency if kin who have been identified by their clients have been engaged and what the results of this engagement have been – specifically, are they willing to be a placement or supportive resource for the family? If interested kin have not been properly considered as a resource, ask the agency why not and, assuming the client agrees, encourage the kin’s involvement.

All options for their involvement should be explained to kin, including as a placement, permanency, or visitation resource, and using resources from the jurisdiction. For information about the role of the legal community to ensure kinship placements, see the placement section and for information about permanency options for kin, see the permanency section.

Kin should be able to maintain and establish significant relationships with children in care. Remember, in addition to being a placement resource, kin can be a supportive resource for the parents, can maintain connections through visitation or phone calls with a child while they are living in another home or congregate care, or can supervise visitation. When thinking about the role of non-placement kin, ask:

1. How are the children staying connected with non-placement kin?
   1. Does there need to be written visitation plan?
   2. How do we make sure the child is allowed to contact kin, regardless of their placement level?
2. Are kin involved in treatment and discharge planning for children in congregate care, as required by the Family First Prevention Services Act of 2018?²
3. Are kin involved in transition planning for older youth exiting care?
4. How can kin best support the parents during this time?  
   1. Are kin able to assist with providing transportation for parents to required services or visitation?
   2. Can they provide emotional support to parents by attending court and meetings with them?
5. If visitation with the parents is required to be supervised, can kin supervise these visits?

For older youth, kin can be an important part of relational, as well as legal, permanence. Relational permanency occurs when a child forms lasting, supportive relationships that extend beyond their time in foster care and help a child feel loved, connected, and supported. Research shows that fostering these connections with kin is especially important for older youth to help them lead a successful life, provide them with knowledge of their family history which in turn assists with their sense of belonging, and provide them with a support system they can rely on after they exit care.³ These supportive adults should participate in the development of and be listed in the personal transition plan that the Fostering Connections Act requires be created for all youth in care within 90 days of their 18th birthday.

Connections with kin also include necessary judicial action to maintain relationships with siblings who are also in foster care or are remaining at home. The Fostering Connections Act requires agencies to make reasonable efforts to place siblings together unless it is contrary to a child’s safety or well-being. Judges should ask the agency about plans for the youth to remain connected to their siblings and order visitation when necessary. The agency should assist in maintaining these connections and document efforts to place siblings together if they are placed separately; agency attorneys should be prepared to discuss these efforts in court.

In conclusion, judicial officers and attorneys have roles ensuring the identification, notification, and engagement of kin, to the benefit of clients and families. Throughout the life of each case, legal professionals can explore the various kinship options, hold the agency accountable for following through on these legal requirements, and confirm that the vital role of interested kin is always reflected in hearing orders.