Relatives and kin of children often play a critical role when a family is involved in a child welfare case, whether as a placement resource for the child, supervising visitation, or otherwise supporting the child and parent. As placement resources, relatives can provide a setting familiar to a child experiencing the trauma or disruption of removal from the home and can preserve existing positive relationships with the child (and, ideally, the parent).
Additionally, relative caregivers may create stability and comfort for the child by maintaining shared cultural practices and speaking the child’s primary language. Immigrant relatives, in particular, can support this cultural continuity for children, in addition to other aspects of a safe and stable placement. But immigrant caregivers without legal status in the U.S. —that is, “undocumented” immigrants —face unique challenges to caring for children who have been removed from their parents’ care.
These challenges may impact many families. In 2015, 30% of children in foster care were placed in relative foster homes. That same year, almost 18 million children, more than a quarter of the demographic, had at least one foreign-born parent. While data on the number of immigrant children in foster care is limited, it is clear that a substantial portion of the population may be impacted by laws and policies that directly or indirectly affect immigrant caregivers’ ability to participate with the child welfare system.
Attorneys, caseworkers, and other advocates can help overcome these obstacles and eliminate barriers. In addition to discussing the legal implications of immigration status on foster placements, this article from the Child Law Practice Today Issue on Kinship Care provides promising practices and other tools for those who work closely with immigrant caregivers in the child welfare system.