Sixth Circuit Case Opens Door to Equal Pay and Support for Relative Caregivers

Heidi Redlich Epstein & Elizabeth Christy - Child Law Practice Today

Providing relative caregivers the same financial benefits and supports as nonrelative foster caregivers is the focus of ongoing US federal litigation described in this article from the Child Law Practice Today July/August 2017 Issue on Kinship Care. The litigation addresses the equitable treatment of relatives who care for children in the child welfare system. Most children in foster care are placed with nonrelatives under licensing standards and policies developed to ensure the safety of nonrelated caregivers.

Relatives often have problems qualifying for foster home licenses for reasons such as limited physical space within the home or inadequate sleeping space. Thus, many states will place the child in the relative’s home but not pay the relative. For the first time, a federal court is examining whether it is legal to distinguish payment of a home based solely on the relationship of the caregiver to the child.