Do kinship foster parents have legal custody of the child?
No. A kinship foster care parent has temporary physical custody. Legal custody of that child is with the state or the agency acting for the state. This means that the kinship foster care parent takes care of the child’s daily needs but cannot make any major decisions regarding the child without first obtaining the consent of the agency that acts for the state. Is the child always placed with relatives? New York State law requires that the Child Welfare Agency first look for appropriate relatives who are willing to become foster parents or who are willing to provide free care to the child. If a grandparent agrees to become the foster parent, the grandparent has to be able to take appropriate care of that child, and must meet all other requirements. The Child Welfare Agency must tell the relatives who want to take care of children that they have two options: • they either may take care of the children without help from the agency and without further interference or supervision of the age
