WASHINGTON — The U.S. Department of Health and Human Services (HHS) through The Administration for Children’s and Families is proposing a new regulation aimed at removing obstacles for foster families who are related to foster children. 

What You Need To Know

  • In Feb. 2023, HHS, through The Administration for Children’s and Families, proposed new regulation aimed at decreasing obstacles for foster families

  • The new regulation would allow related foster families to only need to meet federal requirements, and not additional standards from the state and local level

  • That would allow an agency to adopt different licensing standards for all related foster family homes to decrease delays for the licensing process

January Contreras serves as the assistant secretary for The Administration for Children’s and Families and says the measure encourages agencies to place fewer burdens on families related to a foster child. The regulation is introduced through The Administration for Children and Families (ACF). Currently, all foster family homes must meet the same licensing standards regardless of whether the child is related or not.

The new proposed regulation encourages child welfare agencies to consider allowing related foster families to only meet federal requirements. And not additional standards from the state and local level that are required of non-related foster families. That would allow an agency to adopt different licensing standards for all related foster family homes to decrease delays for the licensing process. 

“States don’t have to hold kinship caregivers to all of the same hurdles that are necessary for non-relative or non-kin caregivers. So it’s recognizing there’s a relationship there. It’s recognizing that one size fits all training is not going to be what’s best for kinship caregivers,” said Contreras.

The Department says besides related family members, godparents and close friends would qualify for fewer state and local regulations. In Kentucky, state regulations require foster parents to be 21 years old, attend informational meetings, do 15 hours of scenarios, website training and more.

“So what you see with this proposed rule is all of those values coming together and really making clear that there is this gateway here for caregivers who are relatives, who are grandparents. We want to make sure that states have the flexibility that they need without sacrificing safety,” said Contreras.

Currently, the new proposed regulation is in phase one and asking for feedback. The Federal Register’s website is currently collecting feedback here.

According to the most recent U.S. Census report, Kentucky has a 5% foster care entry rate. That’s the lowest it’s been since 2016. higher entry rates could mean that more families are struggling to raise their children. Nationally, that number sits at 400,000 according to the Child Welfare Government website. 

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