About Kinship Guardianship
Temporary Legal Custody is the legal relationship established by the Juvenile Court of the county of jurisdiction between a person (related or not) or the Department of Human Resources and a child who is not their legal child.
Kinship Guardianship is the legal relationship established by the Juvenile Court of the county of jurisdiction between a relative and the child for whom they provide care.
Federal and state legislation provides the legal means of obtaining the permanency goal of kinship guardianship for children in foster care. The timeframe for achieving this goal is set by the ISP team.
To implement federal legislation, Alabama passed the Alabama Kinship Guardianship Subsidy Act, effective October 1, 2010. Kinship Guardianship was added to Alabama DHR policy as a permanency plan that can be identified by the Individual Service Plan (ISP) team as the most appropriate plan for children in foster care.
According to the Department of Human Resources, this permanency goal is limited to children who are eligible to receive either foster care maintenance payments and have resided in a fully approved related foster family home for at least six consecutive months. Only after the following case by case determinations have been made on a child, can the permanency goal of kinship guardianship be established:
Being returned home or adopted are not appropriate permanency options and not in the best interests of the child;
The child demonstrates a strong attachment to the prospective kinship guardian and the kinship guardian has a strong commitment to caring permanently for the child; and,
If a child has attained the age of 14, the child must be consulted regarding the kinship guardianship arrangement.
All of the above criteria must be met and must be documented in the child’s record.
Kinship guardianship is a judicially created relationship and would therefore, be achieved at the point that kinship guardianship is awarded by the juvenile court to the relative.
The custody status of kinship guardianship substantiates that a child is leaving out-of-home care and entering a kinship guardianship arrangement.
For additional information, please contact your local county Department of Human Resources or the Alabama State Department of Human Resources.
Who may become a Kinship Guardian?
- An individual who is legally related to the child by blood, marriage or adoption within the fourth degree of kinship may become a kinship guardian. (Brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great-great grandparent, niece, nephew, grand niece, grand nephew or a stepparent)
- A kinship guardian must be 21 years of age or older.
- A kinship guardian must become a fully-approved foster parent:
- All household members age 14 and over must pass a Child Abuse and Neglect (CAN) clearance check from every state in which they have lived for the last 5 years
- All household members age 19 and over must meet ABI/FBI suitability standards
- Home must meet minimum standards
- Must complete training requirement (TIPPS)
- A kinship guardian must be willing to assume care of the child with the intent to parent the child to adulthood
Alabama Kinship Navigator
Visit the Alabama Kinship Navigator, a website designed as a one-stop shop for information and referral services for grandparents, relatives, and other caregivers who are currently raising a child. This information is useful to anyone with a child whether involved in the foster care system or not.
Grandparents as Parents 