Child removed or detention hearing within 72 hours? Call now: 949-209-5033
Child removed or detention hearing within 72 hours? Call now: 949-209-5033
Children who are placed with relatives have a much higher chance of reunifying with their families than children who end up in foster care. California law gives relatives a meaningful role in placement decisions, but that role comes with real requirements and real deadlines.
When CPS removes a child from a home in California, grandparents, aunts, uncles, and other relatives often find themselves caught in a system they never expected to face. They want to step in and care for the child, but they do not know whether they have any legal standing to do so.
The short answer is that California law gives relatives a meaningful role in placement decisions, but that role comes with real requirements and real deadlines.
If you have supportive relatives who are willing to help you reunify and take in your children, share this guide with them so they understand the process.
This guide applies to all California counties, including:
Yes. Under California Welfare and Institutions Code § 361.3, when a child is removed from the physical custody of their parents, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative, regardless of the relative's immigration status.
"Preferential consideration" means that the relative seeking placement shall be the first placement to be considered and investigated. The county social worker must reach out to the relatives provided to them and initiate the process of evaluating each relative for possible placement.
This preference exists until the conclusion of trial. During the reunification period, the legal preference shifts to prioritize the child's stability.
At that stage, the court prioritizes relative placement when the child's placement in foster care is recent or unsustainable, usually because the foster home puts in notice to have the child removed, or the foster home is unable to provide long-term care.
When a parent requests placement with a relative, the social worker must immediately initiate an emergency placement assessment. This includes:
To assess the safety of the home and the ability of the relative to care for the child's needs.
Through CLETS, the California Law Enforcement Telecommunications System, for all persons over 18 living in the home.
A search for previous child abuse or neglect allegations through the Child Abuse Central Index, for all persons over 18 living in the home.
Following emergency placement, CPS requires the relative to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after placement.
Once a child is placed with a relative and that relative becomes an approved resource family, they gain a set of legally protected rights:
If you are a relative interested in supporting reunification for children and parents going through the family policing system, it is important to understand your responsibilities as a substitute caregiver.
As a substitute caregiver for a loved one, your job is to support reunification in whatever way possible. That may include serving as a visitation monitor and reporting to the court and CPS on the quality of the parents' visits, helping ensure the parents stay involved with school and medical issues for their children, and encouraging the parents to keep working toward reunification.
Adoption permanently severs a child's legal relationship with their parents. Legal guardianship is an equally viable alternative that keeps that legal relationship intact, including a parent's visitation rights, while still giving the legal guardian the authority needed to care for and protect the child.
Legal guardians who are relatives receive KinGap funding until the child is 19, and in some cases until they turn 21. KinGap funding usually exceeds the payments afforded adoptive parents, because it is intended to be on par with foster care payments. Children who have legal guardians are also eligible for Medi-Cal until they turn 21.
If CPS fails to make a genuine effort to identify and contact relatives, an attorney can raise that failure in court proceedings. Our office will also communicate directly with CPS's attorneys to ensure that the social workers on your case comply with the legal preference for relative placement.
These communications can and should take place early, while an investigation is underway to determine whether your child will be detained.
If you are a parent who wants a relative to care for your child instead of a foster home, contact an attorney immediately. Early action can make the difference between your relative being seriously considered and being overlooked. 949-209-5033
Yes. Under Welfare and Institutions Code § 361.3, when a child is removed from the physical custody of their parents, preferential consideration must be given to a request by a relative for placement, regardless of the relative's immigration status. Preferential consideration means the relative shall be the first placement considered and investigated.
When a parent requests placement with a relative, the social worker must immediately initiate an emergency placement assessment. Following emergency placement, the relative must submit an application for resource family approval and begin the home environment assessment no later than five business days after placement.
An in-home inspection to assess the safety of the home and the relative's ability to care for the child's needs, a criminal background check through CLETS for all persons over 18 living in the home, and a search for previous child abuse or neglect allegations through CACI for all persons over 18 living in the home.
Relatives approved as a resource family may be eligible for board rate payments and services provided to traditional foster families. Relatives who become legal guardians receive KinGap funding until the child turns 19, and in some cases until 21. KinGap funding usually exceeds payments afforded adoptive parents because it is intended to be on par with foster care payments. Children with legal guardians are also eligible for Medi-Cal until they turn 21.
If CPS fails to make a genuine effort to identify and contact relatives, an attorney can raise that failure in court proceedings and communicate directly with county counsel to ensure compliance with the legal preference for relative placement. These communications can and should take place early, while an investigation is underway.
You have already taken the most important first step: arming yourself with knowledge. The second step is securing experienced legal representation before the clock runs out.
At K. Adeniyi Law, we represent parents in CPS investigations and juvenile dependency cases throughout California, including Los Angeles, Orange County, San Bernardino, Riverside, Sacramento, and San Francisco.
949-209-5033Call or text. Urgent calls answered after hours.
A California family defense practice for parents in Los Angeles, Orange, San Bernardino, and Riverside Counties.
K. Adeniyi Law, APC
Orange County Office18650 MacArthur Blvd, Suite 300
Irvine, CA 92612
5800 S. Eastern Ave., Suite 500
Commerce, CA 90040