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Requirements for Placement with Relatives
Citation: Welf. & Inst. Code §§ 309(d); 361.3
In determining whether placement with a relative is appropriate, the county social worker and court shall consider
the following factors:
•
The best interests of the child, including special physical, psychological, educational, medical, or emotional
needs
•
The wishes of the parent, relative, and child, if appropriate
•
Placement of siblings and half-siblings in the same home, if that placement is found to be in the best
interests of each of the children
•
The good moral character of the relative and any other adult living in the home, including whether any
individual residing in the home has a prior history of violent criminal acts or has been responsible for acts of
child abuse or neglect
•
The nature and duration of the relationship between the child and the relative and the relative’s desire to
care for and provide legal permanency for the child if reunification is unsuccessful
For a relative to be considered appropriate to receive placement of a child, the relative’s home shall first be
approved pursuant to the process and standards described in § 309(d). An assessment of the relative’s suitability
shall include:
•
An in-home inspection to assess the safety of the home and the ability of the relative to care for the child’s
needs
•
The results of a criminal records check
•
A check of allegations of prior child abuse or neglect concerning the relative and other adults in the home
Relatives Who May Adopt
Citation: Fam. Code § 8714.5
It is the intent of the legislature to expedite legal permanency for children who cannot return to their parents and to
remove barriers to adoption by relatives of children who are already in the dependency system or who are at risk of
entering the dependency system.
A relative desiring to adopt a child may, for that purpose, file a petition in the county in which the petitioner
resides. For purposes of this section, ‘’relative’’ means an adult who is related to the child or the child’s half-sibling
by blood or affinity, including all relatives whose status is preceded by the words ‘’step,’’ ‘’great,’’ ‘’great-great,’’ or
‘’grand,’’ or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
Requirements for Adoption by Relatives
Citation: Fam. Code §§ 8730; 8732
If the prospective adoptive parent of a child is a foster parent with whom the child has lived for a minimum of 6
months or a relative caregiver who has had an ongoing and significant relationship with the child, an assessment or
home study of the prospective adoptive parent may require only the following:
•
A criminal records check
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A determination that the adoptive parent has sufficient financial stability to support the child and ensure that
any adoption assistance program payment or other government assistance to which the child is entitled is
used exclusively to meet the child’s needs
•
A determination that the adotpive parent has not abused or neglected the child while the child has been in
his or her care and will likely not abuse or neglect the child in the future
•
A determination that the adoptive parent can address racial and cultural issues that may affect the child’s
well-being
•
Interviews with the relative caregiver or foster parent, each individual residing in the home, and the child to
be adopted
A report of a medical examination of the foster parent or the relative caregiver shall be included in the assessment
of each applicant unless the department or licensed adoption agency determines that, based on other available
information, this report is unnecessary. The assessment shall require certification that the applicant and each adult
residing in the applicant’s home have received a test for communicable tuberculosis.