Chapter 4 : Section 3

Kinship Care

Procedures

Identify relatives and those who have a significant relationship with the child who have an interest in providing care for the child. Follow procedures outlined in Locating Missing Parents & Family for Notification. For children who may be subject to the Indian Child Welfare Act (ICWA) see Placement Preferences of an Indian Child.

Inform potential kinship caregivers of the following requirements:

• Kinship caregivers must be at least 18 years of age.

• Kinship caregivers and adult household members must be fingerprinted for and cleared by a criminal history record check. The Department may waive the requirement for the kinship caregiver to obtain a fingerprint clearance card using the good cause criteria outlined Assessing Criminal History Guide, DCS-3390.

• All Kinship caregivers and adult household members must be checked and cleared for prior and current child abuse and neglect history on the Central Registry and any other state or jurisdiction, if applicable. The Department may consider placing with an individual who has prior involvement with the Department by using criteria outlined in Assessing DCS History Guide, DCS-3391.

• Kinship caregivers must provide at least two references.

• Kinship caregivers must agree to personal interviews and at least one home visit.

• Kinship caregivers and household members must participate in the family assessment process.

Preliminary Kinship Caregiver Assessment for Emergency Placements

The kinship caregiver assessment starts with the following initial steps:

• A determination of the potential caregiver’s interest now and in the future.

• A preliminary determination that the potential caregiver(s) has the ability to meet the child's needs and support the achievement of the permanency goal including the ability and willingness to care for a sibling group, if applicable. If the caregiver is not willing to care for all or part of the child's siblings, a determination that the caregiver is willing to maintain frequent visitation or other ongoing contact between the child and the child's siblings.

• Preliminary determination that the potential caregiver(s) meets the requirements based on information obtained from a DPS criminal history records check, a DCS records check of child abuse and neglect reports and history, other states or jurisdictions (if applicable), and information disclosed by family members and/or other sources.

  • Utilize the Assessing Criminal History Guide, DCS-3390, when evaluating a potential kinship caregiver who has one or more appealable offenses listed on the Criminal History Self-Disclosure Affidavit, DCS-1078; or

  • Utilize the Assessing DCS History Guide, DCS-3391, when evaluating a potential kinship caregiver who has prior involvement with the Department; and

  • Engage in a supervision discussion as outlined in the Assessing DCS and Criminal History for Perspective Caregivers, DCS-3392.

• At least one visit to the home of the potential caregiver family to complete the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014A.

  • If any safety hazards exist (e.g., unlocked firearms or medications, swimming pool fence that does not meet the requirements outlined in A.R.S. § 36-1681, etc.), provide the caregiver with resources on how to address the safety hazards. See Practice Guidelines: Assessing and Supporting Kinship Families.

  • Document on the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014A what actions need to be taken to address the safety hazards and schedule a follow-up home visit to ensure safety hazards have been addressed.

  • If the caregiver is unable or unwilling to remedy safety hazards, the caregiver cannot be recommended.

  • Complete and send the Kinship Placement Notification, CSO-1013A to the potential caregiver within 15 working days of the decision not to recommend the person care for the child.

The DCS Specialist must:

• engage the potential caregiver in a discussion about the caregiver’s capacity and motivation to be the living arrangement for the child;

• inform the potential caregiver that even if the Department cannot recommend them as the caregiver, unless it is contrary to the child’s safety or well-being, they are encouraged to maintain contact with the child. For more information, see Parenting Time and Family Contact Plan; and

• provide the potential caregiver with information about:

  • need for DCS intervention (safety threats to child, and how they may be addressed);

  • child's need for safety, connections to family and culture, and continuity of care;

  • child's current living arrangement and permanency goal;

  • requirement for kinship care including the assessment and planning for the child's transition to the kinship caregiver’s home;

  • expectations that the potential kinship caregiver may have of the Department including available supports and services;

  • expectations the Department will have of the potential kinship caregiver;

  • caregiver preferences;

  • options for kinship caregivers including licensed and unlicensed foster care;

  • parents' rights and responsibilities in continuing to plan for the care of the child;

  • need for parents and family members to be involved in planning, visiting and decision-making now and in the future; and

  • options to resolve disagreements.

If a decision is made to continue with the assessment, prior to placement of the child, the DCS Specialist shall complete the following:

• Complete a search for all kinship caregivers and adult household members of prior and current child abuse and neglect history on the Central Registry and any other state or jurisdiction, if applicable.

• Review the results of the DCS records check and records for other states or jurisdictions.

• When a potential kinship caregiver or adult household member has a DCS record of child abuse and neglect indicating that the child would not be safe if placed in the home:

  • inform the potential caregiver that one or more adult household members did not clear the DCS records checks;

  • if the potential caregiver or individual wishes to correct or clarify child abuse or neglect history information, offer the individual an opportunity to provide the information and utilize the Assessing DCS History Guide, DCS-3391, and hold a supervision discussion as outlined in the Assessing DCS and Criminal History for Prospective Caregivers, DCS-3392, to determine if the additional information sufficiently remedies the concerns;

  • if the additional information provided does not sufficiently remedy the safety concerns, placement cannot be recommended; and

  • complete and send the Kinship Placement Notification, CSO-1013A to the potential caregiver within 15 working days of the decision not to recommend.

• Have the potential caregiver and all adults in the home complete the Criminal History Self-Disclosure Affidavit, DCS-1078.

• Complete a criminal history records check with the Department of Public Safety (DPS) for all adults residing in the home:

  • Submit the DPS criminal history request to the DPS using the Justice Web Interface (JWI).

  • When a person does not have a social security number, the DPS Criminal Records Check shall still be completed.

  • When a person does not have a social security number, conduct additional searches, including a public records search of information available through local law enforcement.

• Review and verify the criminal records checks and the information disclosed on the Criminal History Self-Disclosure Affidavit, DCS-1078.

• Determine whether the potential caregiver or any adult household member has been convicted of, or is awaiting trial for, or under pending indictment for committing, attempting to commit, soliciting or facilitating or conspiring to commit one or more of the specific criminal offenses identified in the non-appealable section of the Criminal History Self-Disclosure Affidavit, DCS-1078. If yes:

  • Inform the potential caregiver that one or more adult household members did not clear the background checks. If the potential caregiver or adult household member has a criminal history of one or more of the offenses listed in the non-appealable section of the Criminal History Self-Disclosure Affidavit, DCS-1078, the potential kinship caregiver cannot be recommended.

  • If the potential caregiver or individual wishes to provide additional information about the criminal history, offer the individual an opportunity to provide the information.

  • If the potential caregiver or individual wishes to review or challenge the results of the criminal records check from the DPS, refer them to the Criminal History Section at 602-223-2222. Note: the person may request a "review and challenge packet" for an arrest, conviction or indictment by a law enforcement jurisdiction in Arizona. If the criminal record concerns an arrest, conviction or indictment outside Arizona, the individual must contact the applicable law enforcement jurisdiction in that state.

• If the potential caregiver or adult household member has a criminal history of one or more of the offenses in the appealable section of the Criminal History Self-Disclosure Affidavit, DCS-1078, the Department may waive the requirement for the kinship caregiver to obtain a fingerprint clearance card using the good cause criteria outlined in Assessing Criminal History Guide, DCS-3390.

  • Inform the potential caregiver that one or more adult household members did not clear the DPS records check.

  • If the potential caregiver wishes to provide additional information about the criminal history, offer an opportunity to provide the information.

  • Hold a supervision discussion as outlined in Assessing DCS and Criminal History for Prospective Kinship Caregivers, DCS-3392 to determine if the additional information sufficiently remedies the safety concerns.

  • If the additional information provided does not sufficiently remedy the safety concerns, placement cannot be recommended.

  • Complete and send the Kinship Placement Notification, CSO-1013A to the potential caregiver within 15 working days of the decision not to recommend.

 

If a criminal records check or self-disclosure statement reveals an arrest, conviction, or indictment for any other criminal offense, consider the results of the criminal records check when making the decision about whether to recommend placement of the child with the potential kinship caregiver. Follow the approval levels outline in the Assessing Criminal History Guide, DCS-3390. Consider the following:

• any new or current safety threats to the child;

• continued behaviors related to the reason for the child coming into care;

• the vulnerability of the child including the child's age and special needs;

• the extent of the person’s criminal record, including whether the criminal offense was an isolated incident or indicative of a pattern of criminal activity;

• the length of time that has elapsed since the offense was committed;

• the nature of the offense;

• any applicable mitigating circumstances including whether the victim was a child or a vulnerable adult;

• the degree to which the person participated in the offense; and

• the extent of the person's rehabilitation, including:

  • completion of probation, parole or community supervision;

  • evidence of positive action to change criminal behavior, such as completing a drug treatment program or counseling, and

  • personal references attesting to the person’s rehabilitation.

Formal Kinship Caregiver Assessment following an Emergency Placement

Within 24 hours of making a temporary emergency placement of a child, submit a new Service Request in Guardian under Kinship Support Services for a KSS Home Assessment. Include needed services in the narrative (i.e. home assessment, kinship navigation, foster care licensing, etc.).

After making a temporary emergency placement of a child, complete the assessment within 15 working days of the completed DPS check.

• Require all adult household members to complete a fingerprint based background check. Provide fingerprinting instructions to all adults upon consideration or emergency placement. If needed, provide assistance in submitting the fingerprints. Additional Department resources can be provided to assist adults that are unable to submit fingerprints.

  • A person who is denied a Level One Fingerprint Clearance Card may still be considered as a kinship caregiver if the offense preventing approval of the Level One Fingerprint Clearance Card is appealable to the Board of Fingerprinting or the Department may waive the requirement for the kinship caregiver to obtain a fingerprint clearance card using the good cause criteria outlined in Assessing Criminal History Guide, DCS-3390.

  • If any adult household member fails to complete the fingerprint based background check, the child cannot be placed in the home.

  • The DCS Specialist should gather all relevant information and consult with the DCS Program Supervisor, DCS Program Manager, or DCS Program Administrator for approval to continue placement of the child(ren) in the home.

• Complete interviews of the potential caregiver and all household members.

• Refer for an assessment of the family and home environment of the potential caregiver family, using a New Services Request.

• Check that the assessment includes at least two reference checks by telephone or letter using the Evaluation of Potential Caretaker(s), CSO-1106A, for each potential caregiver. At least one reference should be a relative who is not the parent of the child in care. An adult child of the potential caregiver should be used as a reference whenever possible.

• Assess the ability of the potential caregiver to meet the child's safety and well-being needs and the needs of the child's siblings, if applicable.

• Make a determination that the potential kinship caregiver meets the requirements.

Assessing Potential Kinship Caregivers for a Non-Emergency Placement

Initiate steps above within 10 days, including the completion of fingerprinting, when a potential kinship caregiver is identified for a child who is currently in out-of-home care with a non-kinship caregiver.

Submit a new Service Request in Guardian under Kinship Support Services for a KSS Home Assessment. Include needed services in the narrative (i.e. home assessment, kinship navigation, foster care licensing, etc.).

Within 10 working days of identifying a potential caregiver who resides out-of-state, follow the procedures to request a home study in ICPC: Overview, Referrals, & Placement.

Upon completion of a positive assessment and determination that it is in the best interest of the child(ren) to be placed with the kinship caregiver, complete a case conference, following procedures in Caregiver Stability for Children in Out-of-Home Care to develop a plan for a smooth transition for the child(ren).

At any point a non-emergent placement can become an emergency placement. If that occurs, refer to emergency placement procedures outlined above in Preliminary Kinship Caregiver Assessment for Emergency Placements.

Medical Marijuana

The Arizona Medical Marijuana Act enables a person (a qualifying patient), who is registered with the Arizona Department of Health Services (ADHS), to legally obtain, under Arizona law, an allowable amount of marijuana and possess and use the marijuana for its therapeutic effects in treating and alleviating symptoms associated with a debilitating medical condition. However, the possession, sale or transportation of marijuana is still a crime under Federal law.

If a potential kinship caregiver is a qualifying patient, designated caregiver or cultivator of medical marijuana, the following factors should be addressed in the evaluation of the caregiver’s ability to meet the child’s needs including child safety and to support achievement of the permanency goal for the child:

• any action taken by the caregiver to ensure that any child in the home does not have access to the marijuana, such as:

  • the marijuana is clearly labeled, out-of-sight and not accessible to the child,

  • if the potential caregiver is authorized to cultivate marijuana plants for the patient’s medical use, whether the plants are secured in an enclosed, locked facility,

  • if the potential caregiver cooks with marijuana, whether any resultant food products are clearly labeled, out-of-sight and not accessible to the child;

• any action taken by the potential caregiver to ensure that any child in the home is not adversely affected by the patient’s medical use of marijuana such as:

  • plans to consume (smoking, vaporization, infused edible food products, etc.) when the child is not present;

  • if the marijuana is smoked or vaporized, plans to ensure that the child is not exposed to second hand smoke or vapor;

• whether there is another responsible un-medicated caregiver in the home when consumption occurs (if more than one potential caregiver is a qualifying patient, plans for an established routine to ensure that one caregiver is un-medicated at all times);

• the effects of the debilitating medical condition and the medical use of marijuana on the caregiver’s ability to provide a safe home environment for the child, and meet the child’s needs, including:

  • transportation to/from appointments, parenting time, and other routine activities; and

  • any concerns by the caregiver’s (qualifying patient) physician about the caregiver’s ability to provide for the child’s safety and well-being.

When more than one potential kinship caregiver has a positive assessment

On a case-by-case basis, consistent with the child's best interests and the current stage of the case, convene a family meeting to attempt to gain consensus regarding the child's caregiver and living arrangement and a plan to maintain family contact. Reconsider all of the following if the family cannot come to consensus:

• ability and willingness of each caregiver to meet the child's short-term and long-term needs including child safety, sibling placement, proximity to the parent's home, ability to remain in the home school district and community, ability to communicate in the child's language, and ability to support cultural connections;

• established relationship of the child to each caregiver;

• ability of each caregiver to support the achievement of the case plan; and

• ability of each caregiver to finalize a permanency or concurrent case plan of guardianship or adoption, if applicable.

If one kinship caregiver cannot care for all the siblings, consider the caregiver who:

• can best meet the needs of the child;

• will permit and actively maintain frequent visitation or facilitate other ongoing contact between siblings who are not placed together; and

• will permit and actively facilitate contact by telephone, mail or visits with the child's parents, family members, other relatives, friends, and any former foster parents, unless the court determines the contact is not in the child's best interest.

If a potential kinship caregiver is not selected, complete and send the Kinship Placement Notification, CSO-1013A, to the potential caregiver within 15 working days of the decision to not recommend the person as the caregiver.

Once the kinship caregiver is selected

Upon approval from the court, place a child in kinship care, following the procedures outlined in Placing Children in Out-of-Home Care.

Submit a new Services Request in Guardian under Kinship Support Services for kinship navigation. In the narrative box, provide information on support needed for the family and any relevant information.

Inform all kinship caregivers of services available to meet the needs of the child, including:

• Health Services available through Mercy Care DCS CHP;

• parent aide;

• respite care;

• case management;

• transportation;

• housing supports, including community based resources, federal/state funded housing programs (i.e. HUD housing vouchers) and the Housing Assistance program ;

• parenting skills training;

• supportive intervention and guidance counseling;

• emergency services;

• licensing opportunities for kinship caregivers;

• additional services that the Department determines are necessary to meet the needs of the child and family; and

• other funding to support extra-curricular/enrichment activities that promote normalcy, such as through the Arizona Friends of Foster Children Foundation. See Practice Guidelines: Assessing and Supporting Kinship Families for more resources.

Provide a copy of the Kinship Foster Care for Relatives Caring for Children in DCS Custody Booklet, CSO-1047A, to the caregiver and review the booklet with the potential caregiver.

If the child is under one year of age, provide the Safe Sleep Flyer, CSO-1302A to the caregiver and review it with them. Observe the sleeping conditions of the child and discuss any observed unsafe sleep environments and how to remedy the issue. If needed, make referrals to community resources.

Develop an Infant Care Plan for a newborn infant who was prenatally exposed to alcohol or substance use by the mother, or for a child up to one year old diagnosed with Fetal Alcohol Spectrum Disorder. See Investigations Involving Substance Exposed Newborns.

Complete the following:

• For unlicensed relative caregivers, complete a Placement Service Request.

• Complete the Safety Plan and Safety Plan Signature Sheet, CSO-1034B with the kinship caregiver. See Safety Planning;

• If there is court involvement and the child is in a different out-of-home care living arrangement, complete the Motion for Change of Physical Custody and submit to the Juvenile Court for approval of the caregiver and living arrangement along with the Assessment for Kinship Foster Care or Significant Person Placement.

• Complete and sign the Kinship Placement Agreement and Notification of Resources, CSO-1129A. Provide a copy of the form to the caregiver. Discuss with the caregiver the following benefits:

  • DCS Comprehensive Health Plan (DCS CHP);

  • Monthly Personal and Clothing Allowances;

  • Special Payments (emergency clothing, school supplies, graduating expenses, etc.) available to the child. See Foster Care Rates, Allowances & Payments;

  • DCS child care. See Child Care Services;

  • Kinship Stipend;

  • Foster Home Licensing; and

  • Child-Only Cash Assistance (TANF)

If the kinship caregiver wishes to apply for foster home licensure, the DCS Specialist will refer the kinship caregiver to the DCS Foster website for guidance on the process. Note: while the website has information on the process for foster home licensure, it does not obligate the caregiver to complete the licensure process. Should any barriers arise to licensure, DCS should connect the kinship caregiver with community partners and/or the warmline at 1-877-543-7633 to assist in overcoming those barriers. See DCS 15-07 Kinship Waiver Policy for additional information on waivers issued to kinship caregivers for non-safety related or criminal background requirements and email questions to OLRKinshipWaivers@azdcs.gov.

Child-Only Cash Assistance (TANF)

• If the kinship caregiver checks the applicable box on the Kinship Placement Agreement and Notification of Resources, CSO-1129A indicating they want to apply for cash assistance, follow the steps below:

• Provide them with FA-001, Application for Benefits and assist them in completing the form;

• Inform the kinship caregiver to return the completed application to the DCS Specialist who is responsible to submit the application on the caregiver’s behalf;

• Inform the kinship caregiver that the Family Assistance Administration Office (FAA) will be contacting them from a blocked number for the telephone interview within five days of the application being submitted;

• Inform the kinship caregiver, if TANF Cash Assistance is approved and if they chose to get licensed, it is their responsibility to notify FAA once they are licensed;

• Write “KFC/DCS/P” on the top right corner of FA-001, Application for Benefits; and

• Scan and email the FA-001, Application for Benefits and court order (or Notice to Provider) to FAA Certified Document Services at DCSFASTPASS@AZDES.GOV.

Referrals for Nutrition Assistance must be made separately from the application for Child-Only Cash Assistance if the kinship caregiver prefers to exclude the household income in the TANF Cash Assistance application.

If the kinship caregiver declines financial benefits, inform the caregiver that they may apply at a later date.

Placement Disruption

If the living arrangement of the child(ren) with the kinship caregiver disrupts, the DCS Specialist must re-contact, reconsider and, if necessary, reassess all relatives and persons having a significant relationship with the child who expressed an interest in caring for the child as long as there is no prior criminal history that has already excluded them.

Documentation

Document the following about potential kinship caregivers using a Relative Information type Note:

• legal name, DOB (do not include the Social Security Number);

• address and telephone number;

• citizenship status;

• discussions with the person regarding their ability and willingness to care for the child;

• date of the search for prior child protective services history (including the Central Registry and other states or jurisdictions) and the results of this search;

• date when the caregiver and other adults in the home were approved for a fingerprint clearance card or the Department utilized good cause to waive the fingerprint clearance card requirement;

• date and to whom the Kinship Placement Notification, CSO-1013A was mailed;

• the kinship caregiver selected and reasons for the selection of the specific family;

• the relationship of the child(ren) to the kinship caregiver; and

• the reason siblings are in separate living arrangements, if applicable.

When the kinship caregiver is approved, Placement Administration will ensure that the kinship caregiver is built in as a Provider.

File a copy of the Criminal History Self-Disclosure Affidavit, DCS-1078, the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014A and the Kinship Placement Notification, CSO-1013A in the hard copy case record or as an Artifact in Guardian.

Upload the Kinship Placement Decision Tool, DCS-3393 as an Artifact in Guardian as Document Name KIN Kinship Placement Decision, document type Kinship.

Document in Notes for discussions with Program Supervisors, Program Managers, and/or Program Administrators on criminal background of potential kinship caregivers.

Document in Notes under document type Kinship any kinship who have been approved or denied as a caregiver.

Document that a Department of Public Safety check was completed in Notes, including the name of the individual and their relationship to the child.

Upload the Assessing DCS History Guide, DCS-3391 as a Kinship Placement Decision type Artifact.

Effective Date: September 14, 2024

Revision History: May 31, 2016, May 6, 2016, February 14, 2014, July 1st, 2013, November 30. 2012, September 29th, 2017, October 25, 2017, August 03, 2018, March 04, 2019, August 26, 2019, December 16, 2019, February 1, 2021, September 24, 2022, March 2023, October 30, 2023