Relatives
  • When a child is detained by the county social services agency, the court may order that the child be placed in the assessed home of a relative or a nonrelative extended family (NREFM).

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Photo: Child with older relatives

"RELATIVE": THE LEGAL DEFINITION

  • An adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words "great," "great-great," or "grand," or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. *Welfare and Institutions Code § 319(f)
  • This term includes a parent, sibling, grandparent, aunt, uncle, nephew, niece, great-grandparent, great-aunt or great uncle (grandparents’ sibling), first cousin, great-great grandparent, great-great-aunt or great great uncle (great-grandparents’ sibling), first cousin once removed (parent’s first cousin), and great-great-great-grandparent; a step-parent or step-sibling; and the spouse or domestic partner of any of the people described above, even if the marriage or partnership was terminated by death or dissolution. *Cal Rules of Court , rule 5.502
Relatives: Degrees of relationship
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Photo: Older children with relatives

NON-RELATIVE EXTENDED FAMILY MEMBER (NREFM): The Legal Definition

  • Any adult caregiver who has an established familial or mentoring relationship with the child. *Welfare & Institutions Code § 362.7

COUNTY AGENCIES HAVE A LEGAL OBLIGATION
TO IDENTIFY, LOCATE & INVESTIGATE RELATIVES

  • Within 30 days of a child’s removal from the home of his or her parent or guardian, if the child is in, or at risk of, entering foster care, the social worker or probation officer must use due diligence in conducting an investigation to identify, and locate all the child’s adult relatives. This policy underscores the importance of relative participation and support in all aspects of a child’s life.

    The social worker or probation officer is not required to notify a relative whose personal history of family or domestic violence would make notification inappropriate.
    *Welfare & Institutions Code §309(e)
    *California Rule of Court, rule 5.637
    *All County Letter No. 09-86 (pdf) »

COUNTY AGENCIES HAVE AN OBLIGATION TO SEND NOTICE TO RELATIVES

  • Within 30 days of removal of the child, the county social worker shall provide written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, to relatives of all the following information:
    • Child has been removed.
    • Explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond.
    • Information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a foster family home or approved relative or nonrelative extended family member.
      Important Information for Relatives (pdf) »
    • A copy of Relative Information (form JV-285), with the county and address of the court, the child’s name and date of birth, and the case number already entered in the appropriate caption boxes by the social worker
    • A copy of Confidential Information Form JV-287 (pdf) »
    • The court clerk must provide the social worker, all unrepresented parties, and all attorneys with a copy of the completed form or letter
    • When form JV-287 is received by the court, the court clerk must place it in a confidential portion of the case file.
      References:
      *Welfare & Institutions Code §309(e)(1)
      *Cal Rules of Court, rule 5.534(f)
      *Welfare & Institutions Code §§309(e), 628(d)
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RELATIVES CAN STEP FORWARD AND IDENTIFY THEMSELVES

  • If an able and willing relative, or NREFM, is available and requests temporary placement of the child pending the detention hearing, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability.
  • The assessment shall include:
    • an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the child’s needs
    • a consideration of the results of a criminal records check
    • a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home.
  • The standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
    *Welfare & Institutions Code § 309(d)(1)

RELATIVES’ RIGHT TO PARTICIPATE IN DEPENDENCY HEARINGS

  • The Juvenile Court must control all juvenile dependency proceedings with a view to quickly and effectively ascertaining the jurisdictional facts and all information relevant to the present condition and welfare of the child.
  • The court may court may permit relatives of the child to:
    • Be present at the hearing;
    • Address the court.
    *California Rules of Court, rule 5.534(a) and (f)(1)

RELATIVES OF THE CHILD HAVE THE RIGHT TO
SUBMIT INFORMATION ABOUT THE CHILD TO THE COURT AT ANY TIME.

  • Written information about the child may be submitted to the court using the Relative Information Form (Form JV-285) or in a letter to the court. The form can include:
    • Information about the child’s emotional and behavioral health
    • Information about the child’s education
    • Information about the child’s education
    • Other information that might be helpful to the court
    *California Rules of Court, rule 5.534(f)(2)
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RELATIVES WITH PLACEMENT PREFERENCE

  • Request for placement made by a relative of the child shall be given preferential consideration.
    "‘Preferential consideration’ means that the relative seeking placement shall be the first placement to be considered and investigated."
    *Welfare and Institutions Code §361.3, subd. (c)(1)
  • "Only the following relatives shall be given preferential consideration for placement of the child: an adult who is a grandparent, aunt, uncle or sibling of the child."
    *Welfare & Institutions Code §361.3(c)(2)
  • Preferential consideration "does not create an evidentiary presumption in favor of a relative, but merely places the relative at the head of the line when the court is determining which placement is in the child’s best interests.’ (In re Sarah S. (1996) 43 Cal.App.4th 274, 286.) The Court realizes "the importance of according relatives a ‘fair chance’ to obtain custody. (Cesar V. v. Superior Court (2001) 91 Cal.App.4th 1023.) At the same time, however, the fundamental duty of the juvenile court is to ‘assure the best interest of the child’…." (In re Stephanie M. (1994) 7 Cal.4th 295.)
  • Some appellate courts have held the relative placement preference only applies at the disposition hearing and does not apply thereafter unless a new placement must be made either during the reunification period or for permanency purposes. (N.V. v. Superior Court (2010) 189 Cal.App.4th 25; In re Lauren R. (2007) 148 Cal.App.4th 841; Cesar V. v. Superior Court (2001) 91 Cal.App.4th 1023.) Other appellate courts have held that the relative placement preference operates throughout the reunification period. During that period, the agency may continue to search for relatives even after the initial placement is made at disposition. If a qualified relative comes forward during the reunification period, that relative must be assessed. After disposition, however, the court should not order that the child be moved to a relative unless the change of placement is in the child’s best interests. (In re Joseph T. (2008) 163 Cal.App.4th 787.)
  • The relative placement preference does not "operate as an evidentiary presumption in favor of placement with [relatives] that would overcome the juvenile court’s duty to determine the best interests of the child... The relative placement preference is not a relative placement guarantee.” (In re Joseph T. (2008) 163 Cal.App.4th 787.)
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RELATIVE PLACEMENT CONSIDERATIONS AT THE DISPOSITION HEARING AND BEYOND

  • In determining whether placement with a relative is appropriate, the county social worker and court shall consider, but shall not be limited to, consideration of all the following factors:
    1. The best interest of the child, including special physical, psychological, educational, medical, or emotional needs.
    2. The wishes of the parent, the relative and the child, if appropriate.
    3. The provisions of Part 6 (commencing with Section 7950) of Division 12 of the Family Code regarding relative placement.
    4. Placement of siblings and half-siblings in the same home, if that placement is found to be in the best interest of each of the children as provided in Section 16002.
    5. 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.
    6. The nature and duration of the relationship between the child and the relative, and the relative’s desire to care for the child.
    7. The ability of the relative to do the following:
      1. Provide a safe, secure, and stable environment for the child
      2. Exercise proper and effective care and control of the child
      3. Provide a home and the necessities of life for the child.
      4. Protect the child from his or her parents.
      5. Facilitate court-ordered reunification efforts with the parents
      6. Facilitate visitation with the child’s other relatives.
      7. Facilitate implementation of all elements of the case plan.
      8. Provide legal permanence for the child if reunification fails. However, any finding made as to (G) or (H) shall not be the sole basis for precluding preferential placement with a relative.
      9. Arrange for appropriate and safe child care, as necessary.
    8. The safety of the relative’s home which must first be approved per W & I 309 (d). (i.e. an assessment which includes the ability of the relative to meet the child’s needs, a home inspection, and a criminal record check, and the relative home shall meet the same standards and regulations set forth for the licensing a of foster family homes.)
    *Welfare and Institutions Code §361.3
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