Foster Children
By Jade Yeban, J.D. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed July 13, 2023
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Kids in foster care deal with problems that most other kids don't have to think about. For foster parents who want to help, it's important to understand these issues ahead of time. All foster kids face some common difficulties. For example, what happens when they become too old for foster care? Some kids have unique problems, such as medical conditions or disabilities. It's important to consider these challenges beforehand. This article discusses foster care generally.
Understanding Foster Care
Foster care is a vital part of the child welfare system. Foster care is designed to ensure the safety, permanency, and well-being of children who are unable to live with their birth parents. This can be for reasons such as child abuse or neglect. These children are placed into foster homes, where they are cared for by foster families. They remain with these families until they can either be reunified with their birth parents or placed with adoptive parents.
The Department of Health and Human Services, through its Children's Bureau, oversees the foster care system in the United States. Foster youth are placed in various types of care settings, including:
- Kinship care (where family members or friends take care of the child)
- Group homes that house multiple children
- Independent living programs for older youths
Foster care providers undergo a stringent process before becoming caregivers. This includes a thorough background check to ensure the safety of the children placed under their care. They also receive support services and financial support to assist in providing adequate care for the child. This child support is used to cover the living expenses of the child.
Services Provided to Children Aging Out of Foster Care
One of the challenges faced by the foster care system is ensuring the well-being of young adults who age out of the system. Foster youth often face unique challenges, particularly when transitioning to independent living.
To address this, the foster care program provides various services aimed at supporting the mental health and overall well-being of these young people. These services include but are not limited to:
- Career counseling
- Assistance in accessing health care
- Financial guidance
The federal government created the John H. Chafee Foster Care Independence Program (CFCIP) under Title I of the Foster Care Independence Act of 1999. This program provides funding for states to assist youth (up to age 23 in some jurisdictions) in foster care to make a smoother, more successful transition to adulthood. Under Title IV-E of the Social Security Act, states are provided with funds to implement programs that assist these young adults in their transition.
While the CFCIP sets federal guidelines for states to follow, it doesn't mandate precisely what states must provide to foster children aging out of the system. As a result, benefits vary widely from state to state.
Foster Children With Disabilities
On any given day, there are more than half a million children and youth in foster care in the United States. Foster care statistics suggest that at least one-third have disabilities. These disabilities range from minor developmental delays to significant mental and physical disabilities. These children sometimes enter foster care because their parents haven't received a level of support that will meet their needs.
Accessibility and specialized care are critical for foster children with disabilities. The needs of children in this category are diverse. This requires caregivers to be equipped with knowledge and resources to provide the necessary support. In many instances, these children require additional health care and mental health services. The foster care system strives to provide specialized training for care providers.
Unfortunately, once disabled children are placed in foster care, they are more likely than other foster children to experience maltreatment. They are also more likely to be inappropriately prescribed psychotropic medications and to do poorly in school. They are more likely to have trouble finding a permanent home. Therefore, it's important that foster parents and caretakers take the time to understand the special needs of a disabled foster child.
Funding Foster Care
The financial support necessary for maintaining the foster care system largely comes from federal, state, and local funds. Most federal funding comes from five sources:
- Title IV-B of the Social Security Act
- Title IV-E of the Social Security Act
- The Social Services Block Grant
- Temporary Aid to Needy Families (TANF)
- Medicaid
Title IV-E is a crucial part of this funding, providing financial assistance for out-of-home care, adoption assistance, and services for young adults aging out of the system.
The federal government provides funds to states to administer child welfare programs. While the federal government controls foster care operations, non-profit state-licensed organizations receive the funding. Because federal regulations require that states provide matching funds to claim reimbursement for most of these programs, federal funding plays a large role in how states and localities spend their own child welfare dollars.
Despite this assistance, there is often a gap between the resources provided and the actual needs of the children. This highlights the importance of continual foster care program improvements.
How a Family Law Attorney Can Help You
Family law attorneys play a significant role in the foster care system. They particularly help with the process of reunification or adoption. Attorneys help navigate the complexities of the child welfare system. They help ensure the rights of all parties involved are protected.
Whether it's assisting adoptive families in understanding the adoption process, advocating for the rights of birth parents, or ensuring that the best interests of the child are at the forefront during caseworker interactions, a family law attorney can be a vital resource in the foster care process.
Speak to an experienced family law attorney in your area today.