Section 38-12-2

Program established.

(a) There is established a Kinship Foster Care Program in the State Department of Human Resources.

(b) When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.

(c) The department shall establish eligibility standards for becoming a kinship foster parent as follows:

(1) Relatives within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption may be eligible for approval as a kinship foster parent.

(2) The kinship foster parent shall be 21 years of age or older, except that if the spouse or partner of the relative is 21 years of age or older and living in the home, and the relative is between 18 and 21 years of age, the department may waive the age requirement.

(Act 99-437, p. 864, § 2.)