Foster care payments now required for approved temporary kinship placements in Kentucky, Michigan, Ohio and Tennessee

On October 10, 2017, the Supreme Court denied a petition to hear a child welfare case about kinship placements decided in January 2017 in the Sixth Circuit Court of Appeals. The Circuit Court ruled on January 27, 2017, that kinship foster families are entitled to the same foster care maintenance payments as unrelated foster parents. D.O., et al. v. Glisson, No. 16-5461 (6th Cir. Jan. 27, 2017). The court’s ruling primarily rests on provisions of the Civil Rights Act of 1871 (42 U.S.C. § 1983), the Adoption and Child Welfare Act of 1980 (also known as the Child Welfare Act, CWA or Title IV-E of the Social Security Act codified in 42 U.S.C. § 672), and Supreme Court cases that have collectively interpreted these two statutes to confer a private right to foster care maintenance payments that is enforceable by foster parents regardless of whether the foster parents are related or unrelated to the child(ren). [More]