§286.1. Kinship Foster Care Program

A. As used in this Section the following terms shall have the following meaning:

(1) "Department" means the Department of Children and Family Services.

(2) "Foster parent" means any person with whom a child in the care, custody, or guardianship of the office of children and family services is placed for temporary or long-term care of not more than three years, but shall not include any person with whom a child is placed for the purpose of adoption.

(3) "Office" means the office of children and family services of the Department of Children and Family Services.

B. There is hereby established a Kinship Foster Care Program in the office of children and family services of the Department of Children and Family Services.

C.(1) Except as provided by Paragraph (2) of this Subsection, when a child has been removed from his home and is in the care, custody, or guardianship of the office of children and family services, the office shall make reasonable attempts to place the child with a relative for kinship foster care. If the relative is approved by the office to provide foster care services, in accordance with rules and regulations adopted by the Department of Children and Family Services regarding foster care services and a placement with the relative is made, the relative shall be eligible to 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 service. The reimbursement rate shall be in accordance with the system established by the department pursuant to R.S. 46:286.

(2) A relative who has been granted legal custody or guardianship over the child shall not be eligible to participate in kinship foster care.

(3) A relative may continue to be eligible for foster care reimbursement for caring for a child in the care, custody, or guardianship of the office of children and family services beyond three years when:

(a) The child cannot safely return home.

(b) Adoption has been determined not to be an appropriate or legally viable permanent plan for the child in accordance with the best interest of the child.

(c) Other higher priority permanency options for the child, including placement with a legal guardian or in the legal custody of a relative willing and able to offer a safe, wholesome, and stable home for the child, have also been determined not to be appropriate and in the best interest of the child.

(d) The department has documented a compelling reason for the child to remain in foster care on a long-term basis, the relative has committed to a permanent, lifetime relationship with the child and parenting the child through minority, and the juvenile court has determined in accordance with Louisiana Children's Code Article 702 that long-term foster care is the most appropriate permanent plan for the child.

D. The office of children and family services shall establish, in accordance with the provisions of this Section, eligibility standards for becoming a kinship foster parent including the following:

(1) Relatives within at least the second degree to the parent or step-parent of a child who may be related through blood or marriage may be eligible for approval as a kinship foster parent.

(2) The kinship foster parent shall be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the office of children and family services shall waive the age requirement.

E.(1) A person shall be eligible to become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other individual residing in the prospective parent's home.

(2) The office of children and family services shall conduct the investigation required by this Section and shall require each prospective kinship foster parent to provide such information as is necessary to obtain the information required to complete the investigation. The office of children and family services shall request such information and assistance from federal, state, and local governmental agencies as necessary to complete the investigation. Only information which bears a reasonable relation to the performance of the duties of a kinship foster parent shall be considered.

(3) Any confidential information obtained pursuant to this Subsection shall remain confidential.

F. The office of children and family services shall determine whether the person is able to care effectively for the child by completing all of the following:

(1) Reviewing personal and professional references.

(2) Observing the kinship foster parent with household members during a home visit.

(3) Interviewing the kinship foster parent.

G. The office of children and family services and the kinship foster parent shall develop a case plan for the foster care of the child, which shall be periodically reviewed and updated. If the plan includes the use of an approved day care center or family day care home, the office of children and family services shall pay for child care arrangements, according to the rates established by the department, but only if funds are made available by appropriation by the legislature. The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy, court sessions, or visits with the foster child's parents or other family members. The kinship foster parent shall also cooperate and assist in efforts to achieve a safe, permanent home for the child.

H. The kinship foster parent shall have all the rights and privileges afforded a guardian or legal custodian for any child placed in his or her care, including access to the school and medical records of any such child.

I. The kinship foster parent shall seek enforcement of child support from the parents of a child in his or her care with the assistance of the department in accordance with applicable law.

J. The secretary of the Department of Children and Family Services shall adopt rules and regulations necessary to carry out the provisions of this Section in accordance with the Administrative Procedure Act.

Acts 1997, No. 1374, §1; Acts 2000, 1st Ex. Sess., No. 22, §1.