When a child is removed from home, DCS and the juvenile court must now presume that placing the child with an adult relative, an extended family member or a person with a significant relationship to the child is in the child's best interest, and the court must order such a placement when one is available and in the child's best interest.
Official title: DCS; kinship care placement; requirement
- September 12, 2026
What changes
BeforeDCS's kinship foster care program had to promote placing a child with a relative or a person with a significant relationship with the child.
NowThe program must presume that placement with a relative, an extended family member or a person with a significant relationship is in the child's best interest. At the first court hearing after removal, the court must apply the same presumption for adult relatives.
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NowA new term, "extended family member," means an adult connected to the child by marriage to a biological or adopted family member of the child. DCS must include these people in its 30-day search for relatives, and it must send them written notice along with relatives and people with a significant relationship.
BeforeAt the initial dependency hearing, the court had to determine that DCS was trying to place the child with a grandparent or another member of the child's extended family.
NowThe court must order the child placed with an adult relative, an extended family member or a person with a significant relationship if such a placement is available and in the child's best interest. Its placement order must come within 48 hours after the initial dependency hearing. At both early hearings, the court must make written findings of fact and conclusions of law on the record.
BeforeA child in foster care had a right to be placed with a relative when that was in the child's best interest, and to contact with siblings and family when that was in the child's best interest.
NowThe child has a right to be placed with an adult relative, an extended family member or a person with a significant relationship unless the placement is not in the child's best interest. The child has a right to placement with, visits with and contact with siblings and family members when this does not pose a risk to the safety of the child or the siblings.
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NowA child in foster care or kinship foster care has a right to be updated at least every 30 days on DCS's efforts to place the child in kinship foster care or with the child's siblings.
Who it affects
- Children removed from their homes and in DCS custody
- Adult relatives of these children
- Extended family members by marriage
- People with a significant relationship with these children
- Parents and guardians in dependency cases
- Foster parents
- Department of Child Safety
- Juvenile courts
What you need to do
Nothing. Adult relatives, extended family members and people with a significant relationship with the child who get a DCS notice are required by that notice to respond within 30 days; extended family members are now included in this requirement.
What the law doesn't answer
- What evidence is needed to overcome the presumption that a kinship placement is in the child's best interest
- Whether the changes apply to cases already open before the law takes effect
- Who must give the child the 30-day updates, and in what form
- Whether any new funding or staff are provided to carry out these requirements
- What happens if the court cannot make a placement order within 48 hours after the initial dependency hearing
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.