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Illinois Expands ‘Family’ Definition in Foster Care: Relative Placements Rise, Support Challenges Emerge


 By: Julianna Walo, Esquire 

The number of foster children being placed with relatives in Illinois has been steadily climbing over the last decade. The passage of a new state law is expected to fuel the trend. Under the Fictive Kin Law, passed in 2015, Illinois expanded the definition of family to include individuals unrelated by birth or marriage who have developed close ties to the child or the child’s family. Those individuals include close family friends, godparents, step-relatives, or a relative’s spouse or partner from a civil union. In Illinois, relatives and fictive kin are not required to be licensed — and few of them are. That trend has implications for the amount of financial assistance the families get. 

“Fewer and fewer foster parents are coming forward so it’s not surprising that in Illinois, or in other states, you see this increasing trend of relying more on relative homes,” said Bryan Samuels, executive director of Chapin Hall, an independent policy research center focused on child and family well-being at the University of Chicago. Relatives can be a more stable, less traumatic option for children being uprooted from their homes following accusations of abuse or neglect. 

Also, relatives and fictive kin often are available for immediate protective custody without bringing the child into formal foster care, and many are willing to assume guardianship as a permanency placement. 

However, fictive kin placements also need the support and resources traditional placements receive. 

Over three decades ago, the ACLU filed a lawsuit against the Illinois Department of Children and Family Services that resulted in an ongoing federal consent decree — now known as B.H. v. Walker — covering a wide range of issues involving the safety, well-being and permanency of youth in substitute care. Under the federal consent decree, DCFS expanded its efforts, particularly in the last year, to identify relatives who can take in children on a temporary or longer basis. Claire Stewart, staff attorney for the ACLU said an uptick in maltreatment cases suggests that families need more wraparound services and support, such as therapeutic day care. We’ve brought this issue to the department’s attention and it has been largely ignored,” she said. 

To learn more about Justice for Kids, visit us at www.JusticeForKids.com.


Julianna B. Walo, Esq.
Attorney, Justice for Kids
Kelley Kronenberg-Chicago, IL
754-888-KIDS (5437)
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