By Marcy Bursac
Whether a grandmother taking on the care of her grandchild while her child is incarcerated, or an uncle stepping in to parent his siblings’ kids because of mental health issues, entering the role of a kinship caregiver can frequently lead to feelings of loneliness and isolation.
Kinship care, where children are looked after by relatives or close family friends, is a critical component of our child welfare system.
With more than 2.4 million children in the United States in the care of their grandparents or other kin, according to the U.S. Census Bureau, this is definitely not a rare situation.
“For children whose parents cannot care for them, living with kin provides children with critical connections to their culture, family and roots,” said Ana Beltran, director of the Grandfamilies & Kinship Support Network at the nonprofit Generations United.
“The smells coming out of the kitchen are familiar, the stories and values are shared and simply put — the children feel the love of being with people who know where they came from.”
While noble, kinship caregivers often get involved with little notice or preparation and are often given limited guidance. Many do not receive any financial support as they try to meet the needs of the children in their care.
On top of this, kinship caregivers often face significant legal challenges that require professional representation, something that is not always easy for kin caregivers to find or access.
The Importance of Legal Representation
Legal representation is essential for kinship caregivers to navigate the complexities of the court system, secure custody, access services and advocate for the best interests of the children in their care.
Common legal needs can be for documentation like obtaining a child’s birth certificate or more complex needs like determining and securing financial subsidies.
Without proper legal support, caregivers may struggle to protect the child’s welfare and their legal rights.
Barriers to Retaining Legal Representation
Many kinship caregivers encounter significant barriers when trying to secure legal representation of kids in their care. These include:
1. High Costs: Legal services can be expensive for many caregivers.
2. Lack of Awareness: Many caregivers do not know where to find legal help or what resources are available to them.
3. Limited Availability of Resources: Some areas lack sufficient legal aid services to meet the demand, leaving caregivers without necessary support.
Strategies to Overcome Barriers
Despite these challenges, there are several strategies kinship caregivers can employ to secure the legal representation they need:
1. Kinship Navigator Programs: These resources offer information, referral and follow-up services to caregivers to link them to the benefits, including helping kinship providers get connected to legal support.
These are a free one-stop-shop resource available to kinship providers thanks to increased federal funding in 2018. A directory of services and supports can be found on The Grandfamilies & Kinship Support Network website at https://tinyurl.com/kinshipnavigatordirectory.
2. Ask the State Guardian ad Litem (GAL) for Help: If the child has been placed with kin as a result of the child welfare system’s involvement, the GAL can help connect kin caregivers to resources and support like counseling, financial assistance and educational resources that will help care for the child.
3. Support Networks: Connecting with other kinship caregivers can provide emotional support and share valuable resources and experiences.
4. Seek Pro Bono Services: Many lawyers are willing to offer their services for free to those in need. Caregivers should not hesitate to ask for pro bono support.
5. Utilize Nonprofit Organizations: Numerous nonprofit organizations specialize in providing legal aid to kinship caregivers. These organizations can offer free or low-cost services.
6. Explore Online Resources: The internet offers a wealth of free legal information and assistance. Websites like Legal Aid and the American Bar Association provide valuable resources.
7. Contact Local Bar Associations: Local bar associations often have referral programs that can connect caregivers with attorneys who offer sliding-scale fees or even pro bono services.
Kinship Navigator Programs and Resources
Child welfare advocates emphasize the significance of Kinship Navigator Programs.
These programs, supported by federal funding, offer a comprehensive directory of services, including referrals for financial benefits like food stamps, Medicaid and cash assistance through Temporary Assistance for Needy Families (TANF) as well as essential items such as diapers and bus passes. Each state may have unique programs in place.
For instance, in Missouri, programs such as MO Kin-4-Kid and ParentLink Kinship Navigator provide resources and consistent support to kinship caregivers, helping them negotiate complex legal and financial landscapes.
Formal vs. Informal Kinship Care
Understanding the difference between formal and informal kinship care is crucial for accessing appropriate resources.
Formal kinship care involves the child being in the custody of the state, often following a safety issue. This route can lead to eligibility for subsidies and financial support.
In contrast, informal kinship care occurs without state intervention, often resulting in caregivers lacking access to financial aid and legal support, or needing to seek it out outside of the child welfare system.
In the case of formal kinship care, kin caregivers will benefit from legal help as they navigate a child’s case plan and efforts to either reunify or plan for other permanency options. “A concurrent plan is often made to ensure the best outcome for the child, whether that’s returning home to parents or transitioning to legal guardianship or adoption,” said Dr. Kimberly Janha, CEO of Kindred Hearts of South Carolina.
The legal processes for guardianship and adoption can be daunting. Kinship caregivers often need legal documentation to enroll children in school or secure medical care.
Additionally, caregivers might need to navigate complex subsidy eligibility requirements, which can vary based on whether or not the child has been in state custody.
Often, material support like child care and health insurance is available, but private attorneys might need to step in, often working pro bono, to assist caregivers in navigating these legal hurdles and ensuring they maximize the benefits available to them.
If kinship caregivers need private legal representation during the termination of parental rights process, they typically must cover their own legal fees.
Role of Support Networks and Community Resources
Building a reliable support network is a good strategy for kinship caregivers to access legal resources.
“Kin caregivers often drift apart from their friends when they unexpectedly start raising children again. Their friends may be retired and planning their next cruise — not arranging carpools. So, finding other caregivers who walk in their same shoes is a critical lifeline of support,” said Beltran.
Getting support from others who are navigating similar situations can be extremely beneficial.
As the child ages and new legal resources are needed, others who have been there or are there are great resources.
Janha has firsthand experience as a kinship caregiver and encourages kinship caregivers to be part of a
kinship circle or kin support group.
Peer liaisons and support groups often meet at local spots like libraries, churches and community organizations. These groups provide significant support, helping caregivers connect with legal resources and navigate the complexities of kinship care.
“It’s crucial for kinship caregivers to seek out support networks and resources throughout all the years and months spent raising the child,” Janha said.
Retaining legal representation is crucial for kinship caregivers to ensure the well-being of the children in their care.
By seeking pro bono services, utilizing nonprofit organizations, exploring online resources, contacting local bar associations and building support networks, caregivers can overcome barriers and find the legal support they need. •
Marcy Bursac chose foster care adoption as her Plan A and now mentors others through the same complex
process via her nonprofit, The Forgotten Adoption Option. She creates resources like books, a podcast, a free
app and free lesson plan to help adults adopt children and sibling groups from the U.S. foster care system.
Bursac was honored with the Pilot Pen G2 Overachievers Grant on The Kelly Clarkson Show, named an
Angels in Adoption honoree, and voted People’s Choice as United States of America’s Mrs. Ohio 2022. She
actively supports others on Facebook, Instagram and LinkedIn.
