Relative Placement refers to when Child Protective Services removes a child or children from their parent’s care, and places them into the care of relatives. Michigan law requires that the courts and CPS give serious consideration to any and all viable relative placement options. This is because relative placement is almost always preferred to traditional foster care.
In traditional foster care a child would be placed into a foster home to receive care. However, when there is a relative available and willing to take the child, the state prefers to place the child with a family member. In addition to willingness and availability however, the relative must also meet the state’s basic requirements for a placement home.
In order to meet the basic requirements, an adult relative who is being considered must submit to a home study, a criminal background check, and a Central Registry clearance. The CPS workers sometimes take their time investigating relatives being considered for placement, during which time the child is often placed with an interim foster family.
Michigan’s legal definition of ‘relative’ is actually broader than most people realize. According to the state, a relative is anyone who is related to the child “by blood, marriage, or adoption.” This can include grandparents, great-grandparents, great-great-grandparents, aunts or uncles, great-aunts or great-uncles, siblings, step siblings, nephews or nieces, first cousins or first cousins once removed. This also includes the spouses of any of the previously mentioned relatives, even if the marriage that connected them to the child has ended by death or divorce.
In addition, there have been instances where a child was placed with a putative father. By definition, a putative father is a man who has no legally established relationship to a child, but who claims to be the father, or who is alleged to be the father, even though he wasn’t married to the child’s mother at the time of the child’s birth.
In cases where relatives are not an option, parents whose children have been removed by CPS must discuss ‘fictive kin’ with their defense attorneys. ‘Fictive kin” refers to people who are considered to be part of a family, even though they are not related by either blood or marriage. In essence, close family friends.
In most cases, relative placement is considered preferable. However, there are instances where relatives are actively working against the parents, which creates additional difficulties for parents who are hoping for reunification with their children. Brandy Thompson, an experienced family law attorney at The Kronzek Firm would like to remind our readers that “If you are requesting relative placement, make sure you completely trust the relatives in question.”
According to the U.S. Department of Health and Human Services, “Approximately one-fourth of the children in out-of-home care are living with relatives.” However, it is important to bear in mind that the court is not required to place a child with a family member. For this reason, if relative placement is what the parent wishes for their child, the request should be presented along with evidence that it is in the best interest of the child.
Ideally, a child should be placed in a home where they will be cared for, they will have continued contact with family members and known family friends, and they will not be involved in discussions about the allegations in their parent’s case. In a majority of instances, these criteria are more likely to be met in the home of a relative than the home of a stranger.
The skilled CPS defense attorneys at The Kronzek Firm have spent decades fighting CPS. We have many, many years of experience protecting mid-Michigan families, and helping children to be placed with relatives instead of strangers. If you are in danger of losing your children to CPS, and want to ensure they are placed with loved ones until they are returned to you, call us immediately at 866-346-5879. We are here to help you!