Foster care provides temporary support for children removed from their homes due to abuse or neglect, with the aim of eventually reuniting them with their family. Entry follows an investigation, with placements focused on the child's needs.
By Susan Buckner, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed March 26, 2025
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Family services organizations exist to protect child welfare and safety. Family laws protect both parental rights and the family unit. Where these interests intersect, the foster care system ensures that children removed from their homes have safe places to live until their living situation stabilizes.
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Foster care is the system that arranges the care and support of children removed from their parents by court order. Foster care is a state-supported and monitored system intended to be temporary until the child can be reunited with their birth parents or placed with adoptive parents.
Children enter the foster care system at the request of a social worker. In many cases, courts remove children from parental care due to:
Foster care is a vital part of the child welfare system. Foster care ensures the safety, permanency, and well-being of children who are unable to live with their birth parents. Foster care agencies handle the placement of children and manage their cases while reunification or adoption efforts continue.
Federal, state, and local child protective services take child welfare seriously. When a reporter notifies the state or county child protective service (CPS) that a child is at risk, most state laws require an investigation into the report. A caseworker opens a file on the child or family and begins a review of the case.
Not all reports of abuse or neglect lead to the removal of the child. Family courts act in the best interest of the child and prefer to keep the family together whenever possible.
Before taking drastic measures, caseworkers work with parents to correct the issues that led to the investigation. Children are only taken away from their parents and moved into foster placement when other interventions fail.
If CPS determines a child is at immediate risk, they will request a court order for emergency removal. Immediate threats to a child's safety include:
Children sometimes enter foster care if their parents die without naming a guardian or other family member to care for them. In these cases, children may go into foster care temporarily until they find permanent placement with a legal guardian.
Different states and counties use different kinds of foster care placements. The goal is a residential placement that best meets the child's needs with the least disruption.
Caseworkers do their best to keep children in the same neighborhood so they can attend the same schools, maintain friendships, and continue their activities. Social workers must make all reasonable efforts to keep siblings together unless there is a valid reason for the separation.
Foster care systems have many different kinds of placements, but they generally fall into three basic categories.
Foster care families agree to care for one or more foster children in their own homes. Foster parents undergo rigorous training and background checks and agree to follow strict rules about raising foster children.
The benefit of residential home care is that foster children remain in a home setting. Some states mandate a foster child must have their own bedroom. Family care may be part of a permanency plan leading to adoption.
Emergency or urgent response homes provide immediate short-term care for children removed from their parents by a child welfare agency in abuse or neglect situations. They may remain in these homes for a few days before going into long-term placement.
States have moved away from the group home setting whenever possible for younger children. In group homes, adults care for children in dormitory-style group settings.
In Los Angeles County, for instance, children go to short-term residential treatment programs (STRTP) when they need intensive therapy or special care following removal from their parents.
Transitional housing for children over 16 helps children prepare to live on their own once they age out of foster care. It also provides housing for homeless youths over 18 who need assistance finding housing and employment but lack parental support.
Group homes do not provide the kind of in-home support that family care provides but offer room for larger groups, education, and mental health services.
Kinship care formalizes the traditional kind of dependent child placement, where children in need of care go to live with relatives or friends of family.
According to the U.S. Department of Health and Human Services, one-third of children in out-of-home care live with relatives. Kinship care placement includes:
Courts prefer kinship care whenever possible. Relatives do not have to petition the court to take in a family member's child unless CPS makes the referral. Relatives can apply for kinship care payments, similar to foster care payments, to help defer some of the costs of raising their family member's child.
The Social Security Act (SSA) provides funding for most foster care programs. State and county agencies and non-profit foster care programs allocate the funds.
Becoming a foster parent is a rewarding and essential calling. It isn't for everyone. Not everyone can take a child into their home, love and care for them, and then hand them back to their parents or an adoptive family when the court tells them to.
Every state, and sometimes individual counties, have strict requirements for becoming a foster family. The decision-making process can take several months to more than a year. You will undergo extensive checks, interviews, and training before you receive a foster care license.
Foster parents must be over 21 years of age. They don't have to be wealthy but must have enough income to provide for their family and the foster children. They must have access to reliable transportation, education, and childcare providers.
All adult members of the household must pass a criminal background check, including a federal sex offender registry search. Most states do fingerprints and other biometric tests. Criminal red flags include sexual abuse, elder abuse, violent crimes, financial fraud, and drug crimes.
A caseworker will carry out a home assessment to ensure the foster parent's home is safe. Many people find this assessment very invasive. But the caseworker's job is to ensure the appropriateness of the home for a child who has lost their home and parents and needs a safe and secure place to stay. They want to ensure nothing in the home can harm the foster child.
During the home study, the caseworker interviews the family and may talk to neighbors and coworkers of the parents. Some things they consider include:
Parents must agree to follow state or county guidelines once they receive a foster care license. Social services workers check in regularly to evaluate the welfare of the child and the parent's compliance with regulations.
In some cases, foster parents cannot allow foster children to participate in dangerous activities. This includes school activities like ski trips, football, or camping. If the child is over the age of 12, you should ask their caseworker, or have them ask the caseworker, for permission. Foster parents cannot give permission themselves.
Unfortunately, many foster youth grow up in foster homes and reach the age of 18 without returning to their families. "Aging out" means the young adult is too old for foster care but, like other 18-year-olds, isn't quite ready to live on their own.
Foster youth have a high rate of mental illness, homelessness, and substance abuse after leaving foster care. Unlike most children, foster children cannot remain in their home after their 18th birthday. At one time, foster children were simply turned out of the house. Today, foster care programs provide help in transitioning to independent living.
The federal government created the John H. Chafee Foster Care Independence Program (CFCIP) under Title I of the Foster Care Independence Act of 1999. This program provides funding for states to assist former foster youth in their transition to adulthood. States receive funds to implement these programs under Title IV-E of the Social Security Act.
Depending on the state, services can include
Some states permit foster families to extend the child's residence with them past the age of 18 if they wish. This can help the child transition into adulthood like the family's own children.
As many as one-third of the children in foster care have some kind of disability. They can range from developmental delays to significant mental and physical disabilities or chronic illnesses like HIV. Accessibility and specialized care are critical for foster children with disabilities.
Caregivers for special-needs children must have the knowledge and resources to provide the extra care these children need. They are more likely to need additional health care services, such as doctor's and therapist's visits and regular medication or special feeding. Children with learning disabilities may have separate caseworkers for their educational needs.
Child protective agencies try to ensure that parents receive sufficient training before a special-needs child is placed in their care. However, foster parents should know the additional challenges of opening their home to a child with disabilities before signing up.
Fostering a child involves more than a child in need of care. The child's parents or other relatives, child support services, and family courts are also part of the procedure. If you want to take on this rewarding duty, you should speak with a family law attorney in your state. They can advise you on the state laws and what you'll need to do to get started on the process.
You can hire an attorney at different points in the fostering process. Many attorneys offer free consultations.
