Extended family members of a child at risk of neglect or abuse may now have a voice in Child Protective Services proceedings that decide what is best for that child.

Thanks to Pennsylvania’s Act 48, grandparents, aunts and uncles, and other extended family members who are not currently providing care for the child have the right to be considered as kinship caregivers.

Amendment to Judicial Procedure

Previously, the opinions of these extended family members were not necessarily considered unless they were already providing care to a child or children at risk of neglect or of physical, emotional, or sexual abuse. The new law gives them the right to receive notice of hearings and to present evidence and testimony as to their qualifications as kinship resources.

Lawmakers recognized that kin of vulnerable children in Child Protective Services may be best suited to help their young relatives.

Living in the homes of family or other trusted adults has been shown to minimize trauma and increase positive outcomes, but fewer than 42 percent of children receiving care in the state are placed in such homes, according to the lawmaker who sponsored the amendment.

“No child should be unnecessarily placed in a county youth agency,” state Rep. Rick Krajewski said.

And yet, that is what almost happened in a recent case overseen by our Attorney Shannon Costa.

A maternal grandmother had been approved as an interstate kinship resource for her granddaughter, who was in the custody of Lancaster County CYS. But CYS denied the grandmother’s request to have her grandchild transferred from a non-kinship foster home to her own home in Tampa, Fla.

Thanks to Act 48, the grandmother gained the right to give testimony on her qualifications to provide kinship care. The court then determined that it was in the girl’s best interest to relocate – with her mother – to the maternal grandmother’s home.

How Can Kin Be Considered as a Resource?

The new law, which took effect in February 2024, defines a ‘Potential Kinship Care Resource’ as:

“An individual who meets the requirements to be an emergency caregiver and has expressed a willingness to be a kinship caregiver for a dependent child.”

It gives adult relatives the right to receive notice of child dependency hearings, as well as a chance to be heard during the hearings, as to their qualifications to provide kinship care. In fact, Act 48 requires the county agency or juvenile probation department to seek out the opinions of individuals connected to family-finding and kinship care programs before and during the dependency process.

As well, the new law requires that timely notice of a dependency hearing be given to potential kindship care resources – in addition to the child’s foster parent, pre-adoptive parent, and relative providing care for the child. The court may decide at that dependency hearing, or at a separate hearing, whether the Potential Kinship Care Resource qualifies to provide Kinship Care.

Our team of lawyers at Abom & Kutulakis have experience and knowledge handling dependency, investigations, and all CYS matters. Contact us to set up an appointment to discuss how we can help you be considered as a kinship care resource under Act 48.