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Former Relative
[EAS 45-101.(f)(4)] and [45-202.518]
Definition
“Former relative” means a person related to a child by birth or adoption by virtue of being one of the persons within the fifth degree of relationship when legal rights to the child are terminated by the filing of a relinquishment with the Department or by court action.”
Continuing Eligibility for Former Relatives
[EAS 45-101 (r) (1) (A)]
Federal Foster Care
Although parental rights are terminated and relative status ceases for federal Foster Care eligibility, a relative of the child who is within the fifth degree of relationship, is considered a “former relative”.
A former relative is entitled to federal Foster Care payments. They do not have to be licensed as long as the home is “Approved or Certified” and all other Foster Care eligibility requirements are met.
Non-Federal Foster Care
For non-federal Foster Care, a “former relative” is NOT considered a relative. In order to receive non-federal Foster Care payments, the “former relative” must be licensed, approved or certified and meet all other state Foster Care eligibility requirements.
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