The Overview

If you are a grandparent, aunt, uncle, or family friend caring for a child in the foster system, California now has a dedicated kinship family approval pathway designed to get children placed with you faster. California's Kinship family approval bill, AB 2478 became law when Gov. Gavin Newsom (D) signed it Sept. 27. ​

Only about 35.8 percent of California children entering foster care were placed with relatives, even though research shows children generally fare better in kinship placements than in non-kin settings, according to UC Davis Continuing and Professional Education. The kinship family approval process must be in place by July 1, 2028.

What the Law Does

The law requires the State Department of Social Services to create a kinship family approval process covering relatives, nonrelative extended family members, and extended family members of an Indian child. Counties must inform eligible caregivers of their options and let them choose between the new kinship pathway, the existing resource family approval process, or, for an Indian child, a tribally approved home.

On emergency placements, courts may now place a child with a nonrelative extended family member regardless of the status of a criminal record exemption or approval, as long as the placement does not pose a risk to the child's health and safety.

Kinship families gain access to pupil records for children in their care, and applicant information is kept confidential. Knowingly filing a false application statement or hiding a material fact is a misdemeanor.

Legislative Status

Asm. Nick Schultz (D-CA-44) sponsored the bill as lead author, with Solache and Castillo joining as cosponsors. The Assembly passed it 78-0 on May 26, the Senate passed it 39-0 on Aug. 30, and the Assembly concurred in Senate amendments 79-0 on Aug. 31.

The County Welfare Directors Association of California, which sponsored the bill, said the law streamlines kinship family approval and clarifies emergency-placement rules to help place children more quickly with safe caregivers they already know, according to the CWDA. The Children's Law Center of California, co-sponsoring alongside the Alliance for Children's Rights and Children's Legal Services of San Diego, described the law as recognizing the positive impacts of kinship care and bolstering the state's commitment to keeping families together, the Children's Law Center reported.

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