In July 2011, the U.S. Administration on Children, Youth, and Families released a report, Report to Congress on States’ Use of Waivers of Non-Safety Licensing Standards for Relative Foster Family Homes, which describes state practices in waiving non-safety licensing standards in kinship care authorized in the Fostering Connections Act. 

Information tracked for the report includes FY 2009 data on:  (1) the number of children in both licensed and unlicensed relative foster homes; (2) the frequency of waiver usage and which standards were waived; (3) an assessment of how waivers have impacted the safety, permanence, and well-being of children in care; and (4) an analysis of the remaining obstacles to kinship placements and potential regulatory and legislative solutions. Unfortunately, in 2009, a number of states did not yet track licensed versus unlicensed placements, while others did not track waivers sought by private agencies. Those issues coupled with the lack of uniformity in state definitions of licensed and unlicensed placements made it hard to provide national estimates on licensed and unlicensed kinship care arrangements.

Still, the report provides an important glimpse into the use of kinship care placements and non-safety licensing standard waiver usage around the country.  Perhaps more importantly, it also highlights the continuing obstacles to kinship care placements, including the difficult and time-consuming licensing process itself, a desire to avoid the child welfare system, privacy concerns around personal information required to be shared including background checks, and conflicting state laws, among others. Finally, a number of potential solutions were put forward—including early identification of kin and simplification of the process for relatives, providing foster parent training to relative caregivers, addressing language barriers, increasing caseworker awareness of the importance of kinship, de-linking federal foster care payments from the old Aid to Families with Dependent Children income standards, and providing further financial incentives to states to increase both licensed and unlicensed kinship placements.

Some states have enacted statutes regarding  waiver  of licensing standards for relative caregivers.

Mississippi
Mississippi’s statute provides that in placing a child in a relative's home, the department may waive any rule, regulation or policy applicable to placement in foster care that would otherwise require the child to have a separate bed or bedroom or have a bedroom of a certain size, if placing the child in a relative's home would be in the best interest of the child and such requirements cannot be met in the relative's home. (Miss. Code Ann. §45-15-13).

Nebraska
Under the Nebraska law, the department is required to adopt and promulgate rules and regulations for the proper care and protection of children by licensees; the issuance, suspension, and revocation of licenses, probationary and provisional licenses to provide foster care; and the provision of training in foster care, which training shall be directly related to the skills necessary to care for children in need of out-of-home care, including, but not limited to, abused, neglected, dependent, and delinquent children. The training required may be waived in whole or in part for persons operating foster homes providing care only to relatives of the foster care provider. Waivers shall be granted on a case-by-case basis. Neb. Rev. Stat. §71-1904

Other states have developed resources to support best practice in waiving non-safety related foster care licensing standards on a case-by-case basis for kin seeking to become foster parents

Idaho
The Idaho  Resource Family Licensing for Relatives, Fictive Kin and Non-Relatives provides resource family licensing standards and requirements and information on waivers and variances to licensing requirements.

Michigan
Michigan has developed a Relative Licensing Policy that describes the state’s procedures for conducting home assessments with unlicensed relative caregivers.

Missouri
Missouri’s  Agency Arranged Relative or Kinship Care Due to the Children’s Division Legal Custody describes the state’s approval process utilizing the non-safety licensing standards waiver.

North Dakota
North Dakota has develop a policy, Licensed Relative Family Foster Care, that states that every effort must be made to ensure that all family foster care providers meet all licensing standards.  It allows waivers for relatives willing to care for specific relative children in care in such areas as specific items listed on the fire safety checklist. (An alternate plan must be provided); sleeping arrangements; physical characteristics of the home; and the direct bearing offenses of burglary, robbery or assault, or non-direct bearing charges, if the individual has completed the terms of probation, parole, or other form of community corrections or imprisonment without a subsequent charge or conviction.

Wisconsin
The Wisconsin Administrative Code. Ch. DCF 56 Foster Home Care for Children describes the standards for licensing resource families and uses an asterisk (*) to designate non-safety standards that can be waived for relatives.  Wisconsin also has developed information materials for relative caregivers, Becoming Licensed as a Foster Parent When Caring for Family Member.

American Bar Association.  Relative Foster Care Licensing Waivers in the States: Policies and Possibilities (September, 2010)

Child and Family Research Center.  The License Status of Kinship Foster Parents and the Safety of Children in Their Care.