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Not all families are the same, and sometimes there are children who have been orphaned or removed from their homes and need a stable, nurturing environment. Foster care is a method of providing complete care and support for children who are without parents or legal guardians. This arrangement is often temporarily but in some cases leads to adoption. The Foster Care section of the Family Law Center can provide you information and resources relating to all of the stages the foster care process.

This section contains articles about the history of foster care in the United States and how foster care is funded today, including the federal programs that provide those funds so that state can administer foster care operations. You can also find the requirements for prospective foster parents, an overview of foster children with medical issues or disabilities, and learn what it means to “age out” of foster care. FindLaw’s Adoption section has related articles and resources for further reading and research.

The Basics of Foster Care

Caring for orphaned children has a long history, and forms of foster care have existed in the United States since its founding. Today, foster care can take one of three forms:

  • Single Foster Family: One or more parents cares for up to six foster children in the parents’ home, possibly with the parents’ own biological children
  • Group Home: Adults supervising more than six foster children (these homes, though better regulated today, have a history of abuse and neglect due to overcrowding, underfunding, and a lack of oversight)
  • Kinship Care: Full-time foster care by relatives, godparents, stepparents or another adult who has a prior relationship with the child

The majority of foster programs are funded by the Social Security Act, which passes funds to non-profit state-licensed organizations who oversee local foster programs. Foster parents are able to receive subsidies and reimbursement for the additional expenses of caring for a foster child.

Who Can Be a Foster Parent?

In order to ensure the safety and wellbeing of foster children, there are qualifications a person must meet before becoming a foster parent. While state law can vary on specifics, these requirements generally fall into two categories: logistical concerns like if the person is over 21 years, has a regular source of income, adequate space for the child(ren), and a clean criminal record; and personal concerns like the potential foster parent’s maturity, dependability, flexibility, and past experience with children.

Most states require prospective foster parents to submit to a home assessment of all family members and some training or counseling sessions prior to placing a foster child in a home. How long a child remains in foster care depends on many issues: how quickly the child can be adopted or be returned to his or her family, whether the foster parents want to adopt the child, or when the child is emancipated or reaches the age of majority (18 in most states).

Legal Help for Foster Care

The foster care process can be complicated, and deciding to be a foster parent can be a serious emotional and legal decision. A knowledgeable family law attorney may be able to provide you with further answers to your questions and inform you of your legal rights and responsibilities as a foster child or a foster parent.

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Recent Topics

  • Aging Out of Foster Care
    Created by FindLaw's team of legal writers and editors.

    Once a foster child turns 18, he or she “ages out” of foster care. Learn about the challenges facing former foster children and the government’s efforts to assist recently emancipated young adults.

  • Background and History
    Created by FindLaw's team of legal writers and editors.

    A brief history of foster care and the laws regulating it. Learn about the origins of American foster care programs, the roles state and federal governments have played in regulating foster care, and more.

  • Funding and Federal Programs
    Created by FindLaw's team of legal writers and editors.

    The federal government provides funding to the states to administer foster care, child welfare, and adoption programs. This section offers information on the sources of foster care funding and the relationship between federal and state governments.

  • Foster Care Overview

    Foster care refers to the temporary placement of orphaned children (or those who have been removed from their homes due to the termination of parental rights) with other families, who are called foster parents. For any number of reasons, parents some...

  • Foster Children

    Foster children face a host of issues other kids don’t have to worry about. Foster parents stepping in to help them can best do so by knowing in advance the complications these children will likely face. Virtually all foster children face certain cha...

  • Medical Issues and Children with Disabilities
    Created by FindLaw's team of legal writers and editors.

    Foster children who suffer from medical issues or disabilities are dependent on the government for health services. In this section, you’ll find information on why foster children suffer high rates of physical or psychological problems, the medical treatment they receive, and more.

  • Foster Parent Requirements
    Created by FindLaw's team of legal writers and editors.

    People who want to be foster parents must meet certain requirements. In this section, you’ll find a list of common requirements for foster parents, including a clean criminal record, a regular source of income, and age requirements.

  • How to Foster a Child
    Created by FindLaw's team of legal writers and editors.

    Thinking about becoming a foster parent ? At it's core the concept of foster care is to provide children with temporary, safe, and stable housing – for a matter of days or even years – until they can be reunited with their families. We may think of f...

  • Types of Foster Care
    Created by FindLaw's team of legal writers and editors.

    An overview of the two types of foster care: group homes and kinship care. Learn about the key differences between the two forms of care, the role each plays, and the recent expansion of kinship care.

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