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Sibling Issues in Foster Care and Adoption
Series: Bulletins for Professionals |
Author(s):
Child Welfare Information Gateway
|
Year Published: 2006 |
1. Defining a Sibling Relationship
The identification of siblings can be a challenging issue, especially in cases in which children have lived in more than one family. Children's definitions of their siblings often differ from those of caseworkers or official legislative definitions.
Informal Definitions
Children are less formal than adults in their view of who is a brother or sister. In particular, children involved with the child welfare system may experience a number of different families and may develop ties with other children with whom they may or may not have a biological relationship. In child welfare, the term "fictive kin" has been introduced to recognize types of relationships in a child's life where there is no legal or biological tie, but a strong, enduring bond exists (Casey Family Programs, 2002).
There are many types of relationships that might be defined as sibling relationships:
- Full or half-siblings, including any children who were relinquished or removed at birth
- Step-siblings
- Other close relatives or nonrelatives living in the same kinship home
- Foster children in the same family
- Orphanage mates or group-home mates with a close, enduring relationship
- Children of the partner or former partner of the child's parent
While laws and policies may have restrictive definitions of siblings that typically require a biological parent in common, child- and family-centered practice would respect cultural values and recognize close, nonbiological relationships as a source of support to the child. In these cases, the child may be one of the best sources of information regarding who is considered a sibling.
Legislative Definitions
States vary in their definitions of sibling relationships as well as in the policies regarding sibling placement. In past practice, judicial enforcement of States' statutory protections for siblings in child welfare has applied only to siblings who have established personal relationships prior to their entry into State custody (Shlonsky, et al., 2005). For instance, in a number of States, legislation requires that any sibling relationships be taken into consideration when determining the best interests of the child for the purposes of court custody decisions. In a few States, there are statutes and regulations that mandate what efforts caseworkers must make in terms of visits and placements to maintain ties among siblings in foster care. State-by-State information regarding postadoption contact can be found in Child Welfare Information Gateway's Postadoption Contact Agreements Between Birth and Adoptive Families.
California is an example of a State that has detailed legislation regarding sibling issues, defining a sibling as a child related to another person by blood, adoption, or affinity through a common legal or biological parent. California's law allows any person, including a dependent child, to petition the court to request sibling visitation, including postadoption sibling contact or placement with or near a sibling (Herrick & Piccus, 2005; Christian, 2002). The State of Washington also broadly defines "sibling" in legislation and includes language that refers to tribal law or custom for defining siblings of Indian children.
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