Kinship Foster Care: Implications of Behavioral Biology Research

Herring examines how behavioral biology research on kinship and family attachments informs legal policy regarding kinship foster care arrangements. The article synthesizes biological and psychological research demonstrating that children maintain stronger attachments and better outcomes when placed with relatives following parental separation or death compared to placement with unrelated foster families. Herring argues that this scientific evidence should influence family law policy, custody determinations, and foster care placement priorities. The author examines state law approaches to kinship care, tracing how different jurisdictions prioritize relative placements in custody and welfare proceedings. Herring discusses how kinship care arrangements reduce financial burdens on public foster care systems while preserving children's family connections and cultural identity. The article explores legal barriers including lack of financial support for kinship caregivers, licensing requirements that disadvantage relative placements, and custody law provisions that may not adequately protect kinship arrangements. Herring proposes that states should formally recognize kinship care preferences in law and provide equitable financial and legal support for relatives serving as guardians.

Keywords: kinship care · foster care · family law · child welfare · relatives · custody