What Happens If DCS Places a Child With a Relative Instead of You?

By: Grant Kirsh

One of the more frustrating experiences a foster parent can face is this: you have been caring for a child, building a bond, and working toward adoption, and then DCS decides to place the child with a relative instead.

This happens. And while it can feel like a loss, it is important to understand why it happens and what your options are.

At Kirsh & Kirsh, P.C., we have handled nearly 3,000 foster care adoptions in Indiana. We work with families across Marion County, Lake County, Allen County, Hamilton County, Tippecanoe County, St. Joseph County, Hendricks County, Elkhart County, Johnson County, Delaware County, Vanderburgh County, Porter County, Madison County, Vigo County, Monroe County, and the rest of Indiana. Here is what you need to know.

Indiana Prioritizes Kinship Placement

Indiana law and DCS policy give preference to placing children with relatives whenever it is safe and appropriate. If a kinship relationship exists, that family may receive priority for placement, even if the child has been living with a non-relative foster family. Kinship families may also skip or expedite the foster care licensing process.

This priority reflects a belief that children do best when they can maintain existing family connections, and in many cases, kinship placements do serve the child’s best interests.

When Does This Typically Happen?

Relative placements can happen but not at any point during the case. Sometimes a relative steps forward early. Other times, a relative comes forward later in the CHINS process, sometimes even after the permanency plan has changed to adoption. When a viable relative is identified, DCS must evaluate whether placement with that relative is appropriate. If you have had placement for more than 12 months and you have a petition for adoption filed though, placement of the child cannot take place until your adoption petition is heard first. This is why it is important to file a petition for adoption as soon as possible.

Losing placement of a child you have been caring for can be especially painful for foster parents who have been caring for the child for months or even years. The bond is real, and having that disrupted is emotionally devastating.

What Can You Do?

Foster parents do not typically intervene in CHINS or TPR cases. However, you do have a voice. Foster parent court reports allow you to share your perspective with the court, including information about the bond between you and the child, the child’s adjustment in your home, and your commitment to permanency.

An experienced foster care adoption attorney can advise you on how to make your voice heard effectively within the legal process. At Kirsh & Kirsh, P.C., we know the courts and judges across Indiana, and we help foster families navigate these difficult situations with care and legal expertise.

It Is Not Always the End

In some cases, a relative placement does not work out. The relative may be unable to meet the child’s needs, may not complete the licensing process, or may face their own challenges. If the kinship placement fails, the child may return to foster care, and the original foster family may again be considered for placement and adoption.

The Emotional Reality

We are not going to pretend this does not hurt. It does. Foster parents pour their hearts into the children in their care, and having that disrupted by a relative placement can feel deeply unfair. The legal system is designed to prioritize the child’s best interests, and sometimes that means outcomes that are hard for the adults involved.

If you are in this situation, know that you are not alone. And know that the work you did for that child, the love, the stability, the safe home, mattered.

Call us at 317-575-5555. Visit us at DCSAdoptions.com.

For a complete overview of the foster care adoption process, read our Complete Guide to Adopting from Indiana Foster Care.

About the Author
Grant Kirsh is a second-generation adoption attorney and owner of Kirsh & Kirsh, P.C., a family law firm in Indianapolis, Indiana that has been serving Indiana families since 1981. Grant graduated from Indiana University McKinney School of Law in 2013 and has personally handled nearly 3,000 foster care adoptions and his law firm has handled over 5,000 private newborn adoptions. He practices all forms of domestic adoption, with a deep personal commitment to expectant mothers considering adoption in Indiana and Indiana’s foster care system and the families and children it serves.