Federal ruling aims to keep Kentucky foster children in relative’s care

“A federal appeals court ruling aims to keep foster children in the care of their loved ones in Kentucky.

“This would be a win for families and a win for children, regardless of the cost,” said McCracken County Family Court Judge Deanna Henschel.

Relatives who foster a child in the state’s custody don’t get paid like foster parents do. A federal judge’s ruling changes that. Some worry that it will be too costly for the state, while others say it’s what’s best for the children.

As McCracken County’s Family Court judge, Deanna Henschel says she sees too many cases where a child can’t live with a loved one, because their relative can’t afford it.

“We’re asking the relatives to make huge sacrifices to keep the children in the family,” Henschel said.

As a one-time foster parent and now an adoptive mother of four, she understands the costs.

“We were able to go out and buy new beds and new wardrobes, because they came with nothing but the clothes on their back,” Henschel said.

Relatives caring for a child in the state’s custody don’t get the same help from the state to afford those things. A federal appeals court ruling changes that.

“They have needs. They’re poor children, poor families,” said Lexington Lawyer Richard Dawahare.

Dawahare filed the lawsuit on behalf of a low-income woman denied foster payments for her two great nephews.

The only worry over the ruling is how the state will afford it.

Numbers from the Cabinet for Health and Family Service’s website show, at more than $70 per day depending on a child’s medical needs, the state pays around $55,000 of your tax dollars each year. Right now, 7,900 children are in the state’s custody, with 300 living with relatives who aren’t getting paid.

“The state will have to pay some, but a large portion will come from federal government” Dawahare said.

Henschel says it will be worth it.

“The foster care payment is a huge benefit to parents and a huge benefit to the children,” Henschel said.

Henschel says it’s still unclear how exactly McCracken County families will be impacted by the ruling. She says a lot will need to be worked out before those relatives start getting payments.

The relatives would receive payments until there is a permanent custody order, giving them custody of that child.

The Cabinet of Health and Family Services oversees foster children in the state. A spokesperson says the cabinet continues to review the order and consider further legal options.”

Federal ruling aims to keep Kentucky foster children in relative’s care
[WPSD 6 2/1/17 by Ashley Sanchez and Mason Watkins]

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