Also known as:foster parents · foster parenting · foster carer
Written by attorneys · grounded in primary & secondary sources — see below
A licensed caregiver authorized by the state to provide temporary housing, supervision, and daily care for a child removed from the child's home. The arrangement creates no legal parent-child relationship and ends when the child is returned to the biological parents, placed for adoption, or reaches majority.
Sources & Authorities
How it applies
Common Examples
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Discretionary Waiver for Religious Agency
The City of Philadelphia contracts with private agencies to place children in foster homes and bars any agency from declining to certify same-sex couples. Alpha Family Services, a religious organization, seeks an exemption based on its beliefs. Because the city treasurer may grant case-by-case waivers for long-standing community institutions, the policy is not generally applicable. Alpha Family Services may therefore refuse to certify same-sex couples without violating the Free Exercise Clause.
State Liability for Foster Home Abuse
After a county social worker places four-year-old Joshua with foster parents known to have prior abuse reports, the foster father beats Joshua into a coma. Joshua's mother sues the county for failing to protect him. Because the state had not taken Joshua into its physical custody in the manner of incarceration, the Due Process Clause imposes no affirmative duty on the county to shield him from private violence.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Restatements
Dictionaries
DeShaney v. Winnebago County Department of Social Services489 U.S. 189 (1989)
Limited Rights of Long-Term Foster Families
The Organization of Foster Families sues New York officials claiming that foster parents who have cared for a child for more than one year acquire a protected liberty interest in continued custody. The Supreme Court holds that any such interest is weaker than the biological parents' rights and may be terminated by the state without violating due process when the child's best interests require removal.
Smith v. Organization of Foster Families For Equality and Reform (OFFER)431 U.S. 816, 862-863
County Placement Without Prior Warning
County officials place a child with known behavioral issues into the home of licensed foster parents Mark and Lisa Rivera without disclosing the child's history. When the child damages the home and injures Lisa, the Riveras seek to hold the county liable for the placement decision. Because foster care is a temporary licensed arrangement that confers no legal parent status, the court evaluates the county's duty solely under ordinary tort standards.
Notice to Unwed Father in Adoption
An unwed father never registers with the putative-father registry and never lives with or supports his child, who has been placed in foster care. When the mother consents to adoption, the state need not notify the father. The Court holds that his failure to grasp the opportunity to develop a relationship means he has no constitutionally protected interest requiring notice.
Lehr v. Robertson et al.463 U.S. 248 (1983)
Burden of Proof in Termination Proceedings
After a child has lived with foster parents for three years, the state seeks to terminate the biological mother's parental rights so the child can be adopted. The Court requires clear and convincing evidence of unfitness rather than a mere preponderance. Because the foster placement is temporary, the higher standard protects the mother's fundamental liberty interest.
Santosky v. Kramer455 U.S. 745, 758-759 (1982)
Common questions
Frequently Asked
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Does serving as a foster parent create legal parent status?+
No. Foster care is a temporary licensed arrangement that authorizes supervision but confers no permanent parent-child relationship. Legal parentage arises only through birth, adoption, adjudication, or acknowledgment. Once an adoption decree is entered, the adoptive parent alone holds legal parent status.
Can a former foster parent sue for custody or visitation solely on the basis of prior caregiving?+
No. The Uniform Nonparent Custody and Visitation Act expressly bars a nonparent from maintaining a proceeding for custody or visitation solely because the nonparent served as a foster parent. Additional statutory grounds are required.
How does the Free Exercise Clause affect government policies that regulate foster-parent certification?+
A policy that permits individualized exemptions at the discretion of government officials is not generally applicable. Such a policy triggers strict scrutiny under the Free Exercise Clause and cannot be enforced against a religious agency unless the government satisfies that standard.
431 U.S. 494, 503 (1977)Property
…Id. , at 5-6. It is estimated that at least 26% of black children live in other than husband-wife families, "including foster parents, the presence of other male or female relatives (grandfather or grandmother, older brother or sister, uncle or aunt), male or female nonrelatives, [or with] only one adult (usually…