Document Type


Publication Date

Spring 2013


The Black American community has been celebrated for the historical success of kinship care. With an eye on the long legal history of attempts to address kinship care families, the federal government created an exploratory program to concentrate on solving the three goals of child welfare. Title IV-E Flexible Waiver program of the Social Security Act implemented in 2005 was designed to address the permanency, wellbeing, and safety of children with the goal of decreasing the number of children in out-of-home care.

  • This paper argues Title IV-E Flexible Waivers should be used to address the continued health and economic needs of Black children in kinship care settings.
  • Part II describes the role of kinship care in America as it has evolved from a private family arrangement often used by Black families into a structure that is regulated by state child welfare agencies using federal resources.
  • Part III follows the implementation of several Title IV-E Waiver Demonstrations that states have effectuated in an effort to better use federal funds under tightening state budgets. Historically, Title-IV-E funds could only be used towards adoption, guardianship, or foster care.
  • Part IV discusses how in 2005, Title IV-E Waiver Demonstrations Projects using Capped Allocations gave states greater flexibility by allowing federal funds to be used for expanded purposes, with the understanding that these resources have a preset cap. This paper focuses specifically on the impact of capped allocations in Florida and California on reducing the number of children in foster care placements and how this success is directly connected to the use of kinship care families. Although increased health risks of children in foster care are well documented, little is known about the physical and mental health needs of children in kinship care.
  • Part V tells how Title IV-E Flexible Funding waivers could be used to address the continued health and economic needs of Black children in kinship care settings.

Publication Title

Whittier Journal of Child and Family Advocacy





First Page


Last Page


Included in

Family Law Commons



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