Can an undocumented relative care for a child in foster care

This page is general information, not legal advice. Every foster care case is different. Talk to the child's lawyer, a family law clinic or an immigration attorney about your own situation. Free help is listed below.

Can I care for the child if I don't have papers?

Yes. California law says the county must give preferential consideration to a relative who asks to care for a child removed from home, regardless of the relative's immigration status. That is in Welfare and Institutions Code section 361.3. Preferential consideration means your home is the first one the county must look at and check.

The same is true at the very start of a case. When a social worker takes temporary custody, the law says the worker must release the child to a parent, guardian or relative regardless of that person's immigration status, unless there is a safety reason not to (section 309).

Your status cannot be the reason the county says no. The state's rules for Resource Family Approval say the same thing: any adult may apply "regardless of" citizenship or immigration status (CDSS Written Directives, Version 8, section 5-01). But you still have to pass the same safety checks as any other family. We explain those below.

Who counts as a relative?

More people than most families expect. Under California law, a relative is an adult related to the child by blood, adoption or marriage within the fifth degree of kinship. That includes:

• Grandparents and great grandparents
• Aunts, uncles, great aunts and great uncles
• Adult brothers and sisters, half siblings and stepsiblings
• Stepparents
• Cousins, and the spouse of any of these relatives, even if the marriage ended by death or divorce

Not a relative but close to the child, like a godparent or family friend? Ask the social worker about approval as a nonrelative extended family member. California's resource family approval covers both relatives and close family friends.

What happens first?

Here is what to do, in order.

1. Call the social worker. Say you are a relative and want the child placed with you. If you don't know who the worker is, call the county child welfare office and give the child's full name and birth date.
2. Give the worker your contact details and the names of every adult who lives in your home or is there often.
3. Fill out Form JV-285, Relative Information. It lets you tell the judge directly who you are, how you know the child, and why you can help. It is free. Ask the social worker or court clerk how to file it in the child's case.
4. Go to the court hearings if you can. Ask the social worker for the dates. A caregiver with a child placed in their home has the right to notice of review and permanency hearings, and can attend or send written information.
5. Get ready for a home visit. See the next section.

The county also has a duty to find you. Within 30 days after a child is removed, the social worker must look for grandparents, adult siblings and other adult relatives, and send them written notice. The notice explains how to take part in the child's care, how to become a resource family, and what support and payments may be available. Don't wait for that letter. Call first.

What does the county check?

Before a child is placed with you on an emergency basis, the law says the county must:

• Visit your home to make sure it is safe and that you can meet the child's needs.
• Run a criminal records check on the adults in the home through the state law enforcement system.
• Check for past reports of child abuse or neglect against you and the other adults in the home.
• Start a fingerprint check with the California Department of Justice. This must begin within 10 calendar days after the records check, or within 5 business days after the child is placed, whichever comes first.

About ID. For the emergency criminal records check, California law says an ID card from a foreign consulate or a foreign passport counts as valid identification. For the fingerprint step, the California Department of Justice says the Live Scan operator checks "appropriate identification" but does not list which IDs on its fingerprint page (checked October 21, 2026). Ask the social worker which ID they will accept before your appointment.

About a criminal record. No record means the child can be placed on an emergency basis. Some convictions need a special exemption first. Some allow placement while the exemption is decided. An arrest that is still under review can hold up placement until it is looked into. A judge can approve a relative placement if it does not put the child's health or safety at risk. If anyone in your home has a record, tell the social worker up front, and ask a lawyer how it affects your case.

If the only thing missing is a crib or a car seat, the county must make reasonable efforts to help you get it.

What is Resource Family Approval?

It is California's one approval process for every family that cares for a child in foster care: relatives, close family friends, foster parents and adoptive parents. Approval standards are the same for all families.

After an emergency placement, you apply for approval. The home assessment starts within 5 business days after the child arrives. Approval includes:

• Background checks on you and every adult who lives in or is often in your home. This includes the state child abuse index and a fingerprint based state and federal criminal record search.
• A home and grounds check for health and safety.
• A family evaluation. Interviews about your history, your family and what support you need.
• Training. At least 12 hours before approval and at least 8 hours every year after.
• CPR and first aid within 90 days after approval.

For an emergency placement, the assessments are due within 120 days of placement unless there is good cause. San Mateo County says the process can take up to 3 months and that all training and inspections are free. Renters can apply. You don't need to own a home.

Should I worry about the fingerprint check?

We will be honest. Approval requires a fingerprint based search of state and federal criminal records. The check starts with the California Department of Justice, and federal records are searched too.

We could not find an official source that says whether immigration agencies see these civil fingerprint checks. So we can't promise it is safe for everyone. Here is what we suggest:

• No deportation order, no past removal, no arrests: many relatives in this situation go ahead. Still, a short talk with an immigration attorney first can give you peace of mind.
• You have a deportation order, were deported before, or have any arrest or conviction: talk with an immigration attorney or a DOJ accredited representative before you give fingerprints. Your plan may still work. You need advice on your own facts.
• Someone else in your home is in one of these situations: they will be fingerprinted too. They need the same advice.

If the risk is too high for you right now, you can still help. Ask the social worker about other relatives who could take the child, and about visits. You can also send the judge information on Form JV-285.

Will I get help paying for the child's care?

Often, yes. Families caring for a child in foster care can get monthly payments once they are fully approved. San Mateo County says its resource families get a monthly stipend, mentoring and support groups.

Before full approval, Santa Clara County says it may cover the gap with emergency caregiver funding or county funds. The California Department of Social Services also has emergency caregiver funding for children placed before approval. Ask the social worker what you qualify for, in writing, the day the child arrives.

The county's notice to relatives must also explain other supports, such as Kin GAP (help for a relative who becomes the child's guardian) and CalWORKs for approved relative caregivers. Ask the worker how each one applies to your family.

What are my rights as the child's caregiver?

Once the child lives with you:

• You have the right to notice of the child's review and permanency hearings.
• You can attend those hearings or send written information to the judge. Use Form JV-290, Caregiver Information.
• You can ask the court to keep your contact information private with Form JV-287.
• If you have cared for the child day to day, you may ask to be recognized as a de facto parent with Forms JV-295 and JV-296. If the judge agrees, you can take part in later hearings about the child's placement and future.

Problems with the county, payments or your rights as a caregiver? Call the state's Foster Care Ombudsman at 1-877-846-1602 or email fosterfamilyhelp@dss.ca.gov.

What if the child's parent is detained or deported?

Reunifying the child with their parent usually comes first in a foster care case, even when the parent is in immigration detention or has been deported. As the relative caregiver, you can help the child keep in touch with their parent and support the reunification plan. The judge will weigh your ability to do that.

The parent should get legal help about their own rights in the case. Send them to Keeping your rights as a parent if you are detained or deported. To find someone in ICE detention, see How to find a family member detained by ICE.

Some children in foster care may also qualify for their own immigration protection, such as Special Immigrant Juvenile Status. Ask the child's lawyer. See What is SIJS and can my child qualify?

What mistakes should I avoid?

• Leaving people out. List every adult who lives in or is often in your home. Hiding someone can end the placement.
• Guessing about records. If you or anyone in your home has an arrest or conviction, say so and get advice.
• Lying about your status or using false papers. Never do this. You don't have to have papers to be considered. False papers can hurt you and the child.
• Paying someone to "fix" your case. The court forms are free. Only a lawyer or a DOJ accredited representative can give you legal advice. See Warning signs of an immigration scam.

Questions people ask

Will the social worker ask about my immigration status? Status cannot be the reason you are turned down. The county still needs to identify you and run background checks. If you are worried about what goes in the file, ask a lawyer before you answer questions you are unsure about.

I already signed a Caregiver's Authorization Affidavit for this child. Does that still count? That form helps with school and doctors when a parent arranges care. Once the county removes a child, the court and the county decide placement. Tell the social worker you have been caring for the child.

Do I need my own lawyer? You can fill out JV-285 and JV-290 on your own. For a de facto parent request, or if the county turns you down, a family law clinic or legal aid office can help. Ask the social worker who the child's lawyer is, too.

Who can help?

You don't have to do this alone. These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• San Mateo County Resource Family Approval Unit: (650) 802-7636, 1500 Fashion Island Blvd., 2nd Floor, San Mateo.
• Santa Clara County: ask the child's social worker at the Department of Family and Children's Services for the relative approval contact, or read the county's Resource Family Approval handbook page.
• Any other California county: ask the child's social worker, or call your county child welfare agency and ask for the Resource Family Approval unit.
• Foster Care Ombudsman (California): 1-877-846-1602, fosterfamilyhelp@dss.ca.gov.
• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440, 1861 Bay Road, East Palo Alto. Walk ins Monday to Friday, 9 a.m. to 1 p.m. Immigration help for low income residents of San Mateo and Santa Clara counties.
• Legal Aid Society of San Mateo County: (650) 558-0915.
• Bay Area Legal Aid advice line: 1-800-551-5554.
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

For more free legal help, see Free legal help in the Bay Area.

Is there a checklist I can print?

Yes. Keep it with the child's papers.

You stepped forward for a child you love. That matters more than you know. We are cheering for you and for them.