Maine Kinship Care vs Foster Care: Key Differences for Relative Caregivers
A relative calls you because they cannot take care of their child anymore. Now you are raising that child — but are you a kinship caregiver or a foster parent? In Maine, these are two different legal paths with different rules, different money, and different levels of government involvement. The distinction matters more than most caregivers realize.
Informal Kinship Care
Informal kinship care means you are raising a relative's child without a court order placing the child with you and without being licensed as a foster parent through the Maine Department of Health and Human Services (DHHS). This is by far the most common arrangement. The family handled it privately — no caseworker, no home study, no court involvement.
What informal kinship care looks like:
- Legal authority comes from the biological parent, not the state. The parent can sign a Title 18-C § 5-127 power of attorney delegating care, educational decision-making, and medical consent authority to you for up to 12 months. The POA does not by itself establish school residency in your school unit.
- No DHHS involvement. You are not in the child welfare system. No caseworker visits, no placement reviews, no court oversight.
- Financial support may come from programs such as child-only TANF, MaineCare, SNAP, HEAP/LIHEAP, and WIC, but each has its own eligibility rules. This private family arrangement does not provide foster-care board payments.
- The parent retains parental and legal authority. The parent may revoke or amend the delegation in writing and deliver it to you and other interested persons.
Licensed Kinship Foster Care
Kinship foster care means DHHS has arranged the child's placement through the child welfare system and the relative's home is licensed or being considered for licensing. A placement can follow a Child Protection Petition in District Court; Maine law also recognizes licensed foster placements under an agreement with DHHS.
What kinship foster care looks like:
- Legal authority comes from the placement document. A court order may give DHHS legal custody and specify your role. Under a voluntary agreement under 22 M.R.S. § 4004-A, the custodian retains custody and the agreement specifies each party's rights and obligations.
- DHHS is actively involved. A caseworker is assigned. You receive regular home visits, participate in case planning, and attend court review hearings.
- Financial support may include foster-care board payments. Maine law allows DHHS to set a different daily rate for unlicensed foster homes. The child also qualifies for MaineCare automatically.
- Parental rights may be limited or terminated in a court-ordered case. The court controls the timeline and conditions for reunification.
Side-by-Side Comparison
| Informal kinship care | Licensed kinship foster care | |
|---|---|---|
| How it starts | Family arrangement | DHHS child protection case or placement agreement |
| Legal authority source | Parent-signed POA or surrogate consent | Court order or agreement with DHHS |
| DHHS involvement | None | Active caseworker, court reviews |
| Foster care board payment | No | Yes |
| MaineCare for the child | Use existing coverage if active; apply or update through OFI as needed | Automatic |
| Licensing | No | Foster parents are licensed; a relative placement may begin while the caregiver pursues licensure |
| Parent can take child back | Yes, at any time | Depends on the court order or placement agreement |
| Duration | POA lasts 12 months max; guardianship generally lasts until the child turns 18 unless the court changes or ends it | Until reunification, adoption, or another permanent plan |
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The Gray Area: OCFS Safety Placements
Sometimes DHHS's Office of Child and Family Services (OCFS) investigates a report of abuse or neglect and asks you to take the child as an informal "safety placement" while they assess the situation. This is the most confusing spot for caregivers.
A safety placement paper signed with an OCFS caseworker is not a court order. It does not give you legal custody or medical decision-making authority. And it does not come with foster care payments.
If OCFS places a child with you informally, you still need a § 5-127 POA from the parent for school and medical consent. If the parent will not or cannot sign, ask the caseworker about a formal Child Protection Petition or a minor guardianship petition in the District or Probate Court with jurisdiction over the child.
When One Path Becomes the Other
Some families start with informal kinship care and later enter the foster care system — usually because the situation deteriorates, DHHS becomes involved, and the court formalizes the placement. Others go the opposite direction: a foster care case closes with reunification or guardianship, and the caregiver continues as an informal kinship arrangement.
The financial implications of transitioning matter. If you are currently receiving foster care board payments and the case closes with a permanency guardianship order (22 M.R.S. § 4038-D), you may qualify for ongoing permanency guardianship assistance. But if you filed for guardianship independently through Probate Court — without the child ever being in DHHS foster care custody — the § 4038-D subsidy does not apply.
Our Maine School and Medical Consent guide focuses on the paperwork and authority tools for informal kinship caregivers — the consent instruments, school enrollment pathways, and medical authorization that do not require DHHS involvement or foster care licensing.
Frequently Asked Questions
Can I get foster care payments without going through DHHS?
No. Foster-care board payments are tied to a DHHS foster-care placement. Maine law also allows board-and-care payments to unlicensed foster homes, with rates DHHS may set differently from licensed homes. Informal kinship caregivers access different benefits — TANF child-only grants, MaineCare, and SNAP.
Do I have to become a licensed foster parent to keep my grandchild?
Not if the child was not placed with you through DHHS. If you are raising the child through a family arrangement, you use a power of attorney or guardianship — not foster care licensing.
What happens if I am a safety placement and DHHS closes the case?
You are back to informal kinship care. The safety placement paper has no ongoing legal effect. You will need a § 5-127 POA from the parent or a guardianship order to maintain legal authority for school and medical decisions.
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