Tennessee Kinship Foster Care and DCS Placement for Relatives

When DCS Places a Child with a Relative

When a child is in DCS custody, Tennessee law directs DCS to seek placement with a fit and willing relative when the placement is safe and in the child's best interests. DCS must prioritize efforts to locate an appropriate kinship foster placement for at least 30 days after removal. This is kinship foster care — and it operates under a different legal framework than a private guardianship you file on your own.

Understanding which track you are on determines what benefits are available, what obligations you carry, and what the long-term permanency options look like.

How the Process Starts

Typically, a DCS caseworker contacts you — the grandparent, aunt, uncle, or other relative — after the child has been removed or is about to be removed from the parents. The caseworker asks if you are willing to accept placement.

If you agree, DCS conducts a background screening and home assessment. The child is placed in your home under DCS supervision. At this point, legal custody remains with DCS, not with you. You are caring for the child as a foster placement, and DCS retains decision-making authority over the case.

Licensing Requirements

Before providing regular board payments, DCS requires relative caregivers to complete a criminal-history check, caregiver-suitability assessment, and home-safety assessment. The criminal-history investigation covers the prospective kinship parent and other adults in the home; the prospective kinship parent supplies fingerprints for the TBI/FBI check. TN KEY is recommended for kinship caregivers but is not required unless they become traditional foster parents.

This is a significant distinction from private guardianship. A private petition under T.C.A. Title 34 does not require DCS foster-home approval or TN KEY training. Kinship homes in DCS custody must still meet applicable home-safety and suitability standards, but kinship parents are not required to complete TN KEY unless they seek traditional foster-home approval.

Some relatives accept provisional or temporary placement before completing the full home-approval process. While the home is expedited, DCS pays an expedited board rate until it is fully approved. Completing approval as quickly as possible ensures you receive the regular financial support available.

Subsidized Permanent Guardianship (SPG)

The most significant benefit of the DCS kinship foster pathway is access to Subsidized Permanent Guardianship. Core eligibility requirements include:

1. The child is in DCS custody or guardianship at the time of the guardianship proceeding and is under 18
2. The child's permanency goal is permanent guardianship after reunification and adoption have been ruled out
3. The prospective guardian is a qualifying relative or kin caregiver with a strong attachment to the child and commits to caring for the child permanently; DCS prefers, but does not require, that the relationship began before the current foster-care episode
4. The child is placed in a fully approved relative or kin foster home for six consecutive months

DCS applies additional criteria based on whether the agreement is Title IV-E or state-funded, and a child age 12 or older must be consulted about the guardianship.

When these conditions are satisfied, the permanency plan may move toward SPG. Under SPG, the court grants you permanent guardianship, DCS supervision ends, and eligible monthly assistance cannot exceed the foster-care maintenance payment the child would have received in a DCS foster home. Title IV-E-eligible children are categorically eligible for TennCare/Medicaid, but guardians still must apply; state-funded SPG children need to meet Medicaid's income and resource requirements. DCS may reimburse eligible one-time costs tied to finalizing guardianship up to $2,000 per child per arrangement; its policy says attorney fees should not typically exceed $1,000.

SPG provides financial stability that a private guardianship does not offer. Title IV-E assistance generally continues until age 18 and may continue to age 21 in some cases; state-funded assistance generally ends at 18 and may continue to 19 in some cases, subject to eligibility reviews.

Private Guardianship Does Not Qualify for SPG

If you filed a private guardianship on your own — without DCS involvement, without a D&N adjudication, without foster care placement — you are not eligible for SPG. This is one of the most common points of confusion among kinship caregivers.

Private guardianship offers independence from DCS oversight and a simpler process, but it comes without the ongoing subsidies. Alternative financial support for private guardians includes the Families First Child-Only TANF grant, TennCare or CoverKids enrollment for the child, and the Relative Caregiver Program's support services.

Working with DCS

If DCS has placed a child with you, your caseworker is your primary point of contact. They manage the permanency plan, schedule court reviews, and coordinate services. Attend every court hearing, follow through on any DCS-recommended services, and document everything.

DCS caseworkers handle large caseloads, and communication can be slow. Keep a written log of every contact, request, and decision. If you are not getting responses, escalate through your regional office or contact the Relative Caregiver Program agency in your area for advocacy support.

Deciding Between the Two Tracks

The DCS track provides more financial support but comes with state oversight, licensing requirements, and a longer timeline to permanency. The private track gives you independence and a faster process but no subsidized payments.

If DCS is already involved with the child, you are likely on the DCS track whether you chose it or not. If DCS is not involved and you are deciding whether to seek private guardianship or involve DCS, the Tennessee Guardianship and Custody Court Process Guide explains both pathways and their tradeoffs so you can make an informed choice.

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