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Relative Placement in Los Angeles County DCFS Cases.

If DCFS removes your child, California law strongly prefers placement with family over foster care. Grandparents, aunts, uncles, adult siblings, and even close family friends can take placement under Welf. & Inst. Code §§ 309 and 361.3. Knowing how to invoke that preference correctly — and bringing a viable relative to the detention hearing — can keep your child out of foster care entirely.

When DCFS removes a child, California law requires preferential consideration for placement with relatives over foster care.

Under Welf. & Inst. Code § 309(a), the social worker must immediately attempt to identify an appropriate relative for emergency placement when a child is detained. Under Welf. & Inst. Code § 361.3, when continued home placement isn't possible, the court must give preferential consideration to a relative's request for placement and weigh eight statutory factors. "Relative" is defined broadly to include grandparents, aunts, uncles, adult siblings, great-aunts, great-uncles, first cousins, and non-related extended family members (NREFMs) with an established relationship. The single most effective thing a parent can do at the detention hearing is bring a willing relative to court ready to identify themselves and confirm availability. Call (866) 811-4255 for a free 24/7 consultation.

What relative placement actually is.

When DCFS takes a child into protective custody, the agency has to put the child somewhere. There are essentially three options. The first is to send the child home with the non-offending parent or a parent under supervision. The second is to place the child with a relative. The third is to place the child in a licensed foster home or short-term residential program.

California law strongly prefers the second option over the third. Federal Title IV-E foster care funding requires states to give preference to relative placement (42 U.S.C. § 671(a)(19)), and California's implementing statutes go further. Welf. & Inst. Code § 16002 declares it the express policy of the state to maintain children with their families and to avoid the trauma and dislocation of foster care wherever possible.

In practice, that preference is enforced through two statutes: Welf. & Inst. Code § 309 (emergency placement at the time of detention) and Welf. & Inst. Code § 361.3 (preferential consideration whenever a placement decision arises).

The result: when you arrive at the detention hearing with a willing, viable relative in tow, you change the entire conversation. Instead of debating whether the child should be in foster care, the court debates which relative is appropriate. That is a dramatically better posture for you and for the child.

"Relative" is broadly defined.

Under California law, "relative" extends to the fifth degree of kinship from the child, with separate eligibility for non-related caregivers who have an established relationship.

The 8 factors the court must weigh under WIC § 361.3(a).

When a relative requests placement, Welf. & Inst. Code § 361.3(a) requires the court to consider eight specific factors. Each one is an opportunity for the relative caregiver and the parent's attorney to put concrete evidence on the record.

Resource Family Approval (RFA) — what relatives go through.

California uses a unified approval process called Resource Family Approval (RFA) for relatives, NREFMs, and foster care providers. RFA replaced the old separate processes for relative caregivers and foster parents and is governed by Welf. & Inst. Code § 16519.5.

For emergency placement at detention under WIC § 309, the relative does not need full RFA approval first. DCFS conducts an emergency placement assessment — an expedited background check, in-home inspection, and basic interview. If the relative passes, the child can be placed that day. Full RFA application then proceeds in the following weeks.

Full RFA approval involves background checks for every adult in the home, a home study, an in-person interview process, completion of training (online or in person), and verification that the home meets safety standards. Most relatives complete RFA within 90 days. Approval as a Resource Family unlocks federal foster care payments to the relative and qualifies them for support services including Kin-GAP (Kinship Guardianship Assistance Payments) if guardianship is later established.

Failure of one specific item in the background check is often not the end. Criminal exemptions are available for many non-disqualifying convictions, and the parent's attorney can help shepherd the exemption request alongside the relative's application.

How to bring a relative to the detention hearing.

The detention hearing happens within one judicial day of removal. There is almost no time. Here is exactly how to arrive prepared.

Relative placement questions parents ask.

Can my mother take placement of my children?

Yes. Grandparents are at the top of the relative placement preference list under Welf. & Inst. Code §§ 309 and 361.3. The grandmother must pass background checks for all adults in her home, pass a home safety inspection, and be willing to cooperate with the case plan including parent visitation.

What if my parents live in another state?

Interstate placement is possible but goes through the Interstate Compact on the Placement of Children (ICPC), which takes time. For emergency detention, an in-state relative is strongly preferred. An out-of-state grandparent can still be the long-term placement if approved through ICPC. The process typically takes 60 to 120 days.

Can my best friend take placement?

Possibly, as a Non-Related Extended Family Member (NREFM). The friend must show an established, family-like relationship with the child or family. A childhood friend of the parents who has spent significant time with the children, attended birthdays, served as a godparent, or provided regular childcare can qualify. A casual acquaintance generally cannot.

What disqualifies a relative from placement?

Non-exemptible criminal convictions, primarily certain felonies involving violence, sexual offenses, child abuse, or drug-related offenses against children. Many other criminal items can be exempted through the Resource Family Approval process. Other disqualifiers include an unsafe home environment, current substance abuse, untreated mental health issues affecting safety, and indicated child abuse findings against the relative.

Will the relative get paid to care for my children?

Yes, once Resource Family Approval is complete the relative qualifies for the same foster care payments as a licensed foster home. Emergency placement before full RFA approval is supported through emergency funding. Long-term, the relative may also qualify for Kin-GAP (Kinship Guardianship Assistance Payments) if a guardianship is established, and federal foster care payments if RFA-approved.

How long does Resource Family Approval take?

Typically 90 days from application to full approval. Emergency placement under WIC § 309 can happen on day one with an expedited assessment while full RFA processing continues. Statutory deadlines apply to DCFS to complete the process expeditiously.

Can a relative refuse placement later?

Yes. Relative placement is voluntary on the relative's part throughout the case. A relative who agrees at detention can later request that the child be moved if circumstances change. The child would then need to be placed with another relative or, if none is available, in foster care.

Will I get visitation if my child is placed with a relative?

Yes. Visitation is ordered as part of the disposition. Visitation with a child in relative placement is typically more flexible and more frequent than visitation with a child in foster care. The court can order monitored visits initially with progression to unmonitored, overnight, or weekend visits as the case plan progresses.

What if DCFS won't consider my proposed relative?

Your attorney can file a motion under WIC § 361.3 asking the court to order placement with the relative or, at minimum, to require DCFS to formally assess the relative. Bench officers at Edelman routinely require DCFS to articulate on the record why a proposed relative is not viable. If DCFS cannot give a defensible reason, the court can override.

Can multiple relatives split placement of siblings?

Splitting siblings between different relatives is generally disfavored under WIC § 16002 (sibling relationships). The court prefers placement of all siblings together with one relative. However, splitting can be acceptable when one relative can take some siblings and another can take the rest, both relatives are willing to maintain sibling contact, and the children are old enough that the arrangement isn't traumatic.

Go Deeper.

Have a relative ready? Call before the hearing.

A relative who walks into Edelman ready — with photo ID, address, employment, willingness in writing, and a brief script — changes the entire detention hearing. We help parents prepare relatives in the hours before court.

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Attorney Advertising · Required California Disclosures

Attorney advertising. This page constitutes attorney advertising under the California Rules of Professional Conduct. The content is provided for general informational purposes and does not constitute legal advice for any specific situation.

No legal advice. Statutes and case law cited (Welf. & Inst. Code §§ 16002, 16519.5, 309, 361.3; 42 U.S.C. § 671; Indian Child Welfare Act) are summarized for general informational purposes. Applicability to any specific case depends on its specific facts and current law.

No attorney-client relationship. Reading this page does not create an attorney-client relationship. An attorney-client relationship is formed only by a signed written engagement agreement.

Responsible attorney. Mohammad Abuershaid, Esq. (State Bar #297270), founding partner of All Trial Lawyers / Abuershaid Law, APC, is the attorney responsible for the content of this website. Pasadena office: 117 E Colorado Blvd, Suite 600, Pasadena, CA 91105.

Past results. Past placement outcomes and case results referenced do not guarantee future outcomes. Each placement decision depends on its specific facts, the relative's individual circumstances, the assigned bench officer at Edelman Children's Court, and the relief sought.

Pasadena CPS Lawyer. A San Gabriel Valley practice of All Trial Lawyers / Abuershaid Law, APC. Pasadena office: 117 E Colorado Blvd, Suite 600, Pasadena, CA 91105. Phone: (866) 811-4255 · Free, confidential, 24/7. Lead attorney: Mohammad "Mo" Abuershaid, Esq. (CA Bar #297270)