California Senate Bill 354 took effect January 1, 2022 and reshaped how relatives can take in children who enter the foster system. The law on relative foster care placement in California now lets a juvenile court place a child with a grandparent, aunt, uncle, sibling, or other family member before criminal record exemptions and Resource Family Approval are finished, expands who can clear a criminal history review, requires counties to help relatives obtain items like cribs and car seats, and broadens financial support so relative caregivers are not paid less than unrelated foster parents.
Who Counts as a Relative
Under Welfare and Institutions Code Section 361.3, a relative is any adult connected to the child by blood, adoption, or marriage within the fifth degree of kinship. That reaches grandparents, aunts, uncles, siblings, stepparents, stepsiblings, great-grandparents, great-great-aunts, second cousins, and more.1California Legislative Information. California Welfare and Institutions Code WIC 361.3
Being a relative and getting preferential consideration are not the same thing. Only grandparents, aunts, uncles, and siblings automatically go to the front of the line the social worker must investigate first.1California Legislative Information. California Welfare and Institutions Code WIC 361.3 More distant relatives can still be considered; they just do not receive that automatic priority.
SB 354 also strengthened placement rights for nonrelative extended family members, or NREFMs. Under Welfare and Institutions Code Section 362.7, an NREFM is an adult with an established familial relationship with the child’s relative, or a familial or mentoring relationship with the child directly. A godparent, longtime family friend, or coach who has played a consistent role can qualify. The county confirms the relationship through interviews with the parents, the child, or third parties like teachers and neighbors.2California Legislative Information. California Code WIC 362.7
The 30-Day Relative Search and Notice
When a child is removed from a parent’s custody, Welfare and Institutions Code Section 309 gives the assigned social worker 30 days to identify and locate the child’s grandparents, adult siblings, parents of a sibling who has legal custody of that sibling, and all other adult relatives, including anyone the parents suggest.3California Legislative Information. California Welfare and Institutions Code WIC 309 For an Indian child, the search extends to extended family members as defined by the federal Indian Child Welfare Act.
Each located relative gets written notice that the child has been removed and an explanation of the options: providing care during reunification, becoming an approved resource family, pursuing legal guardianship, or exploring adoption. The notice also describes financial help available to approved relative caregivers, including Kin-GAP and CalWORKs.3California Legislative Information. California Welfare and Institutions Code WIC 309 Relatives who do not respond risk losing placement options. If you receive one of these notices, respond quickly.
Court Placement Before Approvals Are Complete
This is the change relatives feel most. Before SB 354, a willing grandmother with a decades-old misdemeanor could be blocked from taking in her grandchild because her exemption paperwork had not cleared. That bottleneck kept children out of safe family homes for weeks or months.
Under SB 354, a juvenile court can order temporary or ongoing placement with a relative or NREFM even when Resource Family Approval and criminal record exemptions are still pending. Two conditions apply. The placement must not pose a risk to the child’s health and safety, and no adult living in the home may have a felony conviction within the last five years for child abuse or neglect, spousal abuse, rape, sexual assault, homicide, or any crime against a child, including child pornography.4California State Assembly. SB 354 – Foster Youth: Relative Placement The court exercises independent judgment after reviewing the county’s recommendation, so a judge can approve placement even when the county is hesitant.
SB 354 added a second safeguard against unnecessary delay. If the only obstacle to an emergency placement is a missing physical item like a crib, car seat, or bed, the county must use reasonable efforts to help the relative get it.5LegiScan. California Code SB 354 A family member should not lose a placement because they could not afford a crib on short notice.
Criminal Record Exemptions Under the New Rules
Criminal history has historically been the biggest single reason relatives were turned away. SB 354 restructured Health and Safety Code Section 1522 so that most convictions no longer produce a permanent bar.
Time-Limited Bars
Some serious convictions block an exemption only inside a lookback window. A conviction within the past ten years for offenses like assault with intent to commit a sexual crime, child abuse, lewd acts against a child, or elder abuse prevents an exemption during that period. For felony physical assault, battery, or drug- and alcohol-related offenses, the lookback is five years.6California Legislative Information. California Health and Safety Code HSC 1522 Once the period passes without new offenses, the applicant becomes eligible for exemption review. Old convictions that used to mean a permanent “no” now trigger a waiting period and a look at rehabilitation.
Offenses That Remain Blocked, With One Exception
Felony convictions for child abuse or neglect, spousal abuse, crimes against children (including child pornography), rape, sexual assault, and homicide cannot receive a standard exemption regardless of how long ago they occurred.6California Legislative Information. California Health and Safety Code HSC 1522
SB 354 opened one narrow door even here. When a relative is seeking placement of a specific child, the Department of Social Services or other approving entity may grant an exemption if the applicant shows present good character and the placement would not endanger the child. The exemption attaches to that particular child only and cannot transfer to a different placement.6California Legislative Information. California Health and Safety Code HSC 1522
Infractions Are Out Entirely
SB 354 removed all infractions from criminal record requirements. Traffic tickets, minor code violations, and similar low-level infractions no longer trigger the exemption process at all.7California Department of Social Services. All County Letter 22-33 Older drug possession charges and nonviolent misdemeanors that sit outside the lookback windows are far more likely to clear review than they were before.
Resource Family Approval Still Has to Happen
Emergency placement gets the child home. Resource Family Approval, or RFA, is the full approval every California foster caregiver eventually completes, and it applies to relatives and NREFMs the same as anyone else.
The county child welfare agency or probation office runs the application. Adults in the household submit identifying documents, personal references, and financial information. Every adult in the home is background-checked, and each adult applicant completes a health screening from a licensed medical professional. A caseworker evaluates parenting capacity and inspects the home for safety issues like secured firearms, locked medications, and adequate sleeping arrangements. Required caregiver training happens before or shortly after approval.8California Department of Social Services. Resource Family Approval Program
As of July 2024, when a child is already in the home on an emergency placement, the county has 120 calendar days to approve, deny, or note withdrawal of the RFA application, up from the earlier 90-day deadline. The county can extend for good cause.9Los Angeles County Department of Children and Family Services. Resource Family Approval (RFA) – 0100-520.00
Financial Support for Relative Caregivers
Taking in a child costs money the same day the child arrives. California pays relative caregivers through two main streams, depending on the child’s federal eligibility.
Federally eligible children generate Title IV-E foster care maintenance payments, which cover food, clothing, shelter, daily supervision, school supplies, personal items, liability insurance, and reasonable travel for family visits. Daily supervision can include childcare costs when the caregiver is working.10Child Welfare Policy Manual. Title IV-E Foster Care Maintenance Payments Program – Allowable Costs For the 2025–2026 fiscal year, California’s basic home-based foster care rate is $1,301 per month per child, with higher rates for children who need greater levels of care.
Children who are not eligible for Title IV-E can be supported through the Approved Relative Caregiver program, which SB 354 expanded. ARC pays the same basic foster care rate, so relatives are not paid less than unrelated foster parents caring for a similar child. The caregiver must be an approved relative residing in California, the child must be under a participating county’s juvenile court jurisdiction, and the child must live in California.11California Department of Social Services. Approved Relative Caregiver Funding Option Program These payments are meant to cover the child’s costs, not to function as a salary.
Indian Children
For children known or believed to be Indian children, the 30-day search under WIC 309 reaches beyond California’s fifth-degree definition to include extended family members as defined by the tribe and federal law.3California Legislative Information. California Welfare and Institutions Code WIC 309 Courts may authorize emergency or temporary placement with extended family members regardless of criminal exemption status or Tribally Approved Home certification, as long as the placement does not endanger the child.7California Department of Social Services. All County Letter 22-33 Tribally approved homes carry distinct legal standing, and state agencies must honor tribal authority over caregiver suitability.
If Your Application Is Denied
If the county denies an RFA application or refuses to grant a criminal record exemption, you can challenge that decision through an administrative hearing with the California Department of Social Services. The county must issue a written Notice of Action explaining the denial, and the notice will specify whether the appeal goes to the State Hearings Division or the Office of Administrative Hearings.
You generally have 25 calendar days from the date the Notice of Action is served to file the appeal, plus five more days if the notice came by mail.12California Department of Social Services. Resource Family Approval Due Process Missing the deadline does not always end the process; an applicant who can show good cause for the delay may still request a hearing. Appeals can be filed online through the CDSS Appeals Management System, by mail using the form on the back of the Notice of Action, or by phone at (800) 743-8525. The State Hearings Division often has a backlog, so submit a written request to expedite the hearing along with the appeal, explaining how the delay is harming the child or the placement.