§5–534.

    (a)    (1)    In this section, “kinship caregiver” means an individual:

            (i)    with whom a child who is in the care, custody, or guardianship of the local department may be placed for temporary or long–term care other than adoption; and

            (ii)    who is approved by the local department under subsection (e) of this section.

        (2)    “Kinship caregiver” includes:

            (i)    a kinship parent;

            (ii)    an individual who is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice; and

            (iii)    an individual who is unrelated to the child but has a strong familial or other significant bond with the child, or is a person identified by the child’s parent.

    (b)    The Secretary of Human Services shall establish and maintain a kinship care program.

    (c)    (1)    In selecting a placement that is in the best interests of a child in need of out–of–home placement, in the absence of good cause to the contrary, the local department shall give preference to placement with a kinship caregiver.

        (2)    The local department shall exhaust all reasonable resources to make proactive, thorough, and timely efforts to locate a kinship caregiver for initial placement of the child.

        (3)    If the local department cannot locate a kinship caregiver at the time of the initial placement, then preference shall be given to a placement that most approximates a family in which the child’s special needs, if any, may be met, taking into account the following:

            (i)    the proximity of the placement to the child’s home, extended family, or siblings;

            (ii)    the child’s culture or language continuity;

            (iii)    the child’s age; and

            (iv)    the child’s developmental and educational needs.

        (4)    If a kinship caregiver is located subsequent to the placement of a child in a foster care setting, the local department shall, in the best interest of the child, place the child with the kinship caregiver.

    (d)    A kinship caregiver may not be under the age of 18 years.

    (e)    (1)    The local department shall approve an individual as a kinship caregiver if:

            (i)    the individual is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice;

            (ii)    the individual has a strong familial or other significant bond to the child or the child’s family or is a person identified by the child’s parent; and

            (iii)    placement with the individual is in the child’s best interest.

        (2)    A prospective kinship caregiver shall provide to the local department any information the local department requests to enable the local department to determine whether the individual meets the criteria specified in paragraph (1) of this subsection.

    (f)    The Administration shall adopt regulations and policies consistent with this section.