kinship care

The overlooked backbone of child welfare
Key points
- Kinship care is where a relative or close family friend steps in where biological or legal parents cannot.
- This care can be formal (legally enforced) or informal (without recognition).
- It keeps children in the care of somebody they are familiar with.
- Kinship carers do not get the recognition that their foster care counterparts do.
- Tammy is putting forward a bill to Parliament for statutory recognition of kinship carers to close the loophole.
There are times when children cannot live with their biological parents, a decision must be made to who is going to look after them. Sometime this decision is made in court of law, but other times the child may be looked after by extended family.
Australia’s child welfare system leans heavily on this invisible pillar: kinship care1. It is the quiet, family-based alternative to foster care, where relatives, usually grandparents, aunts, or older siblings, step in when parents cannot. It is often informal, poorly supported, and taken for granted.
Yet it is also essential. Around half of all children in out-of-home care2 are in kinship arrangements, a figure that has risen sharply in recent years. Governments, eager to avoid institutional care3 and stretched foster systems, increasingly rely on kin4 to shoulder the burden. But this reliance is neither matched by adequate financial support nor by the formal recognition kinship carers deserve.
What is kinship care
Kinship care refers to the arrangement in which a child5 is raised by a relative or a close family friend rather than their biological parents. This form of care is often seen as a preferred alternative to foster care because it maintains family connections and cultural ties, particularly for Indigenous communities. Kinship care can be formal or informal6. Formal is where child protection agencies are involved, and informal7, where families make private arrangements without legal intervention.
Despite its benefits, kinship care often lacks the structural support8 given to foster care, leaving many carers financially and emotionally strained. Carers frequently step in at short notice, sometimes without legal authority, and must navigate complex systems to access basic services for the children in their care.
Kinship Care: Carol’s Story *
Carol was a recently retired grandmother, and helping her daughter, Sophie, juggle work and motherhood. However, when Sophie’s alcohol addiction made the home environment unstable, Carol made a decision to remove her granddaughter, Molly, from her daughter’s care. She had to get her daughter to give permission for her to be a statutory guardian to access Centrelink financial support. Carol returned to work to support Molly through school. The journey for her was tough, but she saw that the alternative for Molly without her care could have been catastrophic. Carol had limited financial support, but feels that her contribution is unrecognised by society.
Better outcomes
Kinship care is more than just a stopgap measure for children in need; it is a fundamental component of a functioning child welfare system. Research has consistently shown9 that children placed with relatives or close family friends experience greater emotional stability, stronger identity development, and better long-term outcomes compared to those placed in traditional foster care. This is largely because kinship care allows children to maintain a sense of familiarity, continuity, and connection to their family history, which is crucial for their psychological well-being.
Maintaining family bonds can mitigate the trauma of separation from biological parents and offer children a more nurturing, stable environment in which to thrive. Unlike institutional care or non-relative foster placements, kinship care enables children to retain relationships with siblings, extended family members, and cultural traditions that are essential to their personal development.
The importance of this is particularly evident in Indigenous communities10, where kinship structures are deeply ingrained and serve as a foundational part of a child’s identity. Ensuring that these familial and cultural ties remain intact is vital to preventing further disconnection and marginalisation within these communities.
Recognising kinship care
However, kinship care is not without its challenges. Many kinship carers take on responsibility with little to no preparation, often stepping in during crises without adequate support. Unlike foster carers, kinship carers11 frequently do not receive sufficient financial assistance, access to legal resources, or emotional support services, leaving them to navigate complex caregiving responsibilities alone. Many kinship carers are also older adults, often grandparents, who may already be on fixed incomes, further compounding financial difficulties. Without proper recognition and structural support, kinship carers are placed under immense strain, which can lead to financial hardship, burnout, and challenges in providing stable care for the children they take in.
Kinship Care: Tony’s Story *
Tony took on looking after his grandchildren when his son and his partner split. Their two children, both under 10, were left with Tony and his wife. There wasn’t a conscious choice to become a carer and very little preparation was made. “A foster carer will have support from the go”, recalled Tony, “but we were left to it”. Tony had to work out what he needed to do, including registering the children for school. He felt that at the time, there was no understanding of kinship care and the challenges that this presented to him and his wife. He’s glad that he took this on, allowing his grandchildren to have a safe and loving home.
My kinship care private senators bill
That’s why I am putting forward a private senator’s bill12 in 2025. This bill is designed to bridge any gaps.
Proposed solutions
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Providing a statutory definition of kinship care, both informal and formal.
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Ensure legal protection for informal kinship care arrangements.
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Align with UN Convention on the Rights of the Child (Articles 20, 26, and 27) to safeguard children’s rights to special protection and assistance.
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Articulate the responsibilities of the Commonwealth regarding informal kinship care and the States and Territories regarding formal kinship care.
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Establish the financial and social support mechanisms for children in kinship care and their carer for children in kinship care and their carers.
Legislative efforts like this are essential, not just to acknowledge the invaluable role of kinship carers, but to ensure they have the necessary resources to provide the best possible care13.
The policy blind spot
When child welfare reform is discussed, kinship care remains a policy afterthought14. While foster carers receive structured financial assistance, kinship carers, who are overwhelmingly from low-income backgrounds, often receive little more than tokenistic payments, if they receive anything at all. Many struggle with bureaucratic mazes15, forced to prove their worthiness for the most basic assistance.
The problem is systemic. As kinship care arrangements tend to be informal, carers often lack legal authority over the children in their care. This makes it harder to access child support, healthcare, and education benefits. I am calling for a statutory declaration process16, which would provide kinship carers with the authority to access Medicare, enrol children in school, and approve medical treatment. This is a long-overdue reform that should be implemented nationwide, not just on a state by state basis.
The economic cost
The lack of support for kinship carers is not just unfair, it is expensive. Children in stable, family-based placements have better outcomes than those in institutional care, reducing long-term costs associated with unemployment, mental health services, and the criminal justice system. A system that forces kinship carers into poverty or bureaucratic limbo only increases the likelihood of worse outcomes down the track.
My bill opens up the possibility of financial parity with foster care allowances, a crucial step toward addressing this inequity. The current system unfairly leaves kinship carers struggling to provide basic necessities, despite their critical role in the child welfare ecosystem.
The social cost
Beyond economics, there is a moral failing at play. Kinship carers make immense sacrifices, often stepping in at short notice to provide a safe home for children who have experienced trauma. Many are grandparents on fixed incomes, struggling with rising costs and the demands of raising another generation. That the system treats them as an afterthought17 is an indictment of Australia’s approach to child protection.
Challenges of passing the bill
Passing this bill faces significant challenges, including government control of legislative priorities, lack of major party support, financial implications, bureaucratic resistance, and short parliamentary timeframes.
Private senators’ bills are not as common as government bills
Since the last election in 2019, about 100 private senators’ bills have been introduced in the Senate compared to over 410 government bills. It is very rare for private senators’ bills to be passed by both Houses of Parliament and become law. In the history of the Australian Parliament, just 16 private senators’ bills have become law, alongside 13 private members’ bills.
What could improve the bill’s chances
Securing the passage of my bill will require strategic engagement across multiple fronts. One of the most important approaches will be building bipartisan support, as engaging MPs and Senators from major parties to co-sponsor or endorse the bill is crucial for its progression through Parliament.
A comprehensive public and media campaign will also play a vital role in driving awareness and support. Advocacy groups, kinship carers, and affected families can help generate momentum by sharing their experiences, highlighting the urgency of reform, and leveraging media platforms to put pressure on policymakers. A well-coordinated advocacy push, including social media campaigns and public petitions, can amplify the voices of those who would benefit most from the bill.
Getting it in front of parliament
To refine and strengthen the bill, referring it to parliamentary committee inquiries and hearings can provide an avenue for expert input and stakeholder consultation. Committee processes allow for evidence gathering, feedback from community organisations, and the opportunity to fine-tune legislative details, increasing the bill’s credibility and chances of passage.
Is it worth the effort?
Even if the full bill does not pass, pursuing incremental policy wins through government regulations or administrative changes can still result in significant progress. By advocating for key components of the bill, such as legal recognition, to be implemented separately through government policies or pilot programs, supporters can ensure that meaningful reforms take place regardless of legislative hurdles.
So, yes, this is worth it as I believe a child welfare system that neglects kinship care is not just incomplete.
It is fundamentally broken.
- Kinship are stories are real, with names changed to protect all involved.