Across West Virginia, thousands of grandparents, aunts, uncles, and other relatives have stepped in to raise children whose parents cannot care for them. These caregivers keep children out of the traditional foster system and inside their own families, yet for years they often received far less financial help than a licensed foster parent caring for the same child. A 2026 change to West Virginia law begins to close that gap. Under House Bill 4390, WV kinship care payments are being raised toward the level paid to foster parents, recognizing that relatives raising children deserve real support.
If you are a relative caring for a child, this change may affect the resources available to you, but the financial piece is only part of the picture. The legal status of your care matters too, and the two are connected. At Klie Law Offices, our West Virginia family law team helps relatives understand both the support they can receive and the legal steps that protect their ability to raise a child. This article explains the new payment change, how kinship care differs from other arrangements, and what caregivers should do to secure their role.
What Does House Bill 4390 Change?
HB 4390, enacted during the 2026 legislative session, establishes an increase in payments to kinship caregivers so that the subsidy moves toward parity with the foster care payment for the same child. The logic is straightforward. When a relative takes in a child, that child’s needs are the same as any other child in state care, but historically the relative received a smaller payment, or sometimes little at all. The law addresses that inequity.
For families, the practical effect is more financial breathing room for relatives who are often caring for children on short notice and without the resources a licensed foster home receives. This can help cover the everyday costs of raising a child, from clothing and food to school supplies and activities.
The payment change is meaningful, but it does not by itself resolve the legal questions that come with raising someone else’s child. Who can enroll the child in school, consent to medical care, or make long-term decisions often depends on the legal arrangement in place. That is where planning becomes important, and where our legal guardianship attorneys can help.
How Is Kinship Care Different From Foster Care and Guardianship?
Families often use these terms interchangeably, but they describe different arrangements with different legal consequences. Understanding the distinctions helps you choose the right path for your situation.
- Kinship care refers broadly to a relative caring for a child. It can occur within a formal child welfare case or through a private family arrangement, and the caregiver’s legal authority varies depending on which.
- Foster care is a formal, licensed arrangement within the state child welfare system, with oversight and defined payments. A relative can sometimes become a licensed kinship foster parent.
- Legal guardianship gives a caregiver court-recognized authority to make decisions for a child, often providing more stability than an informal arrangement.
- Custody through the family court can give a relative legal and physical custody, which may be appropriate when a longer-term or permanent arrangement is needed.
Which arrangement fits depends on the child’s circumstances and how permanent the situation is likely to be. A relative expecting to raise a child to adulthood has different needs than one providing temporary care during a family crisis. For grandparents in particular, the path can be complex, and our guide on grandparents’ custody and visitation rights in West Virginia covers the options in more detail.
Steps to Formalize Your Role as a Caregiver
Financial support is more useful when your legal authority to care for the child is secure. Relatives who formalize their role avoid the frustration of being unable to make basic decisions for a child living in their home.
- Understand the current arrangement. Determine whether the child came to you through a child welfare case or a private family situation, since this affects your options.
- Identify what authority you need. Consider whether you need to enroll the child in school, authorize medical care, or make long-term decisions, and for how long.
- Choose the right legal tool. Depending on your needs, guardianship, custody, or participation in a child welfare case may be appropriate.
- Secure available support. Pursue the kinship payments and other benefits the child qualifies for, now enhanced under HB 4390.
- Keep records. Maintain documentation of the child’s needs, expenses, and living situation, which supports both benefits and any court proceeding.
When a relative’s custody needs to be established or an existing order needs to change, our team also handles custody and support modifications to make sure the arrangement keeps pace with the child’s life.
Why the Legal Piece Matters as Much as the Money
It is easy to focus on the payment increase and overlook the legal foundation of your care, but the two work together. A caregiver with no formal legal status can find themselves unable to sign a permission slip, approve a medical procedure, or prevent a sudden disruption to the child’s living situation. Formalizing your role provides stability for the child and peace of mind for you.
In our experience, the relatives who fare best are those who address the legal status of their care early, rather than waiting until a school or hospital turns them away. Getting the arrangement right from the start prevents crises later and ensures the child has a consistent, protected home.
A Scenario We See Often
Consider a grandmother who takes in two grandchildren after their parents can no longer care for them. At first, the arrangement is informal, built on a handshake and love. Everything works until the school requires proof of legal authority to enroll the children, or a doctor needs consent for a procedure the grandmother cannot legally give. Suddenly, an act of family devotion runs into a wall of paperwork. Families in this position often come to us feeling blindsided, having assumed that raising the children was enough. It usually is not, at least not in the eyes of schools, hospitals, and benefit programs. The lesson we share is that securing legal authority early, alongside the enhanced payments now available under HB 4390, turns a fragile informal arrangement into a stable, protected home. The paperwork is far easier to handle before a crisis than in the middle of one.
Local Context for West Virginia Families
Kinship arrangements run through circuit and family courts in each county, and the resources and procedures differ from one part of the state to another. From our offices in Clarksburg and Buckhannon, we help relatives across North Central West Virginia understand both the support now available under HB 4390 and the legal steps that secure their role. Because these cases so often involve grandparents stepping up in difficult circumstances, we approach them with the sensitivity they deserve.
West Virginia has one of the highest rates of grandparents raising grandchildren in the country, which is part of why the Legislature acted. If you are one of them, you do not have to navigate the system alone, and understanding your options is the first step toward a stable future for the child in your care.
Frequently Asked Questions
Do I have to be a licensed foster parent to receive kinship payments?
Not necessarily. Kinship care covers relatives caring for a child in a range of circumstances, and HB 4390 raises payments toward foster-level support. The specific benefits available depend on the child’s situation and how the arrangement is structured, so it is worth confirming your eligibility with an attorney.
What is the difference between guardianship and custody for a relative?
Guardianship gives a caregiver court-recognized authority to make decisions for a child, while custody through the family court establishes legal and physical custody, often for longer-term or permanent arrangements. Which is appropriate depends on how permanent the situation is and what authority you need.
Can I enroll a child in school if I am only an informal caregiver?
Informal caregivers sometimes struggle with school enrollment and medical decisions because they lack formal legal authority. Establishing guardianship or custody typically resolves these problems by giving you recognized decision-making power.
Does receiving kinship payments affect my ability to seek custody later?
Receiving support for a child in your care does not prevent you from pursuing a more formal legal arrangement. In fact, securing both the support and the appropriate legal status often provides the most stability for the child.
How do I know which legal arrangement is right for my family?
It depends on the child’s circumstances, the parents’ situation, and how long you expect to provide care. An attorney can review the specifics and recommend whether guardianship, custody, or another path best protects the child and your role.
Your Next Step
West Virginia’s move to raise kinship caregiver payments is welcome recognition of the relatives who keep children inside their families during hard times. But the money works best alongside a secure legal foundation for your care, so you can make the everyday decisions a child in your home depends on.
Klie Law Offices helps grandparents and relatives across West Virginia secure both the support and the legal authority they need to raise the children in their care. To understand your options under HB 4390 and beyond, contact our family law team today to schedule a consultation.
