Thе sole issue in this case is whether Michael and Jacintha Worrell have standing to petition a trial court for visitation with their former foster children. We hold they do not.
Factual Background and Procedural History
In 1995, R.D., S.D., and B.D., brothers sharing the same natural mother, were placed in the Worrells’ home as foster children. They remained in that home for seventeen months, until the Worrells discovered that twelve-year-old B.D. kissed and held hands with their twelve-year-old natural daughter. Jacintha Worrell reported thе incident to the proper authorities, and they placed B.D. in another foster home that same day. The other two brothers remained with the Worrells for two months, at which time they were placed elsewhere so that all three brothers could be reunited.
The Worrells subsequently filed petitions for visitation with each of the three boys. Aftеr a hearing, the trial court held that the Worrells lacked standing to request visitation and dismissed the petitions.
The Worrеlls appealed, and the Court of Appeals reversed. It held that the Worrells did have standing because thеy “met their initial burden of establishing the threshold requisite of a custodial and parental relationship with their former foster children_”
Worrell v. Elkhart County Office of Family and Children,
The Court of Appeals has set out a two-part test for determining whether tо grant visitation to a non-parent third party.
1
“To establish grounds for visitation, a third party must demonstrate the existence of a custodial and parental relationship and that visitation would be in the children’s best interest.”
Francis v. Francis,
The Worrells argue that thеir foster relationship with the children constituted a custodial and parental relationship sufficient to cоnfer standing to request visitation. While we agree that a foster parent acts by definition in a custodial caрacity, we do not agree that the foster relationship justifies standing to petition for visitation.
*1029
When the Court of Aрpeals established the two-prong test for third party visitation in
Collins v. Gilbreath,
it expressly limited the breadth of its application.
Subsequent cases extended visitation to former step-parents following divorce. Sеe, e.g.,
Caban v. Healey,
In other cаses, courts have declined to extend visitation rights to third parties who are not step-parents. See
Wolgamott v. Lanham,
We agree with the prior holdings limiting standing to step-parents, and we now hold that the test dоes not extend to foster parents. As the Court of Appeals noted in the context of grandparent visitatiоn, an expansion of the class of petitioners with standing to request visitation to include foster parents “should occur in a legislative, not judicial, forum.”
Collins,
Unlike parent and step-patent relationships, foster relationships are designed to be temporary, providing a “safe, nurturing environment” until the child can either be returned to the nаtural parents or adopted by new ones. Indiana Foster Family Handbook 46 (1995). Furthermore, the foster relationshiр is contractual; the parents are reimbursed by the State for their care of the children. See
id.
at 101-05. Finally, аs Judge Garrard noted in his dissent, the foster relationship may be one in a series of temporary arrangements.
Worrell,
Conclusion
We vacate the decision of the Court of Appeals and affirm the decision оf the trial court.
Notes
. The Indiana Code establishes an entirely separate statutory scheme for grandparents requesting visitation. See Ind.Code Ann. § 31-17-5-1 (West Supp. 1998).
