A foster parent or foster parents must comply with Section 80-2-802, which provides that Child and Family Services cannot place a child with a couple who is cohabiting unless they are relatives of the child. Child and Family Services gives priority for foster care placements to families in which both a man and a woman are legally married or valid proof that a court or administrative order has established a valid common law marriage, Section 30-1-4.5. Legally married couples, individuals who are not cohabiting, and relatives of the child in state custody may be foster parents.

KEY: child welfare

Date of Last Change: February 2, 2026

Notice of Continuation: February 14, 2023

Authorizing, and Implemented or Interpreted Law: 30-1-4.5; 63G-4-104; 80-2-301; 80-2-302; 80-2-703; 80-2-802; 80-2a-301; 80-2a-304; 80-3-104; 80-3-201; 80-3-302; 80-3-305; 80-3-307; 81-13-101