Legal Definitions - fosterage

Fosterage refers to the arrangement where a child is cared for by someone other than their biological or adoptive parents.

This term encompasses several aspects:

• The act of providing care for another person's child.
• The act of entrusting a child to the care of another individual or family.
• The condition or state of a child being under the care and supervision of someone who is not their biological or adoptive parent.

Fosterage often involves a temporary transfer of parental responsibilities, which can occur through formal legal channels (like a state foster care system) or through informal agreements within a family or community.

Example 1: State-Mandated Foster Care Placement

When a court determines that a child's home environment is unsafe due to neglect, a child protective services agency might place the child with a licensed foster family. This placement is a clear instance of fosterage. The agency performs the act of entrusting the child to the foster family, the foster family undertakes the act of caring for the child, and the child is in the condition of being fostered by that family under the state's supervision.

Example 2: Informal Family Care During Parental Absence

A parent who needs to undergo a lengthy medical treatment out of state might arrange for their children to live with their sister and brother-in-law for six months. During this time, the aunt and uncle manage the children's schooling, healthcare, and daily needs. This arrangement constitutes fosterage. The parent is entrusting their children to the aunt and uncle, who are providing the necessary care, and the children are in the condition of being fostered by their relatives for the duration of the parent's treatment.