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Legal Definitions - residential care

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Definition of residential care

Residential care, within the context of family law, refers to a type of foster care arrangement where a child or young person lives in a structured, non-family setting, such as a group home or a specialized institution, rather than with an individual foster family. This placement is typically made when a child's specific needs, safety concerns, or behavioral challenges require a more intensive, supervised, or therapeutic environment than a traditional foster family home can provide.

Here are some examples illustrating residential care:

  • Example 1: Supporting a Teenager with Complex Needs

    A 15-year-old named Maya has experienced significant trauma and exhibits severe behavioral issues, making it difficult for her to thrive in a traditional foster family setting. After careful assessment, a court determines that Maya requires a highly structured environment with consistent therapeutic support. She is placed in a specialized group home where she receives daily counseling, participates in skill-building programs, and has round-the-clock supervision. This placement is an example of residential care because Maya is living in an institutional setting designed to meet her intensive needs, rather than with a single foster parent or family.

  • Example 2: Keeping Siblings Together

    The three young siblings, Leo (8), Mia (6), and Noah (4), are removed from their parents' home due to neglect. Child protective services searches for a foster family that can accommodate all three children, but no suitable family is immediately available. To keep the siblings together and ensure their immediate safety, they are temporarily placed in a children's residential facility. This facility provides a safe living space, meals, and supervision, allowing the siblings to remain united while a long-term foster family solution is sought. This temporary placement in a facility, rather than with a foster family, demonstrates residential care.

  • Example 3: Transitioning Young Adults

    Javier, who is 17, has been in foster care for several years. As he approaches adulthood, he needs support developing independent living skills, such as budgeting, job searching, and managing daily responsibilities. He is placed in a transitional living program, which is a type of residential facility designed for older adolescents and young adults in foster care. In this program, Javier lives with other young people, receives guidance from staff on life skills, and attends vocational training. This arrangement is a form of residential care because it provides a supervised, institutional living environment focused on preparing him for independent living, distinct from a traditional family home.

Simple Definition

In family law, residential care describes a type of foster-care placement where a child resides in a group home or institution. This differs from traditional foster families, providing a structured living environment for children requiring such arrangements.

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