In Buffalo, New York, Megan Baxter-Scott’s life changed overnight when Child Protective Services (CPS) asked her to take in her 17-year-old stepdaughter’s infant son. The placement was made outside of the family court system, a quiet arrangement designed to avoid formal foster care. For Baxter-Scott, a single mother already raising two teenagers, the sudden responsibility was overwhelming — but she felt she had no choice. Having grown up in foster care herself, she didn’t want the baby to endure the same trauma.
Her story reflects a broader issue known as “hidden” or “shadow” foster care, where CPS places children with relatives or friends through informal safety plans rather than official court processes. Because these children never formally enter foster care, little data exists on how many are affected, leaving families without financial support or legal protections.
A new bill passed by New York lawmakers aims to change that. The legislation, awaiting Governor Kathy Hochul’s signature, would require child welfare agencies to track these informal placements, report on how long children are separated from parents, and include demographic details. Lawmakers sponsoring the bill, Sen. Jabari Brisport and Assemblymember Andrew Hevesi, argue that greater transparency is needed to protect children and support kinship caregivers.
Advocates point out that while placing children with relatives often benefits their well-being and connection to family, hidden foster care denies both children and caregivers vital resources available in the formal system. Licensed foster parents in New York receive stipends and access to services, while informal caregivers like Baxter-Scott must shoulder expenses alone.
Some states, including Texas and Georgia, already require tracking of kinship diversion cases. Texas even set strict limits on how long informal custody can last before courts must intervene, resulting in a sharp reduction in hidden foster care cases. At the federal level, efforts to mandate nationwide reporting have stalled.
For caregivers like Baxter-Scott, New York’s bill could mean much-needed recognition and support. “This law is important because it brings into focus what’s happening behind closed doors,” she said. “These children deserve the same resources and care as any other child in the system.”