The sibling bond is a fundamental aspect of human relationships. The bond often outlasts many other connections throughout a person's life.
In the area of foster care and adoption, where stability and emotional support are important, the preservation of sibling relationships takes on an even greater significance.
As children navigate their self-discovery and personal development, the sibling relationship is a critical influence in their lives. Thus, understanding the impacts of sibling separation in foster care and adoption settings is essential.
The Significance of the Sibling Bond
With approximately 500,000 children in the foster care system in the United States, studies have shown the importance of sibling relationships. According to the Journal of the American Academy of Psychiatry and the Law, “The sibling relationship is a lifelong relationship. In the context of the child welfare system, the sibling can be the one support a child has with a shared experience as the child travels through the child welfare system.”1
Morgan Boyd is a 2025 J.D. candidate at Marquette University Law School in Milwaukee.
The Washington Court System’s Youth and Justice Programs use the term “Harm of Removal,” which is a blanket term in the child welfare system that encompasses the ways forceable separation from family may negatively impact a child. According to the program, the removal of children from their families is “extremely disruptive to a child’s neurological and socio-emotional development.”2
Placement in foster care and adoption processes can be a difficult and traumatic experience for children. Many have reported feeling worried and confused while experiencing loss of identity, self-esteem, and sense of belonging. These feelings may be intensified if the child is separated from a sibling.3
A study of young adults formerly in foster care found “elevated rates of mental health and substance use disorders when compared with the general population.” Three studies exploring the mental effects of foster care on children revealed that these children exhibited a rate of PTSD five times higher than that observed in the general population, surpassing even the PTSD rates documented in certain studies of combat veterans. Not only does foster care affect a child’s mental health, but it also can lead to an increase in criminality. An analysis of 10 years’ worth of data from Illinois showed that involvement in the child welfare system “more than doubled the rate of delinquency charges.” Additionally, roughly 14 percent of those incarcerated in California had previous engagement with the foster care system.4
Fortunately, there are mitigating factors for children involved in the child welfare system, one of those factors being sibling relationships.
Benefits of Placing Siblings Together
The placement of siblings together may provide placement stability, permanency, and the well-being of the youth. Recent research indicates that placing siblings together can enhance the integration into placement families. Additionally, keeping siblings together has been linked to improved academic performance, fewer emotional and behavioral problems, and a stronger sense of belonging compared to siblings who are separated. Siblings offer each other necessary support, allowing them to find strength and resilience in their shared experiences. Siblings have expressed a deep sense of fulfillment stemming from the love they received from their siblings and the joy they experienced in being able to give love in return.5 Many children in foster care have only one constant relationship: a sibling. Siblings placed together likely have a stronger sense of security and can adjust better to their new family.
Federal and State Efforts
The child welfare system is dedicated to providing a child with safety and permanency, with the main focus on the child’s relationship with a parent. However, over the years, federal legislation has been passed to help ensure that siblings remain together. But it doesn’t seem to be enough. The Fostering Connections to Success and Increasing Adoptions Act of 2008 states that agencies should “make ‘reasonable efforts’ to place siblings together, whether in foster care, adoption, or guardianship.”6
Furthermore, the Act mandates that if siblings cannot be placed together, the state is required to make reasonable efforts to ensure they have frequent visits or maintain regular interaction unless such contact is deemed harmful to the safety or well-being of any of the siblings. 7 The Family First Prevention Services Act of 2018 also alluded to the importance of keeping siblings together by permitting the number of children in a foster home to exceed the approved capacity to keep siblings together. 8
While efforts have been made to keep siblings together, the question of what constitutes “reasonable effort” remains. States vary in how they interpret reasonable effort.9 These different interpretations directly impact children across the United States and whether they remain with their siblings.
States not only have different interpretations of “reasonable effort,” but also define siblings differently. For example, Wis. Stat. section 48.38(4)(br)(1) defines a sibling as “a person who is a brother or sister of the child, whether by blood, marriage, or adoption, including a person who was a brother or sister of a child before the person was adopted or parental rights to the person were terminated,” whereas Illinois 602.9(a)(2) defines a sibling as “a brother or sister either of the whole blood or the half blood, stepbrother, or stepsister of the minor child.” The variability in language and broad legislation passed is still not enough to help keep siblings together in foster care and adoption.
Conclusion: A Critical Bond
While there have been legislative efforts, research shows the importance of keeping siblings together in foster care and adoption. The current legislation is not enough. According to the U.S. Department of Health and Human Services, “The bond between brothers and sisters is unique – it is the longest lasting relationship most people have, longer than the parent-child or husband-wife relationship. While the bonds may wax and wane, a person's lifetime quest for personal identity is undeniably interwoven with his or her siblings.”10 With sibling relationships playing such a crucial role in a child’s life, especially for children experiencing neglect and abuse, it is critical the sibling bond is not broken in foster care or adoption.
This article was originally published on the State Bar of Wisconsin’s Children & the Law Section Blog. Visit the State Bar sections or the Children & the Law Section webpages to learn more about the benefits of section membership.
Endnotes
1 R.M.A. Shafi, et al., “The Importance of Sibling Relationships for Children in Foster Care,” Journal of the American Academy of Psychiatry and the Law Online, June 2023, pp. 255-262.
2 Family and Youth Justice Programs, “Harm of Removal in Child Welfare,” Washington Courts.
3 Armeda Stevenson Wojciak, et al., “Sibling relationships of youth in foster care: A predictor of resilience,” Children Youth Serv Rev. 2018; 84:247-54.
4 Shafi, et al.
5Wojciak, et al.
6 U.S. Congressional Research Service, “Child Welfare: The Fostering Connections to Success and Increasing Adoptions Act of 2008 ( P.L. 110-351).
7 Id.
8 Bipartisan Budget Act of 2018, H.R. 1892, 115th Cong. (2018).
9 Shafi, et al.
10 U.S. Department of Health and Human Services Administration for Children & Families, “The Sibling Bond: Its Importance in Foster Care and Adoptive Placement,” National Adoption Information Clearinghouse, January 30, 2004.
