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ES44
New Member

Deductions for foster children

If a foster child is with us from Jan1 to mid November and stays in the custody of the state, but changes placement, can we still claim them as they lived with us more than 6 months and 1 day and should not be eligible for anyone else to claim

2 Replies
macuser_22
Level 15

Deductions for foster children

If placed with you by a government agency then as long as the child physically lived with you more then 1/2 the year (183 nights or more) then you can claim the same way as your own child.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Opus 17
Level 15

Deductions for foster children

Assuming the child is placed in your home by the state, or by an agency or process recognized by the state, then your legal right to claim them as a dependent is the same as a biological parent. If they lived in your home more than half the nights of the year, you have the first entitlement to claim them as a dependent even if they were returned to their biological parent.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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