My niece has been placed with me as a foster child by the court in Iowa. She was placed with me on November 6, 2008. Will I be able to claim her as a dependent on my 2008 tax return even though she hasn't resided with me for 6 months? She was born on October 12 and was released from the NICU on November 6, the same day as the court placed her in my care so she has resided with me for the entire time possible in 2008 other than her hospital stay in the NICU.

Thanks, Dee

Dee:

I would say that you CAN claim her as a dependent, because the biological parents never had custody of the child.

WHY are you the guardian of your niece? That information may be important to any advice given.