Navigating Support for Grandparents Raising Grandchildren in the U.S.

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Across the United States, a significant and growing number of grandparents and other relatives are stepping into the primary caregiving role for children whose parents are unable to do so. These “grandfamilies” or “kinship families” provide essential stability and love, but often face unique challenges.

This guide offers information on the resources and support systems available to help these dedicated caregivers navigate their responsibilities and access the assistance they and the children in their care need and deserve.

Understanding Grandfamilies and Kinship Care

When grandparents, other older relatives, or even close family friends become the primary caregivers for children because the children’s parents are unable or unwilling to fulfill that role, these families are known as “grandfamilies” (in the case of grandparents and grandchildren) or, more broadly, “kinship families.” These caregiving arrangements can be formally established through legal custody or guardianship, or they can be more informal agreements between family members. The duration of such arrangements varies widely, from temporary situations to long-term commitments.

This form of care offers substantial benefits. For children, being raised by relatives can mean a safer, more supportive, and stable home environment, while also helping them maintain vital connections to their extended family, community, and cultural heritage. For caregivers, taking on this role can bring immense satisfaction, pride, and a renewed sense of purpose. However, it’s also important to acknowledge the significant challenges that can arise, affecting the caregiver’s physical, mental, and financial well-being.

Prevalence in the United States

Grandfamilies and kinship care arrangements are a significant part of the American family landscape.

• Over 2.7 million children in the U.S. are currently being raised by older family members, including grandparents and other relatives.
• The Annie E. Casey Foundation reports that nearly 2.5 million children, or 3% of all children in the nation, are in kinship care.
• According to 2021 U.S. Census Bureau data, about 6.7 million adults aged 30 and over (3.3% of this demographic) lived with their grandchildren under 18. Of these, approximately 2.1 million grandparents were responsible for most of their grandchildren’s basic needs.
• More recent data from 2023 indicates that about 2.1 million grandparents were responsible for their grandchildren.
• The U.S. Census Bureau also reported that in 2021, 32.7% of grandparents living with their grandchildren under 18 were primarily responsible for their care. This figure was slightly lower, at 32.0%, according to later ACS 5-Year Estimates.
• There’s an increasing trend of grandparents taking on this role for extended periods. In 2021, 49.3% of caregiving grandparents had been responsible for their grandchildren for five years or longer, a notable increase from 39.3% in 2012.
• Grandparents providing care are also getting older. In 2021, 60.1% of grandparents living with and responsible for their grandchildren were age 60 and over, up from 46.8% in 2012.

Geographic and Demographic Variations

The prevalence of grandfamilies varies across the country and among different demographic groups.

Geographic Distribution

Southern states, along with Alaska and Hawaii, generally have a higher proportion of adults aged 30 and over living with grandchildren compared to the national average. Conversely, states in the Northeast, Midwest, and Pacific Northwest tend to have lower shares.

These patterns often reflect regional demographics and cultural characteristics. For instance, the South has a larger Black or African American population, a group with a relatively high rate of grandparents living with grandchildren. Alaska and Hawaii’s higher rates are associated with larger American Indian/Alaska Native (AIAN) and Native Hawaiian/Other Pacific Islander (NHPI) populations, respectively, both groups having high percentages of grandfamily households.

Responsibility Levels by State

States in the South (with some exceptions like D.C., Florida, and Maryland) tend to have higher percentages of grandparents responsible for their grandchildren’s care than the national average, while West Coast states often have lower percentages.

Racial and Ethnic Disparities

Black or African American children are twice as likely as all children to live with grandparents or other relatives only. American Indian and Alaska Native and Black or African American grandparents were the most likely to be responsible for their grandchildren in 2021, with 39.2% and 38.2% of coresident grandparents being responsible, respectively.

Research from the Brookings Institution indicates that by 2019, more than 1 in 6 Black children lived with their grandparents, a share similar for Asian children, while non-Hispanic white children were less likely to live with a grandparent.

Poverty

A significant concern is the financial vulnerability of these families. About 16.2% of grandchildren under 18 living with grandparents were in poverty in 2021. This rate was higher in grandparent-maintained households (18.6%) compared to parent-maintained households (12.1%).

The Brookings Institution also highlights that children in skip-generation arrangements (living with a grandparent but no parent) are more likely to live in poverty. Grandparent caregivers themselves experience double the rate of poverty compared to other older persons.

These statistics underscore the widespread nature of grandfamilies and the diverse circumstances they face, highlighting the need for accessible and comprehensive support systems.

Why Grandparents Become Primary Caregivers

Grandparents and other relatives step into the role of primary caregivers for a multitude of complex and often challenging reasons, typically when a child’s parents are unable or unwilling to provide care. U.S. social policy often relies on families to act as a safety net when individuals face difficulties, and relatives largely fulfill this expectation by offering practical and emotional support.

The most common circumstances leading to grandfamily formation include:

Substance Abuse

A significant factor is parental substance abuse, including the rise in opioid and alcohol addiction, which can incapacitate parents.

Parental Incapacitation

This can stem from various issues such as:

• Mental or Physical Illness: Serious health conditions affecting parents can render them unable to care for their children.
• Incarceration: When parents are imprisoned, grandparents often assume care.
• Death of a Parent: The loss of one or both parents is another common reason.

Child Abuse and Neglect

If children suffer abuse or neglect at the hands of their biological parents, grandparents may intervene to provide a safe environment.

Military Deployment

Parental deployment in the military can necessitate grandparents taking on caregiving responsibilities, often with little notice.

Other Parental Challenges

Divorce, financial hardship, work demands, or school commitments of the parents can also lead them to seek help from grandparents in raising their children.

These situations often thrust grandparents into caregiving roles unexpectedly, requiring them to adapt quickly to new responsibilities. The specific needs and resources of the grandparents, as well as the needs of the parents and children, all play a role in determining the extent and nature of the care provided. For example, research indicates that grandparents with fewer functional limitations and more economic resources are more likely to provide nonresidential care, while those who are relatively disadvantaged are more likely to provide coresidential care, where they live with the grandchildren.

Financial Assistance for Grandfamilies

Raising grandchildren often brings unexpected financial burdens, especially for grandparents who may be on fixed incomes or retired. Fortunately, several federal and state programs can provide crucial financial support. Understanding eligibility and how to apply is key to accessing these resources.

A significant factor influencing access to certain financial aid programs, such as “child-only” TANF grants and some Social Security dependent benefits, is the grandparent’s formal legal relationship with the grandchild (e.g., custody, guardianship, adoption). Grandparents without such formal legal status may find themselves ineligible for certain types of financial aid, even if they are providing full-time care.

Furthermore, the array of available programs—Social Security, TANF, SNAP, various tax credits, and state-specific aid—each comes with its own distinct eligibility criteria, application procedures, and documentation requirements. This complexity can create a substantial navigational challenge for grandparents who may already be dealing with significant stress and emotional strain. As noted by the Children’s Defense Fund, caregivers often find it “difficult to connect with networks to find programs and assistance for which they are eligible.” This inherent complexity underscores the value of resources like Kinship Navigator programs, discussed later in this guide.

Social Security Benefits

Social Security can be a vital source of income for grandfamilies. Benefits may be available for the grandchild based on a grandparent’s work record, or a grandparent may need to become a representative payee to manage benefits the child receives for other reasons.

Benefits for a Dependent Grandchild

A grandchild may be eligible for monthly Social Security benefits based on a grandparent’s earnings record if the grandparent is retired, disabled, or deceased. Specific conditions must be met:

• The grandchild’s biological parents must be deceased or disabled.
• The grandparent must have legally adopted the grandchild. If the grandparent has already claimed their own Social Security benefits, adoption is a requirement for the grandchild to get benefits on their record.
• If the grandparent has not yet started receiving benefits and has not adopted the grandchild, the child may still qualify if:
  • The child began living with the grandparent before age 18.
  • The grandparent provided at least half of the child’s financial support for one year before the month the grandparent became entitled to retirement or disability benefits, or died.
  • The child’s natural parent(s) are not making regular contributions to their support.
• Stepchildren, adopted children, and in some cases, stepgrandchildren may also be eligible.
• Generally, the child must be unmarried and under age 18 (or up to 19 if a full-time elementary or secondary school student), or disabled before age 22.

To apply for these benefits, contact the Social Security Administration (SSA) at 1-800-772-1213 (TTY 1-800-325-0778) or visit your local Social Security office (Find an office). You will likely need to complete Form SSA-4, “Application for Child’s Insurance Benefits.” Necessary documents typically include the child’s birth certificate (or other proof of birth/adoption), the child’s Social Security number, the grandparent’s Social Security number, and proof of the grandparent’s death or disability (if applicable).

If applying as a dependent grandchild whose parents are deceased or disabled, documentation of this status and proof of the support provided by the grandparent will be essential. The SSA can assist in obtaining necessary documents if you don’t have them all. More information can be found on the SSA’s family benefits page and their page for kids and families.

Becoming a Representative Payee for a Grandchild

If a grandchild is entitled to Social Security or Supplemental Security Income (SSI) benefits but is too young or otherwise unable to manage them, the SSA can appoint a representative payee. This is often a grandparent in grandfamily situations.

What is a Representative Payee? A representative payee is an individual or organization appointed by the SSA to receive and manage benefits on behalf of a beneficiary who cannot do so themselves. Being an authorized representative, having power of attorney, or a joint bank account does not automatically make someone a payee; one must apply and be appointed by the SSA.

Duties of a Payee: The primary duties include using the benefits for the child’s current and foreseeable needs (such as food, shelter, clothing, healthcare, and personal items), saving any leftover funds in an interest-bearing account or savings bonds for the child’s future, keeping accurate records of how the money is spent and saved, and reporting any changes that might affect the child’s eligibility or the payee’s ability to serve.

How to Apply: To become a representative payee, contact your local Social Security office to apply. You will need to complete Form SSA-11, “Request to Be Selected as Payee,” and provide proof of your identity and your Social Security number. An interview, usually face-to-face, is typically required. Further details are available at the SSA’s Representative Payee Program page.

Temporary Assistance for Needy Families (TANF)

TANF is a federally funded, state-administered program that provides temporary financial assistance and support services to eligible low-income families with children.

What is TANF and How Can It Help?

Often referred to as “welfare,” TANF provides monthly cash payments to help families cover essential costs such as food, housing, utilities, and child care. Many states also offer job training and educational support through TANF.

A crucial aspect for grandfamilies is the availability in many states of “child-only” TANF grants. With these grants, only the child’s needs and income (if any) are considered for eligibility and benefit amounts, not the grandparent caregiver’s income, provided the grandparent has legal custody or guardianship of the child. This can make a significant difference for grandparents whose own income might otherwise make the family ineligible for assistance. Grandparent caregiver data collected by the U.S. Census Bureau is used in the evaluation of programs like TANF.

Applying for TANF

Because TANF is state-run, eligibility rules and application processes vary significantly from state to state. Generally, you must be a resident of the state where you apply.

To find your local TANF office and learn about your state’s specific requirements, you can use the Administration for Children and Families (ACF) office locator: Find Help for Families.

Example: Georgia’s TANF Program for Grandparents Georgia offers a specific “Grandparents Raising Grandchildren (GRG)” cash payment program. To be eligible for GRG payments, applicants must first apply for and be found eligible for TANF. Applications in Georgia can be submitted online through the Georgia Gateway portal, by mail, or in person at a local county Division of Family and Children Services (DFCS) office.

The process typically involves an interview with a case manager and providing documentation such as proof of identity, date of birth, Social Security numbers for household members applying, citizenship or immigration status, income, and expenses.

Supplemental Nutrition Assistance Program (SNAP)

SNAP provides vital nutritional support to low-income individuals and families, including many grandfamilies.

Ensuring Food Security with SNAP

SNAP, formerly known as the Food Stamp Program, issues monthly benefits that can be used to purchase food at authorized retail stores. Eligibility for SNAP is determined at the state level and generally requires applicants to be residents of that state and meet specific resource and income limits.

Resource Limits: For the period of October 1, 2024, through September 30, 2025, most households may have up to $3,000 in countable resources (like cash or bank accounts). Households with at least one member aged 60 or older, or who is disabled, may have up to $4,500 in countable resources.

Income Limits: Most households must meet both gross and net monthly income limits, which vary by household size. Households with an elderly (age 60+) or disabled member only need to meet the net income limit.

Household Composition: For SNAP purposes, everyone who lives together and purchases and prepares meals together is generally grouped as one household. Grandchildren under the age of 22 living with their grandparents are typically included in the same SNAP household, even if they purchase and prepare meals separately. The income and resources of all household members are considered.

How to Apply for SNAP

Applications must be submitted in the state where you currently live. Each state has its own application form and process. You can usually apply by:

• Contacting your local SNAP office.
• Visiting your state agency’s website (many offer online applications).
• Calling your state’s toll-free SNAP Information hotline.

You can find your state’s SNAP information and application procedures at the SNAP State Directory.

After submitting an application, you will typically have an eligibility interview (often by phone or in person) and will need to provide verification of your household’s circumstances (e.g., identity, income, expenses). If approved, benefits are usually provided back to the date of application and are issued on an Electronic Benefit Transfer (EBT) card, which works like a debit card.

Tax Credits for Grandfamilies

Several federal tax credits can provide significant financial relief to eligible grandparents raising grandchildren. It is important to note that many eligible grandfamilies may not be claiming these valuable tax credits, possibly due to a lack of awareness, the complexity of tax rules, or because they do not typically file tax returns if their income is below the filing threshold. Filing a tax return is necessary to claim these credits, even if no tax is owed or a return is not usually required.

Child Tax Credit (CTC)

The CTC is a tax credit for individuals who claim a qualifying child as a dependent on their tax return.

Eligibility for Grandparents: A grandchild generally qualifies if they:

• Are the grandparent’s son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of one of these (e.g., grandchild, niece, or nephew).
• Are under age 17 at the end of the tax year (the American Rescue Plan temporarily raised this to under 18 for the 2021 tax year only).
• Have a Social Security number valid for employment.
• Are claimed as a dependent on the grandparent’s tax return.
• Lived with the grandparent for more than half of the tax year.
• Did not provide more than half of their own financial support during the year.
• Are a U.S. citizen, U.S. national, or U.S. resident alien.

Income Limits: The full credit amount is available to taxpayers with income at or below certain thresholds (e.g., for 2024, $200,000 for single filers or $400,000 for those married filing jointly). The credit phases out for those with higher incomes.

How to Claim: Claim the CTC by listing qualifying children on Form 1040, U.S. Individual Income Tax Return, and attaching a completed Schedule 8812, Credits for Qualifying Children and Other Dependents.

IRS Resources: For more information, see IRS Publication 972, Child Tax Credit, and Publication 501, Dependents, Standard Deduction, and Filing Information, available at the IRS website. The IRS Interactive Tax Assistant can also help determine eligibility.

Earned Income Tax Credit (EITC)

The EITC is a refundable tax credit for low- to moderate-income working individuals and families, including grandparents raising qualifying children.

Eligibility for Grandparents: Grandparents with earned income may qualify if their grandchild meets the four qualifying child tests: relationship, age, residency, and joint return. The grandchild must have a valid Social Security number.

Income Limits: Eligibility and the credit amount depend on the grandparent’s adjusted gross income, filing status, and the number of qualifying children. Specific income limits apply and are updated annually.

How to Claim: To receive the EITC, eligible workers must file a federal tax return and claim the credit, even if they don’t owe any tax or aren’t otherwise required to file.

IRS Resources: Visit the EITC page for detailed information, eligibility tools, and Publication 596, Earned Income Credit.

Child and Dependent Care Credit

This credit may help grandparents who pay for the care of a qualifying grandchild to enable them to work or look for work.

Eligibility for Grandparents:

• The care must be for a qualifying person, which can be a dependent grandchild under age 13 when the care was provided, or a dependent grandchild of any age who is physically or mentally incapable of self-care.
• The grandparent (and spouse, if filing jointly) must have earned income during the year.
• The expenses must be work-related, meaning they allow the grandparent to work or look for work.
• Payments for care cannot be made to someone the grandparent can claim as a dependent (e.g., an older child of the grandparent who is still a dependent), their spouse, or the parent of the qualifying child if the child is under 13.

How to Claim: File Form 1040 and attach Form 2441, Child and Dependent Care Expenses.

IRS Resources: See IRS Publication 503, Child and Dependent Care Expenses.

State-Specific Financial Assistance

Beyond these federal programs, many states offer their own financial assistance programs tailored to grandfamilies. These can include supplemental payments, specific kinship care grants, or assistance with particular needs.

For example, Georgia’s Division of Child Support Services has a “Grandparents Raising Grandchildren” program that can help establish child support orders and redirect existing payments to the grandparent caregiver. This is in addition to the GRG cash payments via TANF.

Illinois’ Grandparents Raising Grandchildren Program, funded through Area Agencies on Aging, provides various supports including “gap-filling” financial assistance for emergency needs like clothing or school supplies.

It is highly recommended that grandparents contact their state’s Department of Human Services, Social Services, or Children and Family Services, or a local Kinship Navigator Program (see Section 7) to learn about specific financial assistance available in their area.

Accessing Healthcare for Grandchildren and Yourself

Ensuring access to healthcare is a primary concern for grandparents raising grandchildren. Several public health insurance programs can help cover the children, and it’s also important for caregivers to maintain their own health.

A recurring theme across various support systems is the critical link between a grandparent’s legal standing with respect to the grandchild and their ability to make healthcare decisions or enroll the child in insurance plans. While some states have consent laws allowing caregivers to authorize medical treatment without formal custody, these may not cover all situations or insurance enrollment. Obtaining a formal legal relationship, as discussed in Section 5, often provides the clearest authority for healthcare management.

Medicaid

Medicaid is a joint federal and state program that provides free or low-cost health coverage to millions of Americans, including eligible low-income adults, children, pregnant women, elderly adults, and people with disabilities.

Coverage for Children in Kinship Care

Children in low-income families are a primary group covered by Medicaid.

Eligibility: Federal law requires states to cover children up to at least 133% of the Federal Poverty Level (FPL), and many states extend coverage to children in families with higher incomes. Financial eligibility for most children is determined using Modified Adjusted Gross Income (MAGI) rules, which consider taxable income and tax filing relationships and do not typically include an asset test for children.

Automatic/Special Eligibility: Children who are in foster care (which can include formal kinship foster care where the child is in state custody but placed with a relative) or for whom an adoption assistance agreement under Title IV-E of the Social Security Act is in effect are often automatically eligible for Medicaid or fall under specific eligibility categories that streamline access. This is a key benefit for grandparents who engage with the formal child welfare system.

Non-Financial Requirements: Children must also meet non-financial criteria, such as being a resident of the state and a U.S. citizen or qualified non-citizen.

How to Apply for Medicaid

Application processes are managed by each state’s Medicaid agency. The Affordable Care Act aimed to simplify enrollment by allowing for a single, streamlined application for Medicaid, CHIP, and health insurance marketplace subsidies in many states.

• You can apply through your state Medicaid agency. Contact information can usually be found on your state government’s website or through Medicaid.gov.
• Some states have online portals for applications, such as the Iowa HHS Benefits Portal.
• You can also apply for Medicaid (and CHIP) through the Health Insurance Marketplace or by calling 1-800-318-2596 (TTY: 1-855-889-4325).

Children’s Health Insurance Program (CHIP)

CHIP provides low-cost health coverage to children in families who earn too much money to qualify for Medicaid but cannot afford private health insurance.

What is CHIP and Who is Eligible?

Each state operates its own CHIP program with its own eligibility rules, but all states work closely with their Medicaid program. Data on grandparent caregivers is used by communities to help enroll eligible families in programs like CHIP.

CHIP covers a comprehensive range of services, including routine check-ups, immunizations, doctor visits, prescriptions, dental and vision care, hospital care, laboratory and X-ray services, and emergency services.

While routine well-child visits are often free, some states may charge monthly premiums or copayments for other services, depending on family income.

A critical point for grandfamilies, illustrated by Pennsylvania’s CHIP program, is that a grandparent’s income may not be counted for CHIP eligibility unless they have legally adopted the grandchild. If the grandparent has not adopted the child, only the child’s income (if any) might be considered. This can be a significant advantage for grandfamilies where the grandparent’s income might otherwise disqualify the child from CHIP, and it presents a financial consideration when weighing legal options like adoption.

Applying for CHIP

Families can apply for CHIP at any time of year; there is no limited enrollment period.

Online/Phone: Apply through the Health Insurance Marketplace or by calling 1-800-318-2596 (TTY: 1-855-889-4325). The Marketplace application will determine eligibility for both Medicaid and CHIP.

State-Specific Application (Example: Pennsylvania): Pennsylvania’s CHIP is for uninsured children and teens under 19 who are PA residents and not eligible for Medicaid. Grandparents can apply for their grandchildren. Applications can be made online via the COMPASS website, by phone (1-800-986-KIDS), or by mail. As mentioned, in PA, the grandparent’s income is only counted if they have legally adopted the child.

Making Medical Decisions: The Importance of Legal Authority

Without a formal legal relationship such as legal custody or guardianship, or specific authorization through state consent laws or a power of attorney, grandparents may encounter difficulties in consenting to medical treatment for their grandchildren or enrolling them in their own health insurance plans. While some states have medical consent laws allowing caregivers to authorize routine care or immunizations with an affidavit, these may not cover all medical situations or allow for adding a grandchild to the grandparent’s insurance. Section 5 of this guide provides a detailed discussion of the various legal options available to grandparents to secure the authority needed for healthcare and other critical decisions.

Understanding Your Legal Options and Rights

Navigating the legal landscape is one of the most critical and often complex aspects of being a grandparent raising a grandchild. Establishing a formal legal relationship is frequently necessary to enroll children in school, consent to medical care, make important life decisions, and, in some cases, access specific financial benefits or subsidies. The laws governing custody, guardianship, and adoption vary significantly from state to state. Therefore, consulting with a family law attorney in your local area is highly recommended to understand the options best suited to your specific situation and the child’s needs.

Courts generally make decisions based on the “best interests of the child.” However, these considerations are often weighed against the fundamental rights of parents. If parents object to a grandparent gaining custody, the grandparent typically needs to demonstrate specific circumstances, such as parental unfitness (due to issues like abuse, neglect, substance abuse, or abandonment) or parental agreement. This can be a high legal threshold to meet.

The choice of legal arrangement also carries financial implications. Different legal statuses can unlock access to various financial supports, such as guardianship or adoption subsidies, particularly if the child has been involved with the foster care system. Informal care arrangements or a simple power of attorney generally do not provide access to these specific benefits.

Legal Options for Grandparents

The options for formalizing a grandparent’s caregiving role range from informal agreements to permanent legal arrangements like adoption. Each has different implications for decision-making authority, permanency for the child, and the rights of the biological parents.

Informal Arrangements and Powers of Attorney

Physical Custody (No Court Order): Simply having the child live with you (physical custody) without a court order does not grant legal authority to make major decisions about the child’s education or healthcare. Parents retain their full legal rights and can generally take the child back at any time.

Power of Attorney (POA): A parent can voluntarily grant a grandparent temporary authority to make specific decisions for a child (e.g., educational or medical) by signing a power of attorney document. However, the scope of authority is limited to what is specified in the POA, and parents can revoke it. It’s also important to note that the U.S. Treasury Department does not recognize a power of attorney for the purpose of negotiating federal payments like Social Security benefits on behalf of the child; a formal appointment as a Representative Payee by the Social Security Administration is required for that.

Medical and Educational Consent Laws

Some states have specific laws that allow a caregiver, such as a grandparent, to enroll a child in school or consent to medical treatment by signing an affidavit or a specific form, even without formal legal custody or guardianship. These laws vary by state.

Legal Custody

A court order granting legal custody gives a grandparent the authority to make daily decisions regarding the grandchild’s welfare.

Parental Rights: Parents typically retain some rights, including the right to visitation, and they can petition the court to regain custody if circumstances change.

Decision-Making: While legal custody grants significant decision-making power, it may not always be sufficient to add a grandchild to the grandparent’s health insurance plan without additional legal steps or specific plan rules.

Obtaining Custody: Unless parents voluntarily give up parental rights or consent to the grandparent having custody, the grandparent may need to prove to the court that the parent is unfit (e.g., due to neglect, abuse, or substance abuse). Some states have laws that make it easier for relatives who already have physical custody to obtain legal status based on the best interests of the child. In Pennsylvania, for example, grandparents can petition for custody in limited situations, and the court considers factors like the child’s safety and stability.

Guardianship (or Conservatorship in some states)

Guardianship grants a grandparent broad authority to care for and make decisions for a grandchild, similar to legal custody but often with more comprehensive rights.

Decision-Making: This typically includes making medical decisions, enrolling the child in school, adding the child to the grandparent’s health insurance, and potentially designating a standby guardian to care for the child if the grandparent becomes unable to do so.

Parental Rights: The impact on parental rights varies by state. In some states, parents may retain visitation rights, and guardianship can sometimes be modified or terminated by the court if parental circumstances change. In other states, guardianship may lead to a loss of parental rights.

Court Process: Guardianship is typically established through a probate court or family court proceeding.

Financial Support: Guardianship subsidies or assistance payments may be available, especially if the child was previously in the state’s foster care system and the guardianship is seen as a permanency option.

Adoption

Adoption is the most permanent legal option. It creates a new, legal parent-child relationship between the grandparent and grandchild.

Parental Rights: Biological parents’ rights are legally terminated, and they no longer have any legal claim to or responsibility for the child. The adopting grandparents gain all parental rights and responsibilities.

Permanency and Stability: Adoption provides the highest degree of permanency and stability for the child.

Financial Support: Adoption subsidies (which can be one-time payments or ongoing monthly assistance) may be available, particularly for children adopted from the foster care system who are considered to have “special needs” (a definition that varies by state but can include age, sibling group status, or medical/emotional conditions).

Table: Comparing Legal Options for Grandparents

To help clarify these options, the following table summarizes key aspects:

Kinship Foster Care

Kinship foster care involves the formal child welfare system.

Formal Kinship Foster Care: When a child is removed from their parents’ home by child protective services and placed in the legal custody of the state, the child welfare agency may then place the child with a relative (kin) caregiver. In this arrangement, the grandparent or relative must typically become a licensed or approved foster parent. The state retains legal custody of the child, and caseworkers make major decisions. The kinship foster parent is responsible for daily care and receives foster care payments to help cover the child’s expenses. Many states are working to implement kin-specific licensing standards that are more tailored to the unique circumstances of relative caregivers, potentially reducing barriers to licensure.

Informal Kinship Care: This refers to private arrangements where a child lives with a relative without formal child welfare system involvement or state custody. In these situations, the caregiver generally does not receive foster care payments, although they may be eligible for other forms of assistance like TANF child-only grants or SNAP if the household meets eligibility criteria.

Accessing Legal Aid

Given the complexity of these legal options and state-to-state variations, obtaining legal advice is crucial.

Finding Free or Low-Cost Legal Assistance

Legal Services Corporation (LSC): LSC is the largest funder of civil legal aid for low-income Americans in the nation. It funds 131 independent nonprofit legal aid organizations with offices in every state. You can find an LSC-funded legal aid office near you by using the search tool on their website: Find Legal Aid.

LawHelp.org: This website provides information about legal rights, free legal forms, and referrals to local legal aid and pro bono programs.

State and Local Legal Aid Societies: Many states and local communities have legal aid societies or pro bono programs that offer free or reduced-cost legal services to eligible individuals.

Example – Georgia: The Elderly Legal Assistance Program (ELAP) provides free legal help to Georgians aged 60 and older for civil matters. The Atlanta Legal Aid Society has a Kinship Care Project providing free legal representation to eligible kin caregivers in the metro Atlanta area, focusing on custody and also offering wrap-around legal services.

Example – Pennsylvania: The SeniorLAW Center offers free legal services to Pennsylvanians aged 60 and older, including assistance with custody issues for grandparents raising grandchildren. Those under 60 can contact the Pennsylvania Bar Association for referrals.

American Bar Association (ABA) Resources

The ABA offers several resources, primarily aimed at supporting legal professionals and improving the legal system for kin caregivers, rather than direct representation for individuals.

• The ABA Commission on Law and Aging works on legal issues affecting older adults and may have relevant publications or resources.
• The ABA Center on Children and the Law has “Kin and Relative Caregivers Projects” that provide legal resources for kin and professionals. They are a collaborating partner in Grandfamilies.org and offer tools like the “Kin Licensing Implementation Tool” to help states develop kin-specific foster care licensing standards. The ABA also encourages state and local bar associations to develop pro bono and low-cost legal services projects for kinship providers.

Supporting Your Grandchild’s Education

Ensuring a stable and supportive educational environment is vital for children in grandfamilies. This involves navigating school enrollment, accessing early education programs, and advocating for children with special needs.

For grandparents in informal kinship care arrangements, particularly those facing housing instability, the McKinney-Vento Homeless Assistance Act can be a critical federal law that facilitates school enrollment by overriding typical documentation requirements related to proof of residency or legal guardianship. This Act recognizes that children sharing housing due to economic hardship or loss of housing are considered homeless and mandates their immediate enrollment, which can be a lifeline for grandfamilies struggling to establish formal legal ties or stable housing.

School Enrollment

Rights and Processes

Enrolling a grandchild in school can sometimes be challenging if the grandparent does not have formal legal custody or guardianship. Schools often require proof of residency and legal authority to make educational decisions.

As discussed in Section 5, obtaining legal custody, guardianship, or utilizing state-specific educational consent affidavits (if available in your state) can provide the necessary authority for school enrollment.

The U.S. Department of Education provides resources for students in foster care, which can sometimes overlap with formal kinship care situations.

McKinney-Vento Homeless Assistance Act

This federal law is particularly important for grandfamilies who may be in temporary or unstable housing situations.

Eligibility: The Act defines “homeless children and youths” broadly to include those “sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason.” This definition often applies to children in informal kinship care arrangements where the family has had to move in with relatives.

Enrollment Rights: The McKinney-Vento Act requires schools to enroll eligible students immediately, even if they lack documents normally required for enrollment, such as proof of residency, guardianship papers, birth certificates, or immunization records. Schools must assist in obtaining these documents.

School Choice: Students covered by the Act have the right to enroll in their local attendance area school or continue attending their “school of origin” (the school they attended when permanently housed or last enrolled), if that is feasible and in their best interest. Transportation to the school of origin must also be provided in certain circumstances.

Support: Each school district must designate a liaison for homeless children and youth who can assist with enrollment and accessing services. Further information can be found at the National Center for Homeless Education.

Early Education: Head Start and Early Head Start

Head Start and Early Head Start are federal programs that provide comprehensive early childhood education, health, nutrition, and parent involvement services to low-income children and their families. Children in kinship care often have multiple pathways to eligibility that are not solely dependent on the grandparent’s income. This is vital because grandparents might incorrectly assume they don’t qualify if their own household income is above the usual Head Start thresholds, while the child might be eligible based on other circumstances.

Eligibility for Children in Kinship Care

Children living in kinship care arrangements may be eligible for Head Start or Early Head Start if they meet one of the following criteria:

• Public Assistance: The child is eligible if the relative caregiver receives public assistance (like TANF or SSI), or if the child themselves receives a “child-only” TANF grant.
• Foster Care: A child is considered to be in foster care (and thus eligible) if the child welfare agency has placed them away from parents or guardians and in the care of relatives. This applies even if the state agency has formal placement and care responsibility.
• Homelessness: A child is eligible if they meet the McKinney-Vento definition of homeless. This can include children living with relatives due to loss of housing, economic hardship, parental substance misuse, incarceration, or similar reasons.

How to Apply

To apply for Head Start or Early Head Start, families should contact local Head Start programs. The Office of Head Start provides an online “Head Start Program Locator” tool: Head Start Locator. You can search by zip code, city, or state to find programs in your area.

Support for Children with Special Needs

Grandparents raising grandchildren with disabilities have specific rights and resources available to ensure their educational needs are met. For these children, the Individuals with Disabilities Education Act (IDEA) grants important rights to “parents” regarding Individualized Education Programs (IEPs) and other educational decisions. Grandparents need to understand how their legal relationship (or lack thereof) with the grandchild positions them to act as the “parent” under IDEA to effectively advocate for the child. State laws or specific school district policies might define “parent” for IDEA purposes to include kinship caregivers in certain circumstances, but this is a critical area to clarify.

Understanding IDEA and IEPs

The Individuals with Disabilities Education Act (IDEA) is a federal law ensuring that eligible children with disabilities (from age 3 through 21) receive a Free Appropriate Public Education (FAPE) tailored to their individual needs. This is primarily achieved through the development of an Individualized Education Program (IEP).

IDEA also provides for early intervention services for infants and toddlers (birth through age 2) with disabilities and their families under Part C of the law.

Grandparents acting as the child’s primary caregiver need to understand these rights to effectively advocate for appropriate evaluations, services, and placements for their grandchildren. The U.S. Department of Education’s IDEA website is a comprehensive resource.

Advocacy and Resources

Parent Training and Information Centers (PTIs) and Community Parent Resource Centers (CPRCs): There are nearly 100 PTIs and CPRCs across the U.S. and its territories. These centers are funded by the U.S. Department of Education and provide families of children with disabilities (from birth to age 26) with information, training, and assistance to help them understand their rights and responsibilities under IDEA, obtain appropriate services, and participate effectively in their children’s education and development. You can find your nearest center through the Center for Parent Information and Resources website.

Children’s Defense Fund (CDF): The CDF offers “The Grandparent’s and Other Relative Caregiver’s Guide to Raising Children With Disabilities.” This guide explains how to access services, understand federal laws protecting children with disabilities, navigate evaluations, and manage healthcare costs for children with disabilities. It also lists additional resources.

Grandparent Information Center (GIC): Though now part of other initiatives, historical resources from GIC, often available through organizations like the Children’s Defense Fund, included tip sheets on addressing the educational needs of grandchildren.

ChildCare.gov: This government website provides an overview of IDEA and links to resources for families of children with disabilities, including information on early intervention and special education.

Finding Emotional, Social, and Practical Support

Beyond financial and legal matters, grandparents raising grandchildren often need emotional, social, and practical support to manage the demands of caregiving and maintain their own well-being. Several programs and resources are designed to provide this crucial assistance.

The National Family Caregiver Support Program (NFCSP), administered through local Area Agencies on Aging (AAAs), often serves as a vital entry point, not just for its direct services, but also by providing information and referrals to a broader network of community supports. This “gateway” function can be invaluable for grandparents trying to navigate a complex system of services.

National Family Caregiver Support Program (NFCSP)

The NFCSP, established under the Older Americans Act, provides grants to states and territories to fund a range of supports for family caregivers, including grandparents and other older relatives raising children.

Services Offered

Through local Area Agencies on Aging (AAAs), the NFCSP funds five main categories of services:

• Information to caregivers about available services.
• Assistance to caregivers in gaining access to supportive services.
• Individual counseling, organization of support groups, and caregiver training to assist caregivers in areas such as health, nutrition, financial literacy, and decision-making.
• Respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities.
• Supplemental services, on a limited basis, to complement the care provided by caregivers (e.g., emergency assistance for items like clothing or school supplies, as seen in Illinois’ program).

Eligibility for Grandparent Caregivers

The program serves older relatives (grandparents, step-grandparents, or other relatives by blood, marriage, or adoption) who are age 55 and older and are raising children under the age of 18. Priority is given to older individuals with the greatest social and economic need, and specifically for grandfamily caregivers, priority is given to those caring for children with severe disabilities.

Accessing NFCSP Services

The primary way to access these services is by contacting the Eldercare Locator, a public service of the U.S. Administration on Aging. Call 1-800-677-1116 or visit their website at Eldercare Locator. The Eldercare Locator will connect you to your local Area Agency on Aging (AAA), which administers NFCSP services in your community.

Respite Care

Respite care provides short-term breaks for caregivers, which is essential for preventing burnout and maintaining the caregiver’s health and ability to continue providing care. In 2017, the NFCSP provided over 230,000 hours of respite care to grandfamilies.

How to Find Respite Care

• Through the NFCSP via your local Area Agency on Aging (AAA).
• Some states have dedicated respite programs. For example, New York State has community-based respite programs and also provides respite through its National Family Caregiver Support Program and Expanded In-Home Services for the Elderly Program (EISEP).
• Kinship Support Services Programs in some states, like California’s KSSP, may also offer respite care.

Support Groups and Counseling

Connecting with other grandparents in similar situations can be incredibly beneficial. Support groups offer a space to share experiences, exchange coping strategies, reduce feelings of isolation, and receive emotional validation. The consistent availability of support groups through various programs underscores their importance in addressing the social and emotional challenges many grandfamilies face. Counseling services can also provide individualized support for caregivers dealing with stress, grief, or behavioral challenges in children.

Finding Local Groups and Counseling

• NFCSP/Area Agencies on Aging often organize or fund support groups and counseling.
• Kinship Navigator Programs (see below) are excellent resources for referrals.
• The 2-1-1 information and referral hotline (dial 2-1-1 or visit 211.org) can connect you to local support services.
• AARP offers an online community for raising grandchildren and previously had a Grandparent Support Locator (check www.aarp.org/grandfamilies for current tools).

State Program Examples

• Illinois: The Grandparents Raising Grandchildren Program, through AAAs, funds support groups and counseling.
• Utah: The Children’s Service Society’s GRANDfamilies program provides support groups, psychoeducational classes for adults and children, and counseling services across several counties.
• California: The Kinship Support Services Program (KSSP) in participating counties offers support groups and counseling services.

Kinship Navigator Programs

Kinship Navigator Programs are designed to be central points of contact to help grandfamilies and other kinship caregivers find and access the wide array of services and supports they may need. These programs play a crucial role in overcoming the fragmentation of services by acting as system-spanning connectors, guiding caregivers through complex eligibility requirements and application processes for things like healthcare, legal aid, and financial assistance.

What They Do

These programs provide information, referrals, and assistance with accessing services such as financial aid (TANF, SNAP, Social Security), healthcare (Medicaid, CHIP), legal assistance, housing, support groups, respite care, and educational resources.

Federal Support

The federal government supports these programs. Title IV-E of the Social Security Act allows for funding for evidence-based Kinship Navigator Programs, and Title IV-B, subpart 2 provides formula grants to states and tribes to develop, enhance, or evaluate these programs.

Finding Your State’s Program

• Child Welfare Information Gateway: This federal service maintains a database of State Kinship Care Contacts and Programs, which often includes Kinship Navigator programs. Visit the State Kinship Care Contacts and Programs page.
• 2-1-1 Hotline: Dial 2-1-1 or visit 211.org for referrals to local kinship support, including navigator programs.
• State Example: Massachusetts offers a Kinship Navigator program with a dedicated website and phone line (1-844-924-4KIN).

Child Care Assistance

For grandparents who are working, in school, or in job training, child care costs can be a significant financial hurdle. State child care subsidy programs can help make child care more affordable.

Eligibility

These programs are typically income-based, and caregivers usually need to be working or participating in approved educational or training activities.

How to Apply

Contact your state’s Department of Human Services or the agency that administers child care assistance.

Example – Tennessee: The Child Care Certificate Program assists various families, including Families First (TANF) participants and non-parental guardians in the Families First program who meet work/training requirements. Applications can be made online through the One DHS Customer Portal or by paper application.

Key National Organizations and Online Resources

Numerous national organizations are dedicated to supporting grandparents raising grandchildren and kinship families. These organizations offer a wealth of information, advocate for policy changes, and provide direct or indirect resources. Accessing one of these can often lead to discovering a broader network of support, as many collaborate on initiatives. While national organizations offer valuable broad guidance, state-specific resources are crucial for accessing locally administered programs.

AARP: AARP provides extensive resources for older adults, including a strong focus on grandfamilies. They offer GrandFacts State Fact Sheets (www.grandfactsheets.org) which provide state-specific data, programs, and legal information. AARP also hosts online communities for caregivers, publishes articles on legal and financial issues affecting grandfamilies, and offers general caregiving support.

Generations United: Generations United is a leading voice for intergenerational issues. Its National Center on Grandfamilies conducts federal advocacy, supports grandfamily advocates, and produces resources like the annual State of Grandfamilies reports. It also spearheads the Grandfamilies & Kinship Support Network, a national technical assistance center for professionals serving these families.

Grandfamilies.org: This website is a comprehensive national legal resource specifically for grandfamilies, developed as a collaboration between Generations United, the American Bar Association (ABA) Center on Children and the Law, Casey Family Programs, and other partners. It features a searchable database of state laws and policies, fact sheets, publications on financial assistance, healthcare, legal options, and more.

Children’s Defense Fund (CDF): CDF is a child advocacy organization that provides information on issues facing vulnerable children and families, including grandfamilies. They have published valuable guides, such as “The Grandparent’s and Other Relative Caregiver’s Guide to Raising Children With Disabilities.”

Child Welfare Information Gateway: A service of the U.S. Department of Health and Human Services’ Children’s Bureau, the Child Welfare Information Gateway offers a vast library of resources on all aspects of child welfare, including a dedicated section on kinship care. It provides access to publications, state and local program contacts (including Kinship Navigator programs), and information on federal laws and policies.

Administration for Community Living (ACL): An agency within the U.S. Department of Health and Human Services, ACL administers the National Family Caregiver Support Program (NFCSP) and the Eldercare Locator (1-800-677-1116; eldercare.acl.gov), which is a key access point for local services for older adults and their caregivers, including grandfamilies. ACL also supports the federal Advisory Council to Support Grandparents Raising Grandchildren.

The Children’s Bureau (CB), Administration for Children and Families (ACF), HHS: The Children’s Bureau is the primary federal agency responsible for administering programs that support state child welfare services. It oversees funding and provides guidance for kinship care initiatives such as Kinship Navigator Programs and Guardianship Assistance Programs, and issues policy guidance relevant to grandfamilies.

Grandparents and other relatives taking on the care of children play an indispensable role in our communities. Navigating the available support systems can be challenging, but these resources are designed to help ensure the well-being and stability of both caregivers and the children they nurture.

Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.