Best Delaware Kinship Guide for Informal Arrangements Without a Court Order
If you are raising a relative's child in Delaware without a court order — no formal guardianship, no custody decree, no involvement from the Division of Family Services — the best guide is one that shows you exactly what you can access administratively and what documents substitute for the court orders you do not have. The answer is more than most caregivers expect: child-only TANF cash assistance, Medicaid for the child, SNAP food benefits, subsidised childcare, transition funds through the Kinship Care Program, school enrollment through a statutory affidavit, and medical consent through a separate affidavit. All without filing in Family Court.
The Financial Help for Grandparents and Relatives Raising a Child in Delaware guide was designed for informal arrangements specifically — the majority of kinship placements in Delaware operate without a court order, and the guide covers the programmes and paperwork that apply.
What "Informal Kinship Care" Means in Delaware
An informal kinship arrangement is one where a relative has taken physical custody of a child through a family agreement — the biological parents are unable to care for the child (due to addiction, incarceration, hospitalisation, death, or other crisis), and a grandparent, aunt, uncle, older sibling, or family friend steps in. There is no court order directing the placement and no child welfare agency involvement.
This is the most common form of kinship care. It is also the form that receives the least institutional guidance, because the caregiver is not in the child welfare system and does not have a caseworker assigned to navigate benefits. The caregiver is on their own.
The critical fact for informal kinship caregivers in Delaware: the absence of a court order does not bar access to most public benefits. The programmes listed below are all available to informal caregivers who can document their relationship to the child and the child's residence in their home.
What Informal Caregivers Can Access Without a Court Order
| Programme | Available Without Court Order? | Key Eligibility Rule |
|---|---|---|
| Child-only TANF | Yes | Non-parent relative applying solely for the child; caregiver income excluded |
| Kinship Care Program (180-day) | Yes | Child under 18, relative within 5th degree, caregiver lives in Delaware, income below 200% FPL, parent not in home, and child arrived within 180 days; child must be a citizen or lawfully admitted and need a covered service. Assistance is capped at $500 per child per transition period per year and is not guaranteed. |
| Medicaid / Delaware Healthy Children Program | Yes | Based on child's circumstances, not caregiver's household wealth |
| SNAP | Yes | An under-18 child living with and under the caregiver's parental control must be in the same household even if they purchase or prepare food separately |
| Purchase of Care (childcare subsidy) | Yes | Copayment waiver when TANF applies to a child cared for by a nonparent |
| School enrollment | Yes, if statutory conditions are met — Title 14 § 202(f) | Notarized Caregivers School Authorization submitted to the school district by an adult relative who lives with the child in the district and meets a listed circumstance |
| Medical consent | Yes, if statutory conditions are met — Title 13 § 708 | Notarized Medical Authorization Affidavit; caregiver must be 18 or older, the child must live with them, and a parent or guardian must approve or be unavailable after reasonable efforts |
| WIC | Yes, if eligible | Delaware resident child under 5 who meets income guidelines and has a nutritional risk |
| Fair hearing appeal | Yes | Available to any applicant or recipient whose benefit is denied or reduced |
Guardianship assistance is a separate, case-specific path. Delaware Family Court says federal subsidies are no longer available for guardianships or permanent guardianships, and DFS rarely subsidizes them.
Why Most Resources Miss Informal Caregivers
The gap in available information is structural. Government agency websites describe their programmes from the programme's perspective — eligibility rules, income limits, forms. They do not typically explain how an informal caregiver with no court order and no caseworker should approach the application. The ASSIST portal does not have a separate workflow for informal kinship placements. Legal aid organisations prioritise families in court. National kinship resources describe programmes at a high level without covering the portal steps or income-exclusion strategies specific to Delaware.
The result is that informal kinship caregivers — the largest group — are also the least served by available resources. They cannot access DFS foster care payments (because the child did not enter care through DFS). They often do not qualify for CLASI representation (because there is no court case). And they receive no proactive outreach from agencies about the programmes the child is entitled to.
A guide designed for informal arrangements addresses this gap directly: it identifies every programme available to a caregiver without a court order, explains the application process for each, and provides the documentation alternatives that substitute for court orders.
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What Substitutes for a Court Order
Delaware law provides statutory instruments that give relative caregivers the practical authority they need without filing in Family Court:
For school enrollment: The Caregivers School Authorization under Title 14 § 202(f) allows a qualifying relative caregiver to enroll a child in a Delaware public school without a court order. The caregiver must be at least 18, live in Delaware and in the school district, and the child must live with the caregiver because of a circumstance listed in the statute. The completed form must be notarized and signed by the caregiver; parents, legal custodians, or guardians also sign it unless the caregiver makes reasonable efforts to locate them and cannot. If required verification documents cannot be obtained, the statute requires a date-stamped custody or guardianship petition within 10 business days of enrollment, though the school district may allow more time.
For medical consent: The Relative Caregivers' Medical Authorization Affidavit under Title 13 § 708 allows a caregiver who is at least 18 and lives with the child to consent to treatment. The form needs parent, custodian, or guardian approval, or a statement of reasonable efforts to locate an unavailable one; the caregiver's signature must be notarized. A parent, custodian, or guardian's decision supersedes the caregiver's. The affidavit is presented to the healthcare provider.
For benefit applications: The ASSIST portal accepts applications from non-parent relative caregivers. Proof of relationship (birth certificates showing the family connection) and proof of the child's residence (school records, medical records, utility bills) serve as documentation. A court order is not listed as a requirement for child-only TANF, SNAP, Medicaid, or the Kinship Care Program.
The guide walks through each of these, including where to obtain the affidavit forms and what supporting documents to prepare.
Who This Is For
- Grandparents, aunts, uncles, older siblings, and family friends raising a child through a family agreement — no court order, no DFS case
- Caregivers who have been told (incorrectly) that they need a custody order or guardianship to access benefits, enrol the child in school, or take them to a doctor
- Relatives who are afraid to apply for benefits because they worry it will trigger a child protective services investigation (it does not — benefit applications are processed through DSS, not DFS)
- Caregivers within the first 180 days of a placement who may qualify for the Kinship Care Program's transition funds and need to act before the window closes
Who This Is NOT For
- Relatives caring for a child in DFS custody — a caseworker can explain placement support; guardianship subsidies are rare and case-specific
- Caregivers facing a custody dispute — you need legal advice or representation; CLASI handles certain DFS and domestic-violence matters, while other cases may need a different provider
- Relatives who have already obtained a court guardianship order — ask DFS whether any assistance is available in your case; guardianship subsidies are rare and case-specific
The Tradeoffs of Staying Informal
An informal arrangement has real advantages: no court fees, no attorney costs, no adversarial legal process, and no risk of damaging the family relationship further through a custody battle. It also preserves the biological parent's rights, which matters when the plan is for the parent to eventually resume care.
The tradeoff is that informal caregivers do not receive DFS foster-care stipends while the child is outside DFS custody, and guardianship subsidies are rare. If the biological parent becomes hostile or the caregiver needs formal legal authority for interstate travel, military enrollment, or certain insurance policies, a court order may eventually become necessary.
The guide explains both sides of this calculation so caregivers can make an informed decision about whether and when to pursue formal legal status, while immediately accessing every programme available under the informal arrangement.
Frequently Asked Questions
Can an informal kinship caregiver really get child-only TANF in Delaware?
Yes. Delaware's child-only TANF regulations apply to non-parent relative caregivers regardless of whether they have a court order. The key eligibility factors are that the child lives with a non-parent relative, that the relative is applying solely for the child, and that the child meets the programme's standard of need. The caregiver's own income is excluded from the determination.
Will applying for the child's benefits cause DFS to get involved?
No. Applying for benefits through the Division of Social Services is a separate process from the Division of Family Services' child welfare functions. DSS processes benefit applications. DFS handles child protective investigations and formal foster care placements. Filing a TANF or SNAP application does not trigger a DFS investigation.
What if the school refuses to accept the caregiver affidavit?
The Caregivers School Authorization is a statutory instrument under Delaware Title 14. A school district must honor an Authorization that complies with § 202(f). If the district decides it does not comply, the caregiver may appeal that decision to the local board of education.
Do I need the biological parent's signature?
For the School Authorization Affidavit, the requirements are set by the statute. For medical consent, the Medical Authorization Affidavit has specific conditions regarding parent or guardian approval or reasonable-effort documentation. The guide explains both instruments and the circumstances under which each applies. For benefit applications through ASSIST, the biological parent's signature is not required for a non-parent relative to apply for child-only TANF.
What if the child's parent comes back and wants the child?
An informal arrangement does not give the caregiver legal authority to prevent a biological parent from taking the child back. If the parent resumes care, the benefits applied for on the child's behalf would need to be transferred or discontinued. If the caregiver has concerns about the child's safety, they should contact the Division of Family Services' child abuse hotline at 1-800-292-9582. For caregivers who want legal protection against an unsafe parent reclaiming the child, a guardianship petition through Family Court may be appropriate. CLASI's family representation services cover low-income parents facing DFS intervention and certain domestic-violence matters; it does not represent every private guardianship case.
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