Best Tennessee Kinship Benefits for Grandparents Who Don't Have a Custody Order
If you are a grandparent raising a grandchild in Tennessee without a court custody order, you can still access the majority of the state's kinship benefit programmes. The cash grant through Families First, health coverage through TennCare and CoverKids, SNAP food benefits, WIC, childcare assistance, and the support services of the DCS Relative Caregiver Program are all available without a custody order. Some work with just a Power of Attorney. Some work with no legal paperwork at all.
The one thing you cannot get without a court order is the DCS Relative Caregiver Program monthly stipend. Everything else on this list is within reach.
What You Can Get Without a Court Order
| Programme | Informal Care (no paperwork) | Power of Attorney | What It Provides |
|---|---|---|---|
| Families First child-only grant | Yes | Yes | Monthly cash for the child (caregiver income excluded) |
| TennCare / CoverKids | Yes | Yes | Full health coverage for the child |
| SNAP | Yes | Yes | Monthly food assistance on an EBT card |
| WIC | Yes | Yes | Supplemental food for children under 5 |
| ARCO childcare | Yes (with FF case) | Yes (with FF case) | Subsidised childcare if you work/study 30+ hrs/week |
| RCP support services | Yes | Yes | Case management, support groups, emergency financial help |
| Title III-E respite (age 55+) | Yes | Yes | Respite care, support groups through Area Agency on Aging |
What a Court Order Adds
| Programme | Court Custody Order Required | What It Provides |
|---|---|---|
| RCP monthly stipend | Yes | 50% of foster care board rate; income must be at or below 200% FPL |
| Subsidised Permanent Guardianship | Yes (child must also have been in DCS foster care) | Payments comparable to foster care rates; eligible youth exiting to SPG at age 16 or older may receive extended payments to age 21 |
The monthly RCP stipend is the main programme that requires a court order. The caregiver must be at least 21, have household income at or below 200 per cent of the federal poverty level, and agree to seek child support establishment and enforcement through the state IV-D agency. Some regional RCP contractors maintain waitlists even after a custody order is obtained.
Subsidised Permanent Guardianship is more restrictive — it requires not just a court order but that the child was previously in formal DCS foster care custody. Most grandparents in informal arrangements do not qualify for SPG.
The Programmes You Should Apply for First
If you have no court order and no Power of Attorney — just an informal arrangement where the child is living with you — start here:
1. Families First Child-Only Grant. This is the most underused programme for kinship caregivers in Tennessee. Apply through the ONE DHS portal or your local TDHS county office. In a child-only case, your income is completely excluded. It does not matter if you earn $1,500 a month or $5,000 a month — the grant looks only at the child's own income, which is usually zero. No work requirement. No time limit.
Most grandparents never apply because the ONE DHS portal's income questions make it look like their income will count. It will not, as long as you apply for a child-only case.
2. TennCare or CoverKids for the child. Apply through TennCare Connect. The child's TennCare Medicaid eligibility is assessed separately under age-based income limits; CoverKids covers eligible children with household income up to 250 per cent FPL. A caregiver's income above the adult TennCare limit (roughly 105 per cent FPL) does not by itself disqualify the child.
3. SNAP. Same TDHS office or portal. Tennessee counts household income and enforces a $2,000 asset test. This is the one programme where your income matters. But a two-person household (you and the child) with gross income at or below 130 per cent FPL ($2,298 a month in FY2026) meets the gross income test.
4. DCS Relative Caregiver Program support services. Call the statewide RCP line at 833-984-1498 or contact your regional contractor. You can access case management and support groups without any legal paperwork. Emergency one-time financial aid has separate rules: household income must be at or below 200 per cent FPL, and the family cannot be receiving another state kinship payment or subsidy. The support services side of RCP does not require a court order.
5. WIC. If the child is under five, apply at your local WIC clinic. Household income must be at or below 185 per cent FPL, and eligibility also depends on nutritional risk. Children receiving SNAP, Families First, or TennCare Medicaid are adjunctively eligible for the income test.
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Should You Get a Power of Attorney?
A Tennessee Power of Attorney for Care of a Minor Child (T.C.A. § 34-6-301) is free, does not require a lawyer, and gives you authority for school enrolment and medical decisions. The parent signs the form and it must be notarized. It does not transfer custody. The parent can revoke it at any time.
For benefit purposes, a POA does not unlock any additional programmes beyond what informal care provides — Families First, TennCare, SNAP, and RCP support services all work without one. Where a POA helps is at the school and the doctor's office: without it, a school district can refuse to enrol the child, and a paediatrician can refuse non-emergency treatment.
If the parent is willing and able to sign, get the POA. It costs nothing, takes an afternoon, and makes everything with schools and medical providers straightforward. If the parent is incarcerated, in rehab, or unreachable, call HELP4TN (1-866-836-5726) for advice on alternatives.
Should You File for Custody?
This is a bigger decision, and it is one the guide does not advise you on — it is a legal question that depends on your family's circumstances. What the guide can tell you is what a custody order changes on the benefits side:
What you gain: the RCP monthly stipend (50 per cent of the foster care board rate), a recurring payment available to eligible caregivers outside the DCS foster-care-to-guardianship pathway. You also gain stronger legal standing for the child's school, medical, and travel decisions.
What it costs: filing fees (typically $200 to $350 in Tennessee), attorney fees if you use one ($2,500 to $5,000 for a retainer), and the emotional weight of a court process. If the parent contests the petition, the case becomes significantly more complex and expensive.
What it does not change: your eligibility for Families First child-only, TennCare, SNAP, WIC, ARCO childcare, or RCP support services. Those programmes work the same with or without a custody order.
If the RCP stipend is the primary reason you are considering custody, calculate whether the stipend amount — 50 per cent of the foster care board rate for the child's age — justifies the filing costs and the emotional process. For some families, the maths works clearly. For others, the programmes that do not require a court order already cover the child's most immediate needs.
Contact HELP4TN (1-866-836-5726) to talk through your specific situation before deciding. They provide free legal guidance and can tell you whether your circumstances make custody advisable.
Who This Is For
- Grandparents raising a grandchild informally — no court order, possibly no Power of Attorney — who want to know what the child qualifies for right now
- Relatives who were told by a caseworker or a website that they need a custody order before the child can receive benefits (that is not true for most programmes)
- Caregivers weighing whether the benefits a court order adds are worth the cost and process of going to court
- Social workers or family friends helping a grandparent understand the benefits available without legal proceedings
Who This Is NOT For
- Anyone who needs legal advice on whether to file for custody — call HELP4TN (1-866-836-5726)
- Anyone whose situation involves DCS removing a child and placing them with a relative — the DCS caseworker should be coordinating benefits
- Anyone outside Tennessee — these programmes are state-specific
- Anyone looking for Social Security or tax credit guidance — those are separate federal processes
Frequently Asked Questions
Can a grandchild get Families First if I don't have custody?
Yes. Families First child-only grants do not require a custody order. You can apply with informal care (the child living with you) or with a Power of Attorney. Your income is excluded in a child-only case — only the child's income matters, and it is usually zero.
Can I get the child on TennCare without a custody order?
Yes. Apply through TennCare Connect. The child's TennCare Medicaid eligibility is assessed separately under age-based income limits; CoverKids covers eligible children with household income up to 250 per cent FPL. A custody order is not required.
What is the one thing I cannot get without a custody order?
The DCS Relative Caregiver Program monthly stipend. This is the only recurring cash payment among Tennessee's kinship programmes that requires a court order awarding custody. The support services side of RCP (case management, support groups, emergency financial help) does not require a court order.
How much is the RCP monthly stipend worth?
The stipend is set at 50 per cent of the standard foster care board rate for the child's age group. Rates vary by age and are adjusted periodically. Contact your regional RCP contractor or call 833-984-1498 for the current rate.
Do I need a Power of Attorney to apply for SNAP?
No. SNAP eligibility is based on household income and assets. You can apply regardless of your legal relationship to the child, as long as the child lives in your household. A POA is not required.
What if a school refuses to enrol the child without legal paperwork?
A Power of Attorney for Care of a Minor Child (T.C.A. § 34-6-301) is the standard solution. The form is free, does not require a lawyer, and satisfies school enrolment requirements. If you cannot get one because the parent is unreachable, Tennessee's McKinney-Vento Act protections may apply if the child's housing situation qualifies. Call HELP4TN for advice. The Tennessee Kinship Financial Help Guide explains each option.
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