Delaware Caregiver Affidavit When a Parent Won't Sign or Can't Be Found

The Parent Signature Isn't Always Required

Delaware's Relative Caregivers' School Authorization Affidavit includes a section for the parent, legal custodian, or guardian to sign, approving the transfer of educational authority. When one is available and willing, that signature gets notarized and the process is straightforward.

But the entire point of the affidavit system is that children often come to live with relatives because a parent is struggling — with addiction, incarceration, illness, or simply being gone. Delaware law accounts for this. If, after reasonable effort, the parent, legal custodian, or guardian cannot be located, you can submit the affidavit with the search steps required by the form.

When the Parent Can't Be Found

If the parent, legal custodian, or guardian cannot be located, you must document your search efforts. The current form requires Section A and one of its additional options:

Required Section A: Send a certified notice to the parent's, custodian's, or guardian's last known address stating that you intend to take educational responsibility for the child. Attach the notice and the certified-mail return receipt showing that it was not deliverable because the person was not at that location.

Then complete one of these form options:

• Option B: Visit the last known address and describe what you found, whom you spoke with, that person's relationship to the parent, and what they said.
• Option C: Contact a social service agency, the parent's place of employment, health care provider, or friends. Include names and responses; the regulation also requires a signed written statement from the person contacted confirming that the parent's location is unknown.
• Option D: Place a notice in both the News Journal and the Delaware State News. Eight days after publication, describe the response or lack of response and attach a copy showing the publication date.
• Option E: Attach other documents or confirmations showing that the parent, custodian, or guardian cannot be found.

When the Parent Refuses

Here's the critical distinction: the no-signature alternative applies when a parent, custodian, or guardian cannot be located after reasonable effort. If one is located and refuses to sign, the alternative does not replace the required approval signature. A Family Court guardianship is not automatic: the court needs the parent's consent or evidence that the child is dependent, neglected, or abused and that guardianship is in the child's best interests.

For enrollment, ask the district whether it will approve other suitable residency documentation under 14 Del. C. § 202(e)(2)(b). For court-backed authority, you may pursue guardianship under 13 Del. C. Chapter 23, subject to the court's statutory requirements.

Special Circumstances for Getting Signatures

Incarcerated parent: Correctional facilities have institutional staff or counselors who can facilitate notarization. Send the affidavit documents to the prison and work with the facility's social services department to arrange the parent's signature and notarization.

Parent in residential treatment: If the parent is in a substance abuse or mental health treatment facility, the facility's social worker or patient advocate can typically arrange for an on-site notary.

Deceased parent: Leave the parental signature section blank. Attach a certified copy of the parent's death certificate to the affidavit. Never sign a deceased parent's name. The affidavit is sworn, and knowingly false statements can bring civil penalties or criminal prosecution.

Out-of-state parent: A parent in another state may be able to sign remotely before a notarial officer located in Delaware who is authorized to perform remote notarizations. Delaware law requires simultaneous audio-video communication and permits identity verification by personal knowledge, a credible witness, or at least two types of identity proofing. Confirm with the notary that they can notarize this affidavit.

Getting the Affidavit Notarized

Both DSAAPD affidavits require your signature to be notarized. Free notary services are commonly available at:

• School district central registration offices
• Delaware state service centers
• Public libraries
• Banks and credit unions

The medical affidavit (13 Del. C. § 708) requires approval from a parent, legal custodian, or guardian, or documented reasonable effort to locate them if unavailable.

Putting It All Together

The absent-parent procedures can feel overwhelming when you're already managing a sudden caregiving situation. Our School and Medical Consent Guide for Delaware Relatives includes printable contact logs, certified-mail tracking sheets, and a step-by-step checklist for documenting your search efforts in the format the school district expects.

See more Delaware guides →