Delaware Informal Kinship Care Without a Court Order

One of the biggest myths in Delaware kinship care is that you need a court order before you can do anything — enroll the child in school, take them to the doctor, or apply for financial help. That myth keeps thousands of relative caregivers from accessing programs the child is entitled to, sometimes for months or even years.

You Don't Need a Court Order for Most Benefits

Delaware law allows non-parent relatives acting in loco parentis — exercising day-to-day care, custody, and control — to access the core public assistance programs without any formal court involvement:

• TANF child-only grants: A grandparent or other qualifying relative can apply for monthly cash assistance for the child. No guardianship order required. Physical care and control in your home is enough.
• Medicaid/CHIP: The child's eligibility follows income and household-composition rules, so a relative caregiver's income is not automatically excluded. No court order is required to apply.
• SNAP: The full household is evaluated, but there is no requirement for legal custody to include the child in your SNAP household.
• Kinship Care Program: The 180-day emergency transition program requires a relative relationship, income eligibility, and that you have guardianship or are actively pursuing it. A court order need not already be in place.

School Enrollment Without Custody

Delaware law under 14 Del. C. § 202(f)(1) allows a qualifying relative caregiver without legal custody or guardianship to use a notarized Caregivers School Authorization to enroll a child in public school and make school-based educational, special-education, and medical decisions. The placement must fit one of the circumstances listed in the statute, and the other statutory requirements must be met. You need two different documents: one proving your relationship to the child and one showing that you are the caregiver. The state form lists medical records and housing records that identify the child and relationship, along with other examples.

If you cannot locate a parent after reasonable effort, the authorization allows you to include a statement describing those efforts instead of that parent's signature.

What Informal Care Cannot Do

There are limits. Without a court order of guardianship or legal custody, you cannot:

• Receive a DSCYF guardianship subsidy unless Family Court finds the statutory grounds and the child was in DSCYF custody for at least one year; DSCYF decides whether to award it and sets its amount and duration
• Override a biological parent's legal decisions about the child if they contest your authority
• Make certain major medical decisions outside the scope of the school/medical affidavits

For many kinship families, informal care works well for years. The child gets benefits, goes to school, and sees the doctor — all without court involvement. A court order becomes necessary only if you need to establish permanent legal authority, if the biological parent disputes your care arrangement, or if you want to access guardianship-specific programs.

The Practical First Steps

If a child has just moved into your home and you have no court papers:

1. Apply for TANF child-only, SNAP, and Medicaid through the ASSIST portal or a State Service Center
2. Complete the Caregiver's School Authorization Affidavit to enroll the child in school
3. If the child arrived within the last 180 days, your income is below 200% FPL, and you have guardianship or are actively pursuing it, apply for the Kinship Care Program's emergency transition funds

The Delaware Financial Help for Kinship Caregivers guide explains exactly what you can and cannot do without a court order, and includes the document checklists for each application.

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