Grandparents Raising Grandchildren PA

Thousands of Pennsylvania grandparents are raising grandchildren right now — many without a custody order, without a plan, and without knowing what rights they actually have. The child arrived because a parent couldn't manage: addiction, incarceration, illness, deployment, or something the family doesn't talk about. And now you need the child in school, at the doctor, and covered by insurance, ideally before the week is out.

Pennsylvania has specific laws that let you handle all of this without going to court first.

Your rights as an informal kinship caregiver

Even without legal custody, Pennsylvania law gives grandparents and other relatives concrete tools:

School enrollment: Under Section 1302 of the Public School Code (24 P.S. § 13-1302), a child living continuously with a grandparent who supports the child gratis is entitled to attend the local public school. You sign the sworn statement yourself — no parent signature required, no court order needed. The district should normally allow attendance the next school day and must do so within five business days.

Medical consent: Under the Medical Consent Act (11 P.S. § 2513), a parent can sign a written authorization giving you the power to consent to the child's medical, dental, and mental health care. The parent must sign in the presence of two witnesses age 18 or older, and you must also sign as caregiver. This covers routine appointments, vaccinations, prescriptions, and outpatient therapy.

Special education decisions: Under IDEA (the federal Individuals with Disabilities Education Act), a relative acting in place of a parent has full authority to request evaluations, consent to IEPs, and participate in reevaluations. Pennsylvania recognizes grandparents, aunts, uncles, and other relatives in this role.

School meals: If your household receives SNAP, TANF, or certain Medical Assistance categories, the child may be directly certified for free school meals without a paper application. Many Pennsylvania schools also participate in the Community Eligibility Provision, which provides free meals to all students regardless of income.

Where informal caregiver authority has limits

Informal authority has boundaries:

• PennDOT: For an applicant under 18, the DL-180TD consent form must be signed by a parent, guardian, person in loco parentis, or spouse age 18 or older. If that adult cannot accompany the applicant, the form must be signed before a notary. Being a relative alone does not make you an authorized signer.
• Passports: For a child under 16, both legal parents or guardians generally must consent. A caregiver applying with the child must provide the Department of State's required parent or guardian consent documents or court documentation establishing the caregiver's legal authority; a school or medical authorization alone is not enough.
• Employer health insurance: Dependent eligibility depends on the plan's rules; informal kinship care alone may not qualify. Ask the plan administrator what documentation it accepts.
• Override a parent: If the parent is alive and reachable, they retain their parental rights. Your informal authority comes from their delegation, not from replacing them

Financial help available in Pennsylvania

Raising a grandchild on a fixed income is difficult. Pennsylvania has several programs that help:

• TANF child-only grant: Non-parent relatives can apply for a cash grant for the child through the County Assistance Office. Your income and assets are completely excluded from the eligibility calculation — only the child's income (if any) counts.
• CHIP: The Children's Health Insurance Program covers children under 19 who don't qualify for Medical Assistance. You don't need legal custody to apply.
• Medical Assistance (Medicaid): You can apply for coverage on the child's behalf without applying for benefits for yourself; the application still asks for household information and applies the program's income rules.
• SNAP: The child can be included in your household's food stamp budget.
• Respite care: Area Agencies on Aging run "Grandparents Raising Grandchildren" support programs, including respite care for older relative caregivers.

All benefit applications can be submitted through Pennsylvania's COMPASS online portal (compass.state.pa.us) or at your local County Assistance Office.

When to consider going to court

Informal paperwork handles daily life well, but certain situations push toward a court order:

• The parent is actively fighting you over the child's living situation
• No parent is available to sign medical consent or Act 88 temporary guardianship forms (both parents deceased, unlocatable, or refusing)
• Institutions repeatedly reject your informal documents despite the law being on your side
• Your insurance plan requires court authority to add the child, or you need to apply for a passport but cannot obtain the required parental consent or legal authority
• You want long-term legal permanence and stability for the child

Pennsylvania offers two court paths: custody through the Family Division (23 Pa.C.S. § 5321) and guardianship through the Orphans' Court (20 Pa.C.S. § 5111). Under Act 21 of 2018 (23 Pa.C.S. § 5324), an individual may have standing to seek custody by proving, with clear and convincing evidence, that they have assumed or are willing to assume responsibility, have a sustained, substantial, and sincere interest in the child's welfare, and neither parent has any form of care and control. This route does not apply if a dependency proceeding involving the child has begun or is ongoing, or a permanent legal custody order is in place.

First steps this week

1. Call KinConnector at 1-866-546-2111 — Pennsylvania's statewide kinship caregiver helpline connects you with local resources, support groups, and referrals
2. Gather proof of your residency (such as a lease, deed, or utility bill) and the child's birth certificate
3. Visit the school district office with a completed Section 1302 Sworn Statement
4. If the parent is available, get a Medical Consent Act authorization signed in front of two adult witnesses; notarization may help with provider acceptance
5. Apply for TANF child-only, CHIP, and SNAP through COMPASS

The Pennsylvania School and Medical Consent Guide puts the enrollment forms, medical consent process, benefit eligibility rules, and refusal escalation steps into one printable workbook, organized by what you need to do first.

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