How Long Does a Delaware Caregiver Affidavit Last

School Affidavit Duration

The Relative Caregivers' School Authorization Affidavit has a validity window set by 14 Del. C. § 202(f), and it depends on when you file:

Filed before January 1: The affidavit covers the remainder of the current school year plus one additional school year. It expires on August 1 of the final covered year unless the district extends it. So if you file in September 2026, it expires August 1, 2028 unless extended.

Filed on or after January 1: The affidavit covers the remainder of the current school year plus two additional school years, also expiring on August 1 unless the district extends it. Filing in February 2026 would expire August 1, 2028 unless extended.

The timing incentive is clear — filing after January 1 gets you an extra year of coverage.

Medical Affidavit Duration

The Caregivers' Medical Authorization Affidavit under 13 Del. C. § 708 is simpler: it's valid for exactly one year from the date you execute it, regardless of when that falls. No calendar tricks, no filing-date math.

Automatic Termination

Both affidavits terminate immediately — before their stated expiration — if the child stops living with you. You don't need to file a revocation; the arrangement ending the living situation voids the affidavit automatically.

The school authorization may be cancelled at any time if the child stops living with you or upon written revocation by you, a parent, legal custodian, or guardian. The medical authorization remains valid for one year unless the child stops living with you or a parent, legal custodian, or guardian revokes the approval; the statute does not specify that this revocation must be in writing.

Renewal Process

Neither affidavit auto-renews. When your school affidavit approaches its August 1 expiration or your medical affidavit approaches its one-year anniversary, you need to execute a new one from scratch — fresh signatures, fresh notarization, and fresh supporting documents.

If a parent, legal custodian, or guardian who must approve the affidavit is available, they sign the new one. If they cannot be located after reasonable effort, you'll need to document the search steps required by the form, starting with certified mail and one additional option.

When Renewal Gets Difficult

The renewal cycle is where administrative affidavits sometimes show their limits. If the parent was cooperative the first time but has since disappeared, or if the parent refuses to sign a renewal, you're facing the absent-parent documentation process again every one to two years.

If you're looking at your second or third renewal with no parent available and the child's living arrangement has been stable for years, it may be worth considering whether formal guardianship through Family Court would give you more lasting authority. A guardianship order under 13 Del. C. Chapter 23 generally remains in effect until the child reaches the age of majority, unless the court ends or rescinds it earlier, without the cyclical renewal burden.

Planning Ahead

Mark the expiration dates on your calendar as soon as you file. Unless the district extends the school authorization, its August 1 expiration means summer is when you need to gather fresh documents and visit the notary — waiting until school starts in September means the child technically has a gap in authorization.

Our School and Medical Consent Guide for Delaware Relatives includes a renewal timeline tracker that flags when each document expires and what you'll need to prepare for the next filing.

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