Kinship Caregiver Rights in Kentucky

Raising someone else's child in Kentucky without a clear understanding of your legal standing creates problems at every agency window. What you can and cannot do depends on your care arrangement — informal, affidavit-based, or court-ordered — and the differences matter when you walk into DCBS, a school front office, or a doctor's office.

What You Can Do Without a Court Order

Kentucky law gives informal relative caregivers more authority than many realize — but less than a legal guardian. Here is what is available without going to court:

Apply for benefits. You can submit a K-TAP child-only application, SNAP application, and Medicaid/KCHIP application at your local DCBS office or through kynect.ky.gov. DCBS evaluates eligibility based on the child's circumstances, not your custody status. A court order is not required to apply for child-only cash assistance.

Enroll the child in school. Under KRS 158.144, a Caregiver's Authorization Affidavit allows you to enroll a child in public school without formal custody. The affidavit must be notarized and presented to the school district.

Consent to health care treatment. The affidavit under KRS 405.024 covers necessary medical and dental examinations, diagnostic procedures, treatment, hospitalization, mental health screening and treatment, immunizations, and therapies. It does not authorize pregnancy termination, pregnancy, HIV/AIDS, or controlled-substance testing, or testing that requires separate consent or a court order under other law.

The June 15, 2026 DCBS memo removed the agency's Caregiver's Authorization Affidavit form from the Protection and Permanency SOP and directs non-abuse relative-placement inquiries to the county attorney. KRS 405.024 remains the statutory authority for the affidavit.

Apply for CCAP childcare subsidies if you meet the work hours requirement (20 hours per week for a single caregiver). Children placed by DCBS child welfare bypass this requirement entirely.

Where Informal Authority Stops

Without a court order, you cannot:

• Override a biological parent's decision about the child — a parent may revoke the affidavit, and the parent's decision supersedes the caregiver's
• Consent to major surgery, psychotropic medication, or experimental treatment
• Claim de facto custodian standing in court (that requires a separate petition under KRS 403.270)
• Prevent a parent from reclaiming physical custody

This is the hard reality of informal caregiving: the arrangement works until it does not. If the parent's situation changes — they get out of treatment, they are released from incarceration — they can take the child back without a court proceeding.

Court-Ordered Custody and What It Changes

When you obtain legal custody or guardianship through a court order under KRS Chapter 387 or KRS Chapter 403, your authority expands significantly:

• Full medical consent for the child, including surgery and mental health treatment
• The parent cannot reclaim the child without petitioning the court
• You can apply for every benefit program — K-TAP, SNAP, Medicaid, CCAP — with full legal standing
• You may be eligible for KinGAP subsidized guardianship payments if the child was in foster care first

De facto custodian status under KRS 403.270 gives you equal standing to a biological parent in custody proceedings. To qualify, the child must have lived with you continuously for six months (if under three years old) or one year (if three or older), and you must have been the primary financial supporter.

Your Right to Appeal a Denial

If DCBS denies any benefit application, you have the right to a formal administrative fair hearing under 921 KAR 2:055 and KRS Chapter 13B. The deadline is 30 calendar days from the mail date on the official DCBS Notice of Action. For a reduction or termination of K-TAP or Medicaid, you may request continuation of existing cash and medical benefits if you appeal within 10 calendar days; if the adverse action is upheld, continued benefits may have to be repaid.

Legal aid offices may provide representation or assistance with a fair hearing, subject to their eligibility rules and available capacity — legal aid offices serve every county in the state.

Knowing Where You Stand

The difference between "I am raising this child" and "I have legal authority over this child" is the difference between an arrangement that depends on everyone cooperating and one that is enforceable. Understanding which rights you already have — and which require a court order — lets you make informed decisions about whether informal caregiving is enough for your situation.

The Financial Help for Grandparents and Relatives Raising a Child in Kentucky guide includes a side-by-side comparison of every legal arrangement and the exact benefits, consent authority, and limitations that come with each.

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