Kinship Care Tennessee: A Guide for Grandparents and Relatives Raising a Child

Roughly one in every eleven children in the United States is raised by someone other than a parent at some point. In Tennessee, the reasons are painfully familiar — a parent's addiction, incarceration, mental health crisis, or death — and the transition almost always happens fast, with no legal groundwork in place.

If you are a grandparent, aunt, uncle, sibling or family friend who has suddenly become responsible for a child in Tennessee, here is what the state actually provides and where to start.

The Legal Framework for Kinship Caregivers

Tennessee does not require a court order for a relative to care for a child day-to-day. The state provides a Power of Attorney for Care of a Minor Child under T.C.A. § 34-6-301 that lets a parent delegate school, medical and daily-care authority to any competent adult residing in Tennessee. The parent signs it, you sign it, a notary or two witnesses make it official, and you can enroll the child in school and take them to the doctor.

This POA does not transfer custody. It does not alter the parent's legal rights. And it can be revoked by the parent in writing at any time.

When no parent or legal guardian with authority can execute the POA, or a required parent refuses and no statutory exception applies, the POA path is closed, and you need to look at a court filing for temporary custody or guardianship. If one parent can sign but the other parent with legal custody will not, the signing parent may use the certified-mail notice process under T.C.A. § 34-6-303.

What You Can Do Without a Court Order

With a properly executed T.C.A. § 34-6-301 Power of Attorney, you can:

• Enroll the child in your local school district
• Consent to routine medical, dental and mental health care
• Access the child's school records and attend parent-teacher conferences
• Sign field trip forms, sports waivers and childcare paperwork
• Apply for TennCare (Medicaid) and CoverKids health insurance for the child
• Apply for a Families First Child-Only cash grant
• Access the Relative Caregiver Program's core support services

What a POA Alone Cannot Do

Some things informal paperwork cannot accomplish without direct parental consent or court authority:

• Applying for a U.S. passport for the child: the POA is not enough; federal rules require written consent from both biological parents or a certified court order granting sole custody or legal guardianship to the applicant
• Signing a driver's license application for a teen: Tennessee requires a biological parent or court-appointed legal guardian to sign for a minor under 18; the POA alone does not satisfy this requirement
• Receiving the monthly RCP cash stipend
• Overriding a parent who revokes the POA
• Making decisions when both parents are deceased or permanently absent

For these situations, a formal guardianship or custody petition through the courts is the path forward.

State Programs for Tennessee Kinship Families

Relative Caregiver Program (RCP): Support groups, case management, respite care and emergency financial help through DCS-contracted agencies in all 95 counties. Call the DCS Kinship Helpline at 1-833-984-1498.

TennCare and CoverKids: Health, dental, vision and mental health coverage for the child. Apply at tenncareconnect.tn.gov — eligibility is based on the child's income, not yours.

Families First Child-Only Grant: Monthly TANF cash benefit for the child's basic needs. Apply at onedhs.tn.gov — again, child-only income test.

Free school meals: Children in households receiving SNAP or TANF automatically qualify through direct certification.

Free Legal Help

• Help4TN: 1-844-435-7472 — statewide legal helpline
• Legal Aid of East Tennessee: 1-800-572-7457
• Legal Aid Society of Middle Tennessee: 1-800-238-1443
• West Tennessee Legal Services: 1-800-372-8346
• Memphis Area Legal Services: 1-800-726-3397
• STEP (special education advocacy): 1-800-280-7837

Getting Started This Week

The first step is getting the paperwork in order. If the parent can sign, execute the T.C.A. § 34-6-301 Power of Attorney — the official DCS form is free from the Tennessee Department of Education website. If the parent cannot sign, call Help4TN to discuss your court options.

The Tennessee School and Medical Consent Guide walks through every form, every school district's requirements, and exactly what to say if a registrar or clinic pushes back.

See more Tennessee guides →