Kinship Caregiver Rights in Delaware

You Have Legal Options Without Going to Court

When a child lands in your home because a parent can't care for them — addiction, prison, death, illness — the immediate question is what authority you actually have. Delaware gives qualifying relatives a set of administrative rights through two statutory affidavits, no court required. You aren't legally invisible, even without a custody order.

Who Qualifies as a Kinship Caregiver Under Delaware Law

Both the school and medical affidavit statutes limit eligibility to adults (18+) related to the child by blood, marriage, or adoption. The list includes grandparents and step-grandparents, great-grandparents, aunts and uncles (including step and great), stepparents, siblings (including half and step), nieces, nephews, first cousins, and first cousins once removed.

If you're an aunt caring for a niece, a grandmother raising a grandchild, or an older sibling who has taken in a younger one — you qualify. A family friend, godparent, or neighbor cannot use these relative-caregiver affidavits; ask the district whether it will approve another suitable document showing the child's district residence, or consider Family Court guardianship for court-backed authority.

Your Educational Rights

The Relative Caregivers' School Authorization Affidavit under 14 Del. C. § 202(f) gives you the right to:

• Enroll the child in your local public school district without a custody order
• Access the child's educational records under FERPA
• Attend and participate in IEP meetings for special education services
• Act as the contact for truancy, discipline, and school communications
• Consent to school-administered health services; minor enrollment in a School-Based Health Center follows separate requirements

Under the federal IDEA definition, a relative acting in place of a parent and living with the child can serve as the child's "parent" for special education purposes.

Your Medical Rights

The Caregivers' Medical Authorization Affidavit under 13 Del. C. §§ 707–708 gives you the right to consent to:

• Routine medical exams and well-child visits
• Immunizations and preventive care
• Dental and vision care
• Emergency treatment
• Prescription medications, except psychotropic drugs, which require consent from a parent, legal custodian, or guardian
• Outpatient mental health screening and treatment
• School-Based Health Center services

Under HIPAA, a person authorized by state law to make a health care decision can be the child's personal representative for information relevant to that authority. The medical affidavit may let you access records related to the decisions it authorizes, but it does not provide unrestricted access to every record; other state-law limits and exceptions still apply.

What You Don't Get Without a Court Order

The affidavits have real limits, and understanding them matters:

• No custody protection. These affidavits do not give you legal custody. If a parent retains custody, the affidavit itself does not prevent the parent from seeking the child's return; any custody or guardianship order still controls.
• Parent decisions. A parent, legal custodian, or guardian can supersede a medical decision made under the medical affidavit. For school decisions, the caregiver acts in place of the parent while the school authorization is valid; the caregiver, parent, legal custodian, or guardian can cancel it by written revocation.
• No automatic passport authority. For a U.S. passport applicant under 16, both parents or guardians generally must appear or give consent unless an exception applies. The caregiver affidavit alone does not provide passport authority.
• No automatic DMV sponsorship. The DMV's Preference 3 is for a legal guardian or court-appointed custodian. A relative with only an affidavit would need separate approval as a suitable person under Preference 4.
• Limited medical scope. The statute excludes HIV/AIDS testing, controlled-substance testing, and other testing for which a separate court order or legally required informed consent is needed.

Financial Rights for Kinship Caregivers

While the affidavits address school and medical authority, Delaware also offers financial support. Relative caregivers can apply for Child-Only TANF (where the caregiver's income doesn't count toward the child's eligibility), Medicaid or the Delaware Healthy Children Program for the child's health coverage, SNAP benefits, and free or reduced-price school meals.

These programs are separate from the affidavits — you can apply regardless of whether you've filed the school or medical forms.

When Your Rights Aren't Enough

Family Court guardianship under 13 Del. C. Chapter 23 is a separate, longer-term court order. The court generally needs the parent's consent or evidence that the child is dependent, neglected, or abused and that guardianship is in the child's best interests. A guardianship order can be modified or rescinded by the court and generally ends when the child reaches the age of majority.

Our School and Medical Consent Guide for Delaware Relatives covers the full scope of your rights under both affidavits, including the signals that indicate when it's time to transition from administrative paperwork to court.

See more Delaware guides →