Maryland Kinship Care Hardship Requirements: The Six Qualifying Grounds
Maryland's informal kinship care affidavits are not available to every relative taking care of a child. Both the school enrollment affidavit (Education § 7-101(c)) and the health consent affidavit (Health-General § 20-105) require the living arrangement to result from one of six specific serious family hardships. If the situation does not fit one of these categories, the statutory affidavit cannot be used.
The Six Qualifying Hardships
1. Death of a parent or legal guardian. The parent has passed away and the child needs a home. Schools may request a death certificate as supporting evidence.
2. Serious illness of a parent or legal guardian. The parent is physically or mentally unable to care for the child because of a severe medical condition. A doctor's letter or medical facility verification may be requested.
3. Drug addiction of a parent or legal guardian. The parent's drug addiction is a listed serious family hardship. Schools may request treatment facility verification or a social worker's statement.
4. Incarceration of a parent or legal guardian. The parent is in jail or prison and cannot provide daily care. Incarceration records or a verification letter from the facility may be requested.
5. Abandonment by a parent or legal guardian. This is a listed serious family hardship. The affidavit is sworn under penalties of perjury, and a school district may request supporting documentation.
6. Active military duty assignment. The parent is deployed or on active duty orders that prevent them from providing daily care. Deployment orders or a military service verification letter may be requested.
What Does Not Qualify
The affidavit cannot be used when:
- A parent voluntarily sends the child to stay with you during a vacation or business trip
- The goal is to enroll the child in a preferred school district rather than because of a genuine hardship
- The parent simply prefers that you raise the child but is capable of doing so themselves
- The disagreement is between two living, capable parents about where the child should go to school — that is a custody dispute, not a kinship care hardship
Using the affidavit without a genuine qualifying hardship is a false statement under penalties of perjury. If a school district determines that the affidavit was filed to gain access to a specific school zone rather than because of a real hardship, enrollment will be revoked and retroactive tuition may be billed.
How Schools Verify Hardship
The affidavit must be signed under penalties of perjury in the physical presence of a commissioned notary public. Local superintendents are authorized to request supporting documentation. Common evidence by hardship type:
| Hardship | Typical supporting evidence |
|---|---|
| Death | Death certificate |
| Serious illness | Doctor's letter, hospital admission records |
| Drug addiction | Treatment facility verification, social worker statement |
| Incarceration | Facility verification letter, court records |
| Abandonment | Sworn statement, records of contact attempts |
| Military deployment | Deployment orders, military verification letter |
Critically, the school must enroll the child immediately upon receiving the sworn affidavit — even while hardship documentation is still being gathered. The district cannot keep the child out of school during a verification period.
For a complete guide to the hardship requirements, evidence preparation, and a hardship evidence verification checklist, see our Maryland School and Medical Consent Guide.
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