$0 North Carolina Guardianship Filing Checklist

NC Kinship Navigator, DSS Relative Placement, and CPS Kinship Care

When a child cannot stay with their parents in North Carolina, DSS looks to family first. But the process of becoming a formally recognized kinship caregiver through the child welfare system works differently than filing for guardianship or custody on your own. Understanding which track you are on — and what each state program actually offers — prevents confusion that costs weeks.

The NC Kinship Navigator Program

The North Carolina Kinship Navigator program, administered through NCDHHS, connects kinship caregivers to community resources and support services. It serves both formal kinship foster parents (those licensed through DSS) and informal caregivers (relatives raising children without DSS involvement).

What the Kinship Navigator provides:

  • Information and referrals — connecting you to local agencies, support groups, financial assistance programs, and legal resources
  • Guidance on available benefits — TANF child-only grants, Medicaid, SNAP, and subsidized child care
  • Peer support connections — linking you with other kinship caregivers in your area

What the Kinship Navigator does not provide:

  • Legal advice or court filing assistance
  • Financial payments or subsidies directly
  • Case management or caseworker services for private caregivers
  • Help drafting custody complaints or guardianship petitions

The Navigator is a referral hub, not a service provider. It points you in the right direction but does not walk alongside you through the court process.

DSS Relative Placement Through Child Protective Services

When DSS receives a report of child abuse, neglect, or dependency and removes a child from the home, federal and state law require the agency to consider placement with relatives before placing the child in a non-relative foster home.

The relative placement process typically unfolds like this:

  1. CPS investigation. DSS investigates the report and determines whether the child needs to be removed from the home for safety.
  2. Relative search. If removal occurs, DSS contacts known relatives — grandparents, aunts, uncles, adult siblings — to assess willingness and ability to take the child.
  3. Background screening and home study. Criminal history checks, DSS abuse and neglect registry screening, and a home study are part of the child welfare process. Ask the county DSS worker which household members and additional checks apply to the specific foster-care licensing review.
  4. Placement approval. DSS decides whether a relative can be approved for placement while any required licensing steps are completed. Ask the caseworker what approval status applies to your household.
  5. Foster care licensing. To receive foster care payments and become eligible for KinGAP (the Guardianship Assistance Program), the relative must complete the foster parent licensing process.

During this entire process, DSS retains legal custody of the child. The relative is caring for the child under DSS supervision, with a case plan, caseworker visits, and court reviews.

Private Caregiver vs. DSS Kinship Caregiver

The distinction matters for every benefit and support you might access:

DSS kinship caregiver (formal): You are a licensed foster parent or in the process of becoming one. DSS has legal custody. The placement may include foster care board payments, caseworker support, and court oversight. KinGAP may be available after a qualifying guardianship exit, and the child may qualify for Medicaid under applicable income rules.

Private kinship caregiver (informal): You are raising the child without DSS involvement. You filed for guardianship or custody on your own, or you are caring for the child with no court order at all. You receive no foster care payments, no KinGAP eligibility, and no DSS caseworker. You may apply for a child-only TANF grant, Medicaid under applicable income rules, and SNAP — but you navigate these systems yourself.

County DSS offices cannot assist private caregivers with court filings. Caseworkers are legally prohibited from providing legal advice or drafting court documents for private guardianship or custody actions.

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When CPS Is Already Involved

If DSS has an active Chapter 7B juvenile case involving the child, private court filings become more complicated. The juvenile court has exclusive jurisdiction over the child's placement while a Chapter 7B case is open. You cannot bypass the juvenile proceeding by filing a Chapter 35A guardianship application or Chapter 50 custody complaint in a separate court — those filings are subject to dismissal or stay until the juvenile case resolves.

If DSS has placed the child with you and you want to eventually gain permanent legal authority, the path usually runs through the juvenile court — DSS may change the permanency plan to guardianship, and you can become the court-appointed guardian through the Chapter 7B process rather than filing independently.

Navigating the System

Whether you are a formal DSS kinship caregiver or a private relative who needs legal authority, the starting point is understanding which system you are in and what each one offers. The Kinship Navigator can help identify available resources, but the court process — if you need one — is yours to manage.

The North Carolina Guardianship and Custody Court Process Guide covers both the private filing tracks (Chapter 35A and Chapter 50) and how DSS kinship placements interact with those pathways.

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