Sibling or Family Friend Raising a Child in Pennsylvania: School and Medical Consent

You Don't Have to Be a Grandparent

Most of the kinship caregiver guidance you'll find online focuses on grandparents. But in Pennsylvania, older siblings, adult cousins, family friends, and godparents take in children just as often — and the rules for school enrollment and medical consent apply to you too, sometimes with a few differences.

Pennsylvania's two core consent instruments — the Section 1302 sworn statement for school and the Medical Consent Act authorization for healthcare — don't limit eligibility to blood relatives. Understanding how each one works for non-grandparent caregivers saves time and frustration.

School Enrollment: Section 1302 Works for Everyone

The Section 1302 sworn statement (24 P.S. § 13-1302) is the school enrollment tool for children living with someone who isn't their parent. It requires three things: you live in the school district, the child lives with you, and you support the child gratis — without compensation.

The statute says "resident of the district" — not grandparent, not relative. An older sibling, a family friend, or a godparent who meets the residency and gratis requirements can file a 1302 sworn statement and enroll the child. The school district cannot refuse enrollment solely because you're not a blood relative.

The gratis requirement is the same for everyone: you support the child without receiving financial compensation specifically for their room and board. TANF child-only grants, CHIP, and other child-specific public benefits don't violate the gratis standard — those payments support the child, not compensate you for housing them.

Medical Consent: An Authorized Adult Must Still Sign

Section 3 of the Medical Consent Act (Act 52 of 1999) authorizes a parent, legal guardian, or legal custodian to delegate medical consent to an adult relative or family friend. An older sibling, close family friend, or godparent can be named as the authorized caregiver. The written authorization must be signed in the presence of two witnesses age 18 or older; the adult caregiver cannot be one of those witnesses and must also sign.

The key requirement is that a parent, legal guardian, or legal custodian with authority must sign the authorization. You can't create this document yourself. The delegating adult signs in front of two witnesses age 18 or older, and you also sign the written authorization naming you as the person authorized to consent to the stated healthcare categories for the child.

If no parent, legal guardian, or legal custodian with authority is available to sign — for example, because the parent is unlocatable, incarcerated and not cooperating, or deceased — a family friend or non-relative has no statutory shortcut to medical consent without a court order. Blood relatives and non-relatives are in the same position here: informal medical delegation requires an authorized adult to sign.

Where Non-Relatives Face Extra Hurdles

Custody standing. If you eventually need to pursue formal custody, Act 21 of 2018 amended 23 Pa.C.S. § 5324 to add a route for non-parents — including non-relatives — who prove by clear and convincing evidence that neither parent has any form of care or control, they have assumed or are willing to assume responsibility, and they have a sustained, substantial, and sincere interest in the child's welfare. Non-relatives can file for custody, but the burden of proof is higher than for grandparents who may qualify separately under § 5324(3).

TANF child-only assistance. Pennsylvania cash assistance for a child living with a caretaker uses a "specified relative" rule. The state includes blood relatives within the fifth degree, adoptive parents and their blood or adoptive relatives within that degree, and a stepparent or stepsibling. An unrelated family friend or godparent does not meet this specified-relative criterion; ask the county assistance office whether another eligibility route applies.

KinConnector services. Pennsylvania's KinConnector helpline (1-866-546-2111) serves both relative and non-relative caregivers. Don't let the "kinship" label deter you — they navigate benefits, legal aid referrals, and support groups for anyone raising someone else's child.

Older Siblings: A Common but Overlooked Scenario

An adult sibling — an 18- or 19-year-old taking care of younger brothers or sisters — faces the same legal framework as any other non-parent caregiver. You can file a 1302 sworn statement, and a parent, legal guardian, or legal custodian can sign a Medical Consent Act authorization naming you. You may qualify as an IDEA parent under 34 C.F.R. § 300.30 if the child lives with you and you are acting in place of the parent; if more than one person qualifies, IDEA generally presumes the biological or adoptive parent unless that person lacks legal authority or a court order identifies another decision-maker.

The practical challenge is documenting residency and gratis support when you're young, possibly still in school yourself, and may not have a lease or utility bill in your name. A landlord letter and mail addressed to you at that address may help substantiate residency; ask the district what supporting information it accepts under its enrollment policy.

Sorting Out Your Documents

Whether you're a sibling, a family friend, or a godparent, the paperwork requirements are the same — the documents just need to be filled out correctly for your specific situation. The Pennsylvania consent guide covers the enrollment and medical consent process for every type of caregiver, including the places where non-relatives need to handle things differently.

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