South Carolina Caregiver Affidavit School Enrollment

What the Caregiver Affidavit Actually Is

The South Carolina caregiver affidavit is a notarized, sworn statement that allows a non-parent adult to enroll a child in public school without a custody order. It's authorized under S.C. Code §§ 59-63-31 and 59-63-32 and functions as the legal bridge between "this child lives with me" and "this child can attend school in my district."

It is not a custody document. It doesn't change anyone's parental rights. It's an enrollment instrument — and once you submit it, the school district must admit the child immediately under § 59-63-32(C), even before they've verified residency or received records from the previous school.

Filling Out the Affidavit

The affidavit requires four things:

1. A statement that the child lives with you full-time in the school district. Part-time or weekend arrangements don't qualify.
2. The specific qualifying circumstance. You must select one of the six statutory grounds: the parent's serious illness, incarceration, death, relinquishment of complete control, severe financial/mental/physical hardship, or military deployment.
3. Confirmation that the enrollment isn't a school-shopping maneuver. You're affirming the child genuinely lives with you, not that you're claiming an address to access a particular school.
4. Your notarized signature. The affidavit must be signed before a notary public. Many banks, UPS stores, and county libraries offer notary services, often under $15.

Some districts (Charleston County, Greenville County) have their own version of the form. Others use a generic state template. Either way, the statutory requirements are the same — the district can add its own procedural steps, but it cannot require more than the statute demands.

The Penalty for False Statements

This is a real sworn statement with real consequences. Under § 59-63-32(E), willfully providing false information is a misdemeanor. A conviction means paying tuition reimbursement to the school district at the per-pupil cost of instruction — which in South Carolina runs in the thousands per year — plus potential fines up to $200 and up to 30 days in jail.

The penalty exists to prevent address fraud, not to intimidate legitimate caregivers. If the child genuinely lives with you because of one of the six qualifying reasons, the affidavit is exactly what the law provides for your situation.

What It Does and Doesn't Cover

The school affidavit gives you authority over the child's educational decisions within the enrolling district — enrollment, records, parent-teacher conferences, permission slips, and similar school matters.

It does not cover medical consent, dental care, or anything outside the school setting. For that, you need a separate Power of Attorney under S.C. Code § 63-15-720 (which requires the parent's signature) or a court order. Many caregivers use both instruments together — the affidavit for school enrollment and the POA for medical and everyday care.

Next Steps

If the school pushes back on your affidavit, you have recourse — demand a written denial, then escalate to the district's central office with the statute citations. South Carolina Legal Services offers free legal help to eligible low-income caregivers with enrollment disputes.

The School and Medical Consent Guide for South Carolina walks through each field of the affidavit, explains what happens at the school office, and includes a refusal decision tree for the moments when a registrar says no.

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