South Carolina Fictive Kin Benefits: Who Qualifies and What's Available

Who Counts as Fictive Kin in South Carolina

South Carolina expanded its kinship foster care program under S.C. Code § 63-7-2320 and Senate Bill 380 (Act 59, 2023) to include fictive kin — adults who are not biologically or legally related to the child but have a significant, established relationship with the child or the child's family. Think a godparent, a long-time family friend, a former stepparent, or someone the child calls "Auntie" even though there's no blood tie.

The key word is established. SCDSS considers whether the adult has a significant, established relationship with the child or the child's family. Explain the history of the relationship and ask the caseworker which documents SCDSS accepts.

How Fictive Kin Status Opens the Door to Kinship Foster Care

Before the 2023 legislative changes, only biological or legal relatives could become licensed kinship foster parents through SCDSS. Now, when a child is removed from a home and SCDSS is looking for a placement, an approved fictive kin caregiver can:

• Become a licensed kinship foster parent under S.C. Code § 63-7-2320, receiving the same monthly foster care maintenance payments as a relative foster parent: $670/month for children ages 0–5, $783/month for ages 6–12, and higher rates for special circumstances
• Access the SC Voucher / Child Care Scholarship with family income tests and copays waived for some placements authorized through SCDSS child protective or preventive services; confirm current referral availability with SCDSS
• Maintain the child's Medicaid coverage automatically through the foster care placement
• Become eligible for KinGAP — the Kinship Guardianship Assistance Program — after caring for the child as a licensed foster parent for at least six consecutive months, then taking legal guardianship

That KinGAP pathway is critical. It allows a fictive kin caregiver to leave the foster care system while keeping a monthly subsidy (negotiated up to the foster care maintenance rate) and the child's Medicaid coverage. The child exits state custody permanently.

What Fictive Kin Caregivers Without SCDSS Involvement Can Access

If a child lands with a fictive kin caregiver through a private arrangement — no court order, no SCDSS removal — the financial picture changes substantially.

Available without SCDSS involvement:

• TANF Child-Only (Family Independence): Child-only grants are available to eligible non-parent relatives. Because a fictive kin caregiver may not be a statutory relative, confirm eligibility with SCDSS before counting on a grant. The verified monthly standards are $229 for one child, $308 for two, and $388 for three; the caregiver's income is excluded when the child-only case is approved.
• Partners for Healthy Children (Medicaid): Children may qualify up to 213% FPL gross income. Household composition depends on the child's circumstances, so ask SCDHHS how income is counted for a fictive kin caregiver who does not claim the child as a tax dependent.
• SNAP: The child is part of the household if food is purchased and prepared together. The caregiver's income counts here, unlike TANF.
• WIC: Available for children under 5 who receive Medicaid or SNAP.

Not available without SCDSS involvement:

• Foster care maintenance payments
• KinGAP subsidized guardianship
• SC Voucher priority access with waived copays

The gap between the two tracks is large. A licensed fictive kin foster parent may receive $670–$783/month, plus access to a priority child-care pathway if referrals are open. Child-only TANF eligibility is established for non-parent relatives; a private fictive kin caregiver should confirm eligibility with SCDSS before counting on a grant.

How to Establish Fictive Kin Status with SCDSS

When SCDSS removes a child and considers placement options, a fictive kin caregiver should be ready to explain the established relationship. Full kinship foster-care licensing includes background checks, a home inspection, and pre-service training. Ask the caseworker what documents and additional steps apply to your placement and what timeline to expect.

One Trap to Watch

A fictive kin caregiver who obtains legal guardianship through Family Court before going through the SCDSS licensing and foster care pathway permanently loses access to KinGAP. The written KinGAP subsidy agreement must be signed before the court grants guardianship. Getting the sequence backwards cannot be undone.

If you are a fictive kin caregiver raising a child in South Carolina and want to understand every financial program available to you, our complete guide walks through each benefit, the application process, and the documents you'll need — organized by your specific caregiving arrangement.

See more South Carolina guides →