Texas Kinship Caregiver Rights and Resources: What Grandparents and Relatives Are Entitled To
Your Rights as a Texas Kinship Caregiver
Texas law gives grandparents and relatives raising a child specific rights that do not require a court order. Most caregivers do not know these exist until they hit a wall at a school office or doctor's clinic.
School enrollment: A child living with you may qualify for separate-residence admission under TEC § 25.001(b)(4) and (d). An eligible student may not be excluded for lack of a Chapter 34 agreement, power of attorney or similar document. Missing identity or prior-school records must not prevent enrollment; the 30-day identity-record period under § 25.002(a-1) applies to a parent or other person with legal control under a court order.
Medical consent: Under Chapter 32 (§ 32.001), a grandparent, adult sibling, or adult aunt or uncle may consent to medical, dental, psychological or surgical treatment if the person with the right to consent cannot be contacted and has not given actual notice to the contrary. Under Chapter 34, a cooperative parent can sign an agreement in advance that delegates the specific treatment and immunization authority included in the agreement.
Educational decision-making: A Chapter 34 agreement can authorize school enrollment and age-appropriate extracurricular activities. A relative who lives with and acts in place of a parent may qualify as the IDEA parent for special education decisions under federal rules. Access to school records is governed separately by FERPA.
Public benefits: You can apply for TANF child-only grants, Medicaid, CHIP and SNAP for the child through Your Texas Benefits or by calling 2-1-1. TANF child-only grants count only the child's income, not yours.
State identification: A Chapter 34 agreement can authorize you to consent to the child obtaining a state ID, learner's permit or driver's license if that authority is included in the agreement.
Kinship Navigator and Local Support Resources
Texas 2-1-1 is an HHSC information and referral service. Its directory includes an “Adoption and Foster/Kinship Care” category under “Support Groups – Care and Health.” Dedicated Kinship Navigator programs operate in some regions. For example, ACH Child and Family Services serves informal kinship families in Tarrant, Erath, Hill, Hood, Johnson, Palo Pinto, Parker and Somervell Counties, offering outreach, education, support and connections to resources such as food, clothing and legal aid.
Search the 2-1-1 Texas directory by ZIP code or call 2-1-1 (or 877-541-7905) for local referrals. The directory can identify kinship support and other community services, but a dedicated navigator is not available in every region.
2-1-1 provides information and referrals; it does not draft legal documents or represent you in court. TexasLawHelp.org has self-help forms and information, and legal-aid organizations screen applications for available services.
Free Legal Aid and Self-Help Resources in Texas
Three large, full-service civil legal-aid organizations serve different Texas regions; Texas Legal Services Center also offers statewide programs, and TexasLawHelp.org provides self-help resources. Eligibility, service area and case acceptance vary by organization and legal issue, so ask during intake whether it handles your specific question.
- Lone Star Legal Aid (East Texas and Gulf Coast): 1-800-733-8394
- Legal Aid of NorthWest Texas (North and West Texas): 1-888-529-5277
- Texas RioGrande Legal Aid (South, Central and West Texas): 956-996-8752. General intake is open Monday through Friday, 9 a.m. to 5 p.m. Central; family-law intake is Tuesday and Thursday.
- Texas Legal Services Center / TexasLawHelp.org (statewide legal information and online intake): use TexasLawHelp.org to find self-help resources or apply for legal help.
Eligibility is not uniform: providers consider factors such as income, legal status, service area and case type, and limits can change. Wait times for representation can be long. Even if full representation is unavailable, ask whether the organization offers advice or referrals.
TexasLawHelp.org has downloadable Chapter 34 forms, Chapter 35 petition toolkits and self-help guides available to anyone regardless of income.
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Other Resources
DFPS Form 2638: The official Chapter 34 authorization agreement form, free from the DFPS website.
Your Texas Benefits (yourtexasbenefits.com): Online portal for applying for TANF, Medicaid, CHIP and SNAP.
Texas DFPS Abuse Hotline: 1-800-252-5400 for reporting suspected child abuse or neglect.
988 Suicide and Crisis Lifeline: Call or text 988 for immediate mental health support, available 24/7.
Disability Rights Texas: Free advocacy for children with disabilities who need special education services, including help with ARD disputes and IEP compliance.
The Gap Between Rights and Reality
The rights exist on paper. The challenge is exercising them when a school registrar has never heard of TEC § 25.001(b)(4), a doctor's office thinks "guardianship" is the only option, or a benefits office asks for paperwork you do not have yet.
The Texas School and Medical Consent Guide puts the forms, checklists, statutory citations and escalation letters in one organized package — designed for the grandparent who needs to walk into a school or clinic this week with the right paperwork and the right words.
Get Your Free Texas School and Medical Consent Checklist
Download the Texas School and Medical Consent Checklist — a printable guide with checklists, scripts, and action plans you can start using today.