Virginia Kinship Care Affidavit for School Enrollment

What the Kinship Care Affidavit Does

Virginia Code § 22.1-3(A)(4)(iii) establishes that a child living with an adult relative providing temporary kinship care is a resident of that relative's school division — and can attend public school tuition-free. The kinship care affidavit is the document that proves this arrangement to the school.

It's not a custody order. It's not a guardianship petition. It's a sworn statement, signed by the caregiver and typically by the parent, that says: this child lives with me because the parent can't care for them right now, and the arrangement isn't a scheme to get into a different school district.

Who Qualifies as a "Relative" Under the Statute

Virginia Code § 63.2-100 defines kinship care as full-time care by someone related to the child by blood, marriage, or adoption. That covers grandparents, aunts, uncles, adult siblings, great-aunts and great-uncles, and in-laws.

Fictive kin — family friends with no legal or biological tie — sit in a gray area. The statute's text limits § 22.1-3(A)(4)(iii) to relatives as defined above. But some school divisions, notably Norfolk and Dinwiddie County, have adopted local board policies that explicitly extend the same affidavit pathway to fictive kin with a pre-existing bond to the child. Others, like Fairfax County, restrict the informal route to statutory relatives.

If you're a non-relative, ask the school division whether local policy recognizes fictive kin enrollment. If it doesn't, the McKinney-Vento homeless provisions or a formal DSS placement may be the alternative.

What Goes Into the Affidavit

Most Virginia school divisions provide their own kinship care affidavit form. The content is similar across divisions:

• Caregiver information — your full name, address, relationship to the child
• Child information — the child's full legal name, date of birth
• Parent information — the biological parent's name and last known address
• Reason for the arrangement — a brief, factual explanation of why the child lives with you (parental illness, addiction, incarceration, military deployment, death, etc.)
• Certification that the placement isn't for enrollment purposes — this is the anti-gaming clause required by § 22.1-3
• Agreement to notify the school within 30 days if the arrangement ends

The affidavit must be signed before a notary public. Most divisions require both the caregiver's and the parent's notarized signatures. If the parent is unavailable, some divisions will accept the caregiver's affidavit alone when supported by a verification letter from the local Department of Social Services.

The Affidavit vs. the Power of Attorney

The affidavit proves residency and kinship for enrollment purposes. The power of attorney under § 20-166 delegates parental authority — signing permission slips, receiving report cards, attending IEP meetings, authorizing medical care.

They serve different functions, and most Virginia school divisions require both. Dinwiddie County's policy is explicit: enrollment is withheld until the division receives a notarized kinship affidavit and a fully executed § 20-167 POA. Norfolk and Fairfax follow similar dual-document requirements.

The affidavit doesn't grant you decision-making authority over the child's education. The POA does. Treat them as a pair.

What the Affidavit Does NOT Cover

The kinship care affidavit is narrow by design:

• No medical consent — you'll need separate authorization under § 54.1-2969 or the POA for doctor visits
• No legal custody — the biological parents retain all parental rights
• No automatic benefit eligibility — agencies decide eligibility separately; the affidavit alone doesn't qualify the child for TANF or Medicaid, and TANF child-only grants can be pursued without a custody order
• No special education surrogate status — though acting in loco parentis under the affidavit may give you standing in IEP meetings under certain conditions

Annual Renewal and Verification

The affidavit is valid for one school year. Before the next academic year, your school division will likely require:

• A new or re-executed affidavit confirming the arrangement continues
• Updated proof of residency at your address
• A verification letter from local DSS confirming the placement's legitimacy (some divisions request this; others don't)

Mark the renewal date on your calendar. Letting the affidavit lapse mid-year doesn't automatically remove the child from school, but it creates an administrative gap that can trigger residency questions.

For the complete affidavit execution walkthrough — plus the companion POA, medical consent forms, and what to do when a school division rejects your paperwork — see the Virginia School and Medical Consent Guide.

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