Grandparents Raising Grandchildren in Maryland

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Voice: Plain, honest, practical. No false comfort. No condescension. She made a choice. Honor it and give her what she needs.

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Grandparents Raising Grandchildren in Maryland | InmateAid

Maryland has two affidavits that every grandparent raising grandchildren should know about.

The first is the Health Care Affidavit. With this form, signed and filed by the relative caregiver, you can authorize medical care for the grandchildren without a court order or legal guardianship. The form also enables you to apply for all medical and public assistance on the child's behalf. It is available free at your county Board of Education, local Department of Social Services, and local Area Agency on Aging.

The second is the Kinship Educational Affidavit -- the Children in Informal Kinship Care Affidavit for Education. With this form, filed annually, you can enroll the grandchildren in school in your county without a court order. It allows you to be the child's advocate and point of contact in school matters. The form is embedded in Maryland law (Md. Code, Education § 7-101) and is also available free at county Boards of Education, local DSS offices, and Area Agencies on Aging.

These two tools are the most important Maryland-specific resources in this article. They solve the two most urgent immediate problems -- medical care and school enrollment -- without requiring you to wait for a court date.

Maryland also has a documented awareness gap: the Annie E. Casey Foundation found that 88% of Maryland kinship caregivers do not use TANF (Maryland calls it TCA -- Temporary Cash Assistance) even though nearly all are eligible. If you have not applied, you likely should.

And Maryland has MDKinCares -- a free monthly texting platform through 211 Maryland specifically for kinship caregivers, providing information, support, and resource connections statewide.

You did not plan for this. You raised your children. You got to the other side of it. And then your child was incarcerated and the grandchildren needed somewhere to go. You said yes.

This article covers what Maryland offers you and what to do first.

Formal and Informal Kinship Care: Which Are You?

Maryland law draws a clear line between two types of kinship care, and which one you are in determines who contacts you and what pathway you are on.

**Informal kinship care** means the grandchildren are NOT in the custody of the Maryland Department of Human Services (DHS) or the local Department of Social Services (DSS). You took the grandchildren in because their parent was incarcerated and you were the person they needed. No caseworker placed them with you. No DHS case is open. This is the most common situation for grandparents whose child is incarcerated.

In informal kinship care, the two affidavits -- Health Care and Educational -- are your primary immediate tools. An informal kin navigator is available to help you understand your options.

**Formal kinship care** means DHS/DSS placed the grandchildren in your home through the child welfare system. The child is legally in state custody but placed with you as a relative. You are functioning as a licensed kinship foster parent. A formal kin navigator will contact you proactively to provide guidance.

If you are not sure which category applies, contact your local DSS office or call 2-1-1 Maryland.

The Two Affidavits: Use Them Now

**Health Care Affidavit (DHS/SSA 554)**

The Health Care Affidavit allows you to:

- Authorize medical care for the grandchildren in your care

- Apply on behalf of the child for all medical and public assistance entitlements

Requirements: you must be related to the child by blood or marriage within five degrees of consanguinity (or family by choice for non-relatives in some cases). You must be providing care 24/7 due to a serious family hardship (a parent's incarceration qualifies). You must notify DHS in writing within 30 days if the care situation changes.

Get this form at: your county Board of Education, local Department of Social Services, or local Area Agency on Aging. It is also available at dhs.maryland.gov.

**Kinship Educational Affidavit (Children in Informal Kinship Care Affidavit for Education)**

The Kinship Educational Affidavit allows you to:

- Enroll the grandchildren in public school in the county where you live

- Serve as the child's advocate and point of contact in school matters when a parent is not available

Requirements: must be filed annually at least 2 weeks before the start of the school year. Can also be filed mid-year to transfer a child to your local school. You will need to describe the serious family hardship (incarceration is documented hardship). The county superintendent may require supporting documentation.

Get this form at: your county Board of Education, local DSS, or local Area Agency on Aging. The form is printed in Md. Code, Education § 7-101. The Maryland People's Law Library at peoples-law.org provides accessible information about this process.

**These two affidavits together** give you school enrollment authority and medical care authority without a court date. They are the bridge while you pursue legal guardianship or custody through the courts.

Legal Authority: What It Is and How to Get It in Maryland

**Guardianship**

Guardianship through Maryland circuit court is the primary long-term legal pathway for grandparents not in the DHS system. With guardianship, you have comprehensive legal authority for the grandchildren's care.

Maryland Legal Aid provides free legal services to income-eligible Marylanders. Maryland Volunteer Lawyers Service (MVLS) also provides free civil legal help. Contact your local Legal Aid office or mvlslaw.org.

The Maryland People's Law Library (peoples-law.org) provides free legal information guides including guardianship processes and the kinship care affidavit framework.

**Standby Guardianship**

Maryland law allows a parent to designate a standby guardian -- an adult named to step in if the parent becomes unable to care for the child. If the incarcerated parent designates you as standby guardian, that designation has legal effect. Coordinate with an attorney or legal aid organization to set this up properly.

**Title IV-E Guardian Assistance Program**

Maryland has an approved subsidized guardianship program for children who have been in DHS foster care. If the grandchildren came through DHS and guardianship is the permanency plan, ask the DHS caseworker about the Guardian Assistance Program. More information at dhs.maryland.gov/foster-care/kinship-care/.

**Adoption**

Adoption permanently terminates the biological parent's parental rights. Consider carefully when the incarcerated parent has a realistic path to release and reunification.

Money: What Maryland Offers Kinship Caregivers

**TCA Child-Only Grant (Temporary Cash Assistance -- Maryland TANF)**

TCA is Maryland's name for TANF. The TCA child-only grant is a cash benefit that is **not based on the grandparent's income**. Grandparents as kinship caregivers are eligible; you do not need legal guardianship to apply in many cases.

The documented reality: 88% of eligible Maryland kinship caregivers do not use TCA. If you have not applied, you likely qualify and should apply.

Apply through marylandbenefits.gov or your local DSS office. Contact 2-1-1 Maryland for guidance on how to apply.

**Medicaid (Medical Assistance/MA)**

Maryland Medicaid covers children in kinship care. The Health Care Affidavit enables you to apply for medical assistance on the child's behalf without legal guardianship. Apply through marylandbenefits.gov.

Medicaid covers doctor visits, dental, prescriptions, mental health services, emergency care, and vision.

**SNAP (Food Assistance)**

Apply through marylandbenefits.gov or your local DSS office. The grandchildren's presence increases your household benefit level.

**National Family Caregiver Support Program**

Through the Maryland Department of Aging (MDOA), informal kinship caregivers have access to the National Family Caregiver Support Program -- providing information, support services, and access to respite care. Contact your local Area Agency on Aging or the Maryland Department of Aging.

**Mental Health and Respite Services**

Through the Maryland Department of Health and Behavioral Health Administration (MDBHA), kinship families can access mental health and respite services. Ask your informal kin navigator or contact 2-1-1 Maryland to access these services.

**Formal Kinship Foster Care Payments**

If DHS placed the grandchildren with you in a formal kinship arrangement, you may be eligible for foster care payments similar to other licensed foster parents. Your formal kin navigator and DSS caseworker handle these payments.

**Social Security**

If the incarcerated parent was working before arrest, the grandchildren may be eligible for Social Security dependent benefits. Call 1-800-772-1213. SSI may be available for grandchildren with disabilities.

MDKinCares and 211 Maryland

**MDKinCares** is Maryland's monthly texting subscription platform specifically for kinship caregivers. It provides informational and encouraging messages of support, and connects you to resources statewide. It is free. Sign up through 211 Maryland at 211md.org.

**211 Maryland** (dial 2-1-1 or visit 211md.org) is the statewide information and referral service. It has a community resource database searchable for kinship resources and other essential needs including food and housing. 211 Maryland partnered with Maryland DHS to specifically connect grandparents and relatives caring for children to resources.

These two tools are worth using from day one. MDKinCares in particular means you are receiving regular check-ins and resource updates without having to seek them out.

The School Question

Without any legal authority: use the **Kinship Educational Affidavit** (Children in Informal Kinship Care Affidavit). This Maryland-specific form enables school enrollment in your county without a court order. File it at your county Board of Education. File it mid-year if needed -- transfers are possible. Re-file annually at least 2 weeks before the school year.

With legal custody or guardianship: enrollment is straightforward.

For children with IEPs or 504 plans, you will need legal authority or a signed parental authorization from the incarcerated parent to fully participate in planning meetings. Maryland DOC (DPSCS -- Department of Public Safety and Correctional Services) facilities have notary services -- contact the facility case manager.

The McKinney-Vento Homeless Assistance Act also applies if the Educational Affidavit creates any delay -- schools must immediately enroll children living with relatives due to a parental hardship including incarceration.

Medical Authorization Before Court Paperwork Is Done

Use the **Health Care Affidavit** (DHS/SSA 554). Available free at county Boards of Education, local DSS offices, and Area Agencies on Aging. This form authorizes you to consent to medical care for the grandchildren. Give a copy to every health care provider.

Apply for Medicaid for the grandchildren at marylandbenefits.gov. Medicaid enrollment does not require legal authority.

What She Is Carrying That He Cannot See

You did not plan for this stage of your life. The grandchildren arrived and with them came school enrollment forms, doctor appointments, someone to be home after school, someone to sit with a child who wakes up afraid.

You are also carrying your feelings about your child who is incarcerated. Those feelings do not have to resolve. You can love your child and be furious about what they did. You can hope they get out and dread what comes next.

Maryland's geography means your situation may look very different depending on where you are: Baltimore's dense neighborhoods have concentrated social services and specific kinship programs. The DC suburbs of Montgomery and Prince George's Counties have their own resources. The Eastern Shore and Western Maryland -- much more rural, with longer distances to services, smaller communities where news travels fast and neighbors know your business.

The MDKinCares texting program meets you where you are, regardless of geography. The support groups available through your local DSS and contracted community kinship navigation programs are where you find other grandparents doing what you are doing.

Talking to the Grandchildren About Where Their Parent Is

The children know something is wrong. Silence does not protect them.

Use honest, age-appropriate language. For a young child: "Your dad made a mistake and he has to stay somewhere else while he learns from it. You are safe and I am here." For an older child: "Your mom is in prison. She did something against the law and a judge decided she needs to be there for a while. She loves you. She is not in danger."

Do not make promises about when the parent will be home that you cannot keep. Let the children have their feelings. Keep the parent present in appropriate ways: photos, letters, phone calls.

Maryland DOC (DPSCS) phone calls go through ICS Corrections / GTL. You control which numbers are approved. The grandchildren's relationship with their incarcerated parent is theirs.

Maryland Medicaid covers mental health services for children. The MDBHA provides mental health and respite services for kinship families. Ask your kin navigator, DSS office, or 2-1-1 Maryland for a referral.

Your Relationship With Your Incarcerated Child

Your feelings about your child are complicated. You are raising their children because they cannot. Both things are true.

What the grandchildren need: to see that you are not punishing their parent through them.

What you need: a place to hold the complicated feelings that is not in front of the grandchildren. Support groups through your local DSS or contracted kinship navigation programs, a therapist, a trusted person -- any of these is better than carrying it alone.

What to Do First: A Practical Checklist

Get the Health Care Affidavit (DHS/SSA 554). Available free at your county Board of Education, local DSS, or local Area Agency on Aging. File it immediately. Give a copy to every health care provider.

File the Kinship Educational Affidavit at your county Board of Education. Do this now if the school year has started or before the school year begins. It enables enrollment and makes you the school's point of contact.

Sign up for MDKinCares through 211 Maryland at 211md.org. Free monthly texting support and resource information statewide.

Apply for TCA child-only grant, Medicaid, and SNAP at marylandbenefits.gov or your local DSS office. The TCA child-only grant is not based on your income. 88% of eligible Maryland kinship families do not use it. Apply.

If not involved with DHS: contact the informal kin navigator through your local DSS for help understanding your options for legal custody and accessing benefits.

If DHS placed the grandchildren: your formal kin navigator will contact you. If they have not, call your local DSS and ask for your formal kin navigator.

Start the guardianship process. Contact Maryland Legal Aid or the Maryland Volunteer Lawyers Service (mvlslaw.org). Use the Maryland People's Law Library (peoples-law.org) as a free information resource.

If DPSCS-involved (formal kinship): ask your caseworker about the Title IV-E Guardian Assistance Program if guardianship is the permanency plan.

Dial 2-1-1 for community resources, support groups, and kinship navigation services in your county.

Take care of yourself. The support groups through local DSS kinship navigation programs exist for exactly this reason. Find them.

FAQ

**What are the two kinship affidavits in Maryland?** Maryland has two affidavits available to informal kinship caregivers -- grandparents and relatives who are caring for children NOT in DHS custody. The Health Care Affidavit (DHS/SSA 554) authorizes you to consent to medical care for the child and apply for all medical and public assistance on the child's behalf. The Kinship Educational Affidavit enables school enrollment in your county. Both are available free at your county Board of Education, local DSS, and local Area Agency on Aging. Neither requires a court order.

**What is the TCA child-only grant?** Temporary Cash Assistance (TCA) is Maryland's TANF program. The TCA child-only grant is cash assistance that is not based on the grandparent's income. 88% of eligible Maryland kinship caregivers do not use it, though nearly all qualify. Apply at marylandbenefits.gov or your local DSS office, or call 2-1-1 Maryland for guidance.

**What is MDKinCares?** A free monthly texting platform through 211 Maryland specifically designed for kinship caregivers in Maryland. It provides informational and encouraging messages of support and connects you to resources statewide. Sign up at 211md.org.

**What is the difference between formal and informal kinship care in Maryland?** Informal kinship care: the grandchildren are NOT in DHS custody; you took them in privately due to a parental hardship such as incarceration. Informal kinship caregivers use the Health Care and Educational Affidavits and work with an informal kin navigator. Formal kinship care: DHS/DSS placed the grandchildren with you through the child welfare system; you are a licensed kinship foster parent; a formal kin navigator contacts you proactively.

**Can I enroll my grandchildren in school without legal authority in Maryland?** Yes. The Kinship Educational Affidavit (Children in Informal Kinship Care Affidavit for Education, Md. Code, Education § 7-101) enables informal kinship caregivers to enroll children in public school in their county without a court order. File it at your county Board of Education. Re-file annually at least 2 weeks before the school year begins. Can also be filed mid-year.

**What legal help is available in Maryland?** Maryland Legal Aid provides free civil legal services to income-eligible Marylanders. Maryland Volunteer Lawyers Service (mvlslaw.org) provides free civil legal help. The Maryland People's Law Library (peoples-law.org) provides free legal information guides on kinship care, guardianship, and the affidavit processes.

**How do I talk to the grandchildren about their parent being in prison?** Use honest, age-appropriate language without promises about when the parent will be home. Let the children have their feelings. Keep the parent present appropriately -- photos, letters, DPSCS phone calls through ICS Corrections/GTL. Maryland Medicaid covers children's mental health services; contact your kin navigator, DSS office, or 2-1-1 Maryland for a referral.

[SPEC NOTE: Folder 1mWUamVufeanK-LZbmcw4rbPb7yRIWRSP. Internal CTAs: Maryland inmate search, send money, Maryland reentry resources, Staying Connected hub, how prison works hub. SOURCING: dhs.maryland.gov/out-of-home-care/kinship-care/informal-kinship-care/ (informal kinship caregivers relatives family by choice 24/7 serious family hardship; Health Care Affidavit consent medical care apply all medical public assistance entitlements; available county Board Education DSS AAA; notify DHS 30 days change; Kinship Educational Affidavit school enrollment; access community partners MDOA National Family Caregiver Support Program; MSDE Kinship Educational Affidavits; MDBHA mental health respite; 2-1-1 MD MDKinCares monthly texting subscription specific kin caregivers statewide; support groups local DSS contracted community kinship navigation; standby guardian parent named adult step in mental incapacity physical disability adverse immigration action); dhs.maryland.gov/local-offices/baltimore-city FAQ (deep breath not alone; informal kin navigator not DCS-involved; formal kin navigator BCDSS caseworker placed; TCA Temporary Cash Assistance Maryland TANF; TCA child-only grant not based on income; 2-1-1 Maryland 211md.org Maryland Food Bank mdfoodbank.org); peoples-law.org kinship-care-resources (formal kinship DHS care custody guardianship legal process; child treated foster child; Md Code Family Law 5-534; first priority kinship parent placement; informal kinship not DHS authority; kinship affidavit enrollment; affidavit annual 2 weeks before school year; can file mid-year; form available county Board Education DSS AAA); peoples-law.org school enrollment (county superintendent must allow school county caregiver domicile; relative verify sworn affidavit; affidavit annually 2 weeks prior school year each year serious family hardship; Md Code Education 7-101 form printed in law; available Board Education DSS AAA; must attach written instructions; can file during school year; caregiver may provide supporting documentation telephone number address serious hardship); 211md.org kinship care (88% kinship caregivers do not use TANF even though nearly all eligible Annie E Casey Foundation; MDKinCares texting platform; Children in Informal Kinship Care Affidavit education informal relative caregiver enroll school advocate point of contact; consent health care affidavit relative caregiver get health care; Maryland Benefits medical assistance; 211md.org community resource database kinship resources food housing); dhs.maryland.gov/documents SSA 554 July 2025 (Health Care Affidavit relative providing informal kinship care apply all medical public assistance entitlement; affidavit forms free county Board Education DSS; notify DHS Social Services Administration 30 days change; copy given health care provider); marylandpublicschools.org affidavit (annual affidavit 2 weeks prior school year; verify facts audit case by case; fraud misrepresentation removed from enrollment; notify local education agency 30 days change; willful material misrepresentation penalty); grandfamilies.org Maryland (Title IV-E Guardian Assistance Program approved dhs.maryland.gov/foster-care/kinship-care/; legal custody similar guardianship different court); Maryland People's Law Library peoples-law.org; Maryland Legal Aid; Maryland Volunteer Lawyers Service mvlslaw.org; marylandbenefits.gov; DPSCS ICS Corrections GTL phone; DPSCS notary services; McKinney-Vento school enrollment backup; Social Security 1-800-772-1213; 2-1-1 Maryland 211md.org. NOTE for Poorwa: verify Health Care Affidavit DHS/SSA 554 still current dhs.maryland.gov; verify Kinship Educational Affidavit Md Code Education 7-101 still current; verify TCA child-only grant Maryland TANF name and not based on income still current; verify 88% stat current or note as Annie E Casey Foundation cited by 211 Maryland; verify MDKinCares still 211 Maryland texting platform current; verify marylandbenefits.gov current state portal; verify informal kin navigator still available through DHS/DSS; verify Title IV-E Guardian Assistance Program Maryland still current dhs.maryland.gov/foster-care/kinship-care/; verify Maryland Legal Aid mvlslaw.org current; verify peoples-law.org Maryland People's Law Library kinship resources current; verify DPSCS ICS Corrections GTL phone provider; verify McKinney-Vento still applicable; verify MDBHA mental health respite for kinship families still current; len/character check before publish.]