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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 Montana | InmateAid
Montana has a statute that most grandparents in this situation do not know about.
Montana Code Annotated §40-6-501 and 40-6-502, effective October 1, 2007, gives grandparents medical authority for their grandchildren when the parent cannot be located -- and the grandparent's authority under this statute does **not** require the parent's signature. It requires completion of a relative medical authorization affidavit. That is all. No court hearing. No Power of Attorney from a parent who is incarcerated and difficult to reach. The affidavit establishes the authority.
This is relevant to you right now because your child is incarcerated. They may be reachable for paperwork -- and you should still try to get a notarized POA through MDOC notary services. But if that is taking time, Montana's medical authority statute is your immediate bridge.
Montana also has a Close Relative Registry through the DPHHS Child Abuse Hotline (1-866-820-5437, 24/7). If your grandchildren's situation might ever involve DPHHS Child and Family Services, you want to be on that registry now. It ensures the state contacts you within 30 days if the children are ever removed from the parent's care.
Montana TANF child-only grants are available to most grandparents raising grandchildren, even without DPHHS placement authority. Apply through the Office of Public Assistance at apply.mt.gov or 1-888-706-1535.
Montana State University Extension publishes free MontGuides specifically for Montana kinship caregivers and grandparents -- research-based, Montana-specific, practical. They are worth reading before you walk into any state office.
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 Montana offers you and what to do first.
The Decision You Already Made
You already made the hardest decision. The grandchildren are with you. Everything else in this article is about making that workable.
A few things to understand about your position in Montana right now:
If you are caring for grandchildren without DPHHS Child and Family Services (CFS) involvement, apply for TANF child-only, Healthy Montana Kids, and SNAP at your local Office of Public Assistance or at apply.mt.gov. Use the relative medical authorization affidavit for immediate medical authority.
If DPHHS CFS has an open case and placed the grandchildren with you, contact your assigned Child Protection Specialist about being approved as an unlicensed (or licensed) kinship home provider. The pathway matters: unlicensed enables TANF application; licensed enables foster care maintenance payments.
If you think a DPHHS case might open in the future -- even without one being open now -- call the Child Abuse Hotline (1-866-820-5437) and ask to be entered on the Close Relative Registry.
Montana's Medical Authority Statute: The Immediate Tool
Under Montana Code Annotated §40-6-501 and 40-6-502:
A grandparent can have medical authority for a grandchild when the parent cannot be located. The authority is established through a **relative medical authorization affidavit** -- not a court order, not a POA.
This affidavit **does not require the parent's signature**. It requires the grandparent's sworn statement.
With this affidavit in hand, you can:
- Make medical appointments for the grandchildren
- Make health care decisions in case of an emergency
- Access the children's medical care
This statute is the fastest path to medical authority in Montana for grandparents whose incarcerated child is difficult to reach quickly.
The health care affidavit (which is slightly different and does require a parent signature) can also be included in the POA document. If you can get a notarized POA from the incarcerated parent through MDOC notary services, the health care affidavit incorporated into it covers all medical decisions.
Montana State University Extension's MontGuide on kinship caregivers (MT201813HR) explains both pathways. Available free at extension-store.montana.edu.
The Close Relative Registry: Register Before You Need It
Montana's Close Relative Registry is a proactive tool -- you register before a child welfare case is opened, so you are on record as a relative who wants to be considered for placement.
Under federal law (Fostering Connections Act 2008) and Montana's 2009 legislative addition, the state must exercise due diligence to identify and notify all adult relatives within 30 days of a child's removal from a parent's home. Being on the registry ensures you receive that notification.
If your child is incarcerated and the grandchildren are with you now (informal arrangement), but there is any possibility that DPHHS might open a case -- due to co-parenting issues, the other parent, or other factors -- being on the registry protects your position.
Call: **1-866-820-5437** (24/7 DPHHS Child Abuse Hotline)
Ask: to be entered on the Relative Registry
This call does not report abuse. It registers your name as a relative who should be contacted.
Legal Authority: What It Is and How to Get It in Montana
**Relative Medical Authorization Affidavit (MCA §40-6-501/502)**
As described above: the fastest immediate medical authority available to a Montana grandparent. No parent signature required. Complete the affidavit and carry a copy to every health care provider.
**Power of Attorney**
A notarized parental POA from the incarcerated parent gives you broader authority for school enrollment, medical care, and day-to-day decisions. MDOC (Montana Department of Corrections) facilities have notary services -- contact the facility case manager. The POA can incorporate the health care affidavit.
MSU Extension MontGuide MT199001HR covers Montana Power of Attorney. Available at extension-store.montana.edu.
**Custody and Guardianship (District Court)**
For long-term legal authority, you pursue custody or guardianship through Montana district court. Legal custody, physical custody, or both may be granted. Guardianship establishes a legal relationship and grants the guardian some of the rights and responsibilities of a parent.
For children NOT in a DPHHS CFS case: contact a private attorney or the Montana Legal Assistance Program (montanalegalservices.org) for free civil legal help if income-eligible. Montana Judicial Branch's Court Help Program (courts.mt.gov/selfhelp) provides free help navigating court proceedings.
For children IN a DPHHS CFS case: contact the assigned Child Protection Specialist to express interest in pursuing custody or guardianship. Do not file in district court independently before talking to the CPS worker -- the sequence matters.
**Guardianship Assistance Program**
Montana's Guardianship Assistance Program is available for relative children who pass through the formal DPHHS system. Ask your Child Protection Specialist. Information at dphhs.mt.gov.
**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 Montana Offers Kinship Caregivers
**TANF Child-Only Grant**
Most grandparents raising grandchildren in Montana can apply for and receive TANF child-only grants. These are small monthly grants for the child's care. The grandparent's income is not the basis for the child-only grant.
Important: once you apply for TANF, a referral is automatically made to the Child Support Enforcement Division, which will seek child support from the child's parents. If you want to apply for TANF but are concerned about child support enforcement against an incarcerated parent, understand this is part of the process.
Apply at apply.mt.gov or call 1-888-706-1535 or visit your local OPA office.
**Healthy Montana Kids (HMK) / HMK Plus**
Healthy Montana Kids is Montana's health insurance program for children from families with limited incomes. HMK and HMK Plus provide medical coverage. Children in kinship care can qualify.
Apply at apply.mt.gov or call 1-888-706-1535. Member Help Line for benefits questions: 1-800-362-8312.
HMK covers doctor visits, dental, prescriptions, mental health services, emergency care, and vision.
**SNAP (Food Assistance)**
Apply for SNAP through the Office of Public Assistance at apply.mt.gov or 1-888-706-1535. The grandchildren's presence increases your household food benefit.
**WIC**
WIC provides supplemental nutrition for eligible women and children. Through DPHHS Public Health: dphhs.mt.gov/publichealth/wic.
**Foster Care Maintenance Payments (Licensed Kinship)**
If you become a licensed kinship foster home provider through DPHHS, you receive foster care maintenance payments. Licensing requires meeting state foster parent standards. Ask your DPHHS Child Protection Specialist about the kinship licensing pathway if a CFS case is open.
**Unlicensed Kinship Provider**
If CFS has placement authority and you are approved as an unlicensed kinship home provider, you can apply for TANF through OPA. This is the faster, lower-threshold pathway -- less financial support than licensed foster care, but accessible without full licensing.
**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.
Montana Kinship Navigator Program (MTKNP)
Montana's Kinship Navigator Program, formerly the Grandparents Raising Grandchildren Project, operates through MSU Extension in partnership with Big Brothers Big Sisters Montana.
What the Kinship Navigator Program provides:
- Connects relative caregivers to resources, services, and research-based information
- Support groups for relative caregivers -- currently offered online via Zoom through Missoula Aging Services
For support groups and Kinship Navigator information: contact Kelly Moore at **(406) 258-4206**.
MSU Extension MontGuides are free research-based publications specifically about Montana kinship and grandparent caregiver issues. Key MontGuides:
- MT200706HR: Grandparents Raising Grandchildren: Parenting the Second Time Around
- MT201813HR: Kinship Caregivers Raising Relative Children: Navigating the Resources
- MT199001HR: Power of Attorney
All available free at extension-store.montana.edu.
Montana's Tribal Nation Context
Montana has seven federally recognized tribal nations on eight reservations: Blackfeet (Browning), Fort Belknap (Assiniboine and Gros Ventre), Fort Peck (Assiniboine and Sioux), Crow, Northern Cheyenne, Rocky Boy's (Chippewa-Cree), and Flathead/Salish-Kootenai. The reservations cover a significant portion of the state.
For grandparents who are members of a tribal nation, or for grandchildren who are enrolled tribal members, ICWA (Indian Child Welfare Act) applies when child welfare proceedings are opened. ICWA provides specific placement preferences for tribal children and requires tribal notification. Your tribal social services department is an important partner alongside DPHHS.
DPHHS CFSD works with tribal social service agencies in Montana. If a DPHHS case is opened involving a tribal child, confirm that ICWA was applied and that your tribe was notified.
Montana's Geographic Reality
Montana is the fourth largest state by area and one of the least densely populated. The distances between communities are real: Billings to Missoula is 344 miles. Great Falls to the Crow Reservation is over 200 miles. Kalispell to Billings is 420 miles.
MDOC facilities include Montana State Prison in Deer Lodge (Powell County, western Montana), Montana Women's Prison in Billings, and Crossroads Correctional Center in Shelby (Toole County, north-central Montana). For a family in Miles City (eastern Montana) with a parent at Montana State Prison in Deer Lodge: about 5 hours west on I-90. For a family in Havre with a parent at Deer Lodge: 6+ hours.
Montana DOC phone calls go through ICS Corrections / GTL. You control which numbers are approved. For many Montana kinship families, phone calls are the primary ongoing connection to the incarcerated parent, and they matter.
The Kinship Navigator Program's online support groups through Missoula Aging Services are specifically designed for the reality of Montana's distances. Online participation is not a lesser option -- for many Montana grandparents, it is the only practical option.
The School Question
With a POA, guardianship, or custody order, school enrollment is straightforward.
Without legal authority, use the federal McKinney-Vento Homeless Assistance Act. Schools must immediately enroll children who lack stable housing documentation, including children living with relatives due to a parent's incarceration. Ask the school district's McKinney-Vento liaison.
For children with IEPs, you will need legal authority or a signed parental authorization from the incarcerated parent to participate in planning meetings. MDOC facilities have notary services -- contact the facility case manager.
Medical Authorization Before Court Paperwork Is Done
Use the relative medical authorization affidavit under MCA §40-6-501/502. No parent signature required. Carries a copy to every health care provider.
Apply for Healthy Montana Kids (HMK) at apply.mt.gov or 1-888-706-1535. HMK 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 forms, doctor appointments, someone to be home, someone to sit with a child who is 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. You can hope and fear the same outcome.
Montana's communities -- the small towns in the Yellowstone Valley, the reservation communities, the ranching families of the Hi-Line, the smaller cities -- are often places where people look after each other when it matters. They are also places where news travels and privacy is limited.
The Kinship Navigator Program's online support groups through Missoula Aging Services give you access to other grandparents doing what you are doing without requiring a 200-mile drive. Call (406) 258-4206 to connect.
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.
Montana DOC phone calls go through ICS Corrections / GTL. You control which numbers are approved. The grandchildren's relationship with their incarcerated parent is theirs.
Healthy Montana Kids covers mental health services for children. If the grandchildren are struggling, ask the school counselor for a referral or the child's HMK primary care provider.
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. The Kinship Navigator online support group, a therapist, a trusted person -- any of these is better than holding it alone through a Montana winter.
What to Do First: A Practical Checklist
Use the relative medical authorization affidavit (MCA §40-6-501/502) immediately for medical authority. No parent signature needed. Carry a copy to every health care provider. MSU Extension MontGuide MT201813HR explains this.
Call the DPHHS Child Abuse Hotline at 1-866-820-5437 (24/7) and ask to be entered on the Close Relative Registry if there is any chance a DPHHS case might open.
Apply for TANF child-only grant, Healthy Montana Kids, and SNAP at apply.mt.gov or call 1-888-706-1535 or visit your local OPA office. Child support enforcement referral will be triggered automatically when you apply for TANF.
Get a notarized POA from the incarcerated parent through MDOC notary services. Contact the facility case manager. Incorporate the health care affidavit into the POA.
Start the custody or guardianship process through Montana district court. Contact Montana Legal Assistance Program (montanalegalservices.org) for free civil legal help if income-eligible. Use the Montana Judicial Branch Court Help Program at courts.mt.gov/selfhelp.
If DPHHS CFS has an open case: contact your Child Protection Specialist about unlicensed or licensed kinship home provider status and guardianship assistance eligibility.
If children are enrolled tribal members: confirm ICWA applies and contact your tribal social services department.
Contact the Montana Kinship Navigator Program at (406) 258-4206 for support groups and resource connections.
Read MSU Extension MontGuide MT200706HR (Grandparents Raising Grandchildren) and MT201813HR (Kinship Caregivers Navigating Resources). Free at extension-store.montana.edu.
Enroll the grandchildren in school. Use McKinney-Vento if needed.
Take care of yourself. The online support group is there. Use it.
FAQ
**What is the relative medical authorization affidavit in Montana?** Under Montana Code Annotated §40-6-501 and 40-6-502, grandparents can establish medical authority for grandchildren when a parent cannot be located by completing a relative medical authorization affidavit. No parent signature is required. This gives you immediate authority to make medical appointments and health care decisions without waiting for a POA or court order. MSU Extension MontGuide MT201813HR covers this tool.
**What is the Close Relative Registry?** A proactive registration system through the DPHHS Child Abuse Hotline (1-866-820-5437, 24/7). If you register, the state is required to contact you within 30 days if your grandchildren are ever removed from a parent's home. Registering does not report abuse -- it puts you on record as a relative who wants to be considered for placement.
**What is Healthy Montana Kids (HMK)?** Montana's children's health insurance program for families with limited incomes. HMK and HMK Plus provide medical coverage for children in kinship care who meet eligibility requirements. Apply at apply.mt.gov or call 1-888-706-1535. Member Help Line: 1-800-362-8312.
**Can I apply for TANF without DPHHS involvement?** Yes. Most grandparents raising grandchildren can apply for TANF child-only grants even without DPHHS Child and Family Services placement authority. Apply at apply.mt.gov or 1-888-706-1535. Note: applying for TANF triggers a referral to Child Support Enforcement to seek support from the child's parents.
**What is the Montana Kinship Navigator Program?** Montana's kinship navigator program through MSU Extension and Big Brothers Big Sisters Montana. Connects relative caregivers to resources, services, and support groups. Currently offers online support groups through Missoula Aging Services. Contact: (406) 258-4206.
**What are MSU Extension MontGuides?** Free, research-based publications from Montana State University Extension specifically about Montana kinship and grandparent caregiver issues. Key guides: MT200706HR (Grandparents Raising Grandchildren), MT201813HR (Kinship Caregivers Navigating Resources), MT199001HR (Power of Attorney). Available free at extension-store.montana.edu.
**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 feelings. Keep the parent present appropriately -- photos, letters, MDOC phone calls through ICS Corrections/GTL. Healthy Montana Kids covers mental health services; ask the school counselor or HMK primary care provider for a referral if children are struggling.
[SPEC NOTE: Folder 1mWUamVufeanK-LZbmcw4rbPb7yRIWRSP. Internal CTAs: Montana inmate search, send money, Montana reentry resources, Staying Connected hub, how prison works hub. SOURCING: apps.msuextension.org MT200706HR Grandparents Raising Grandchildren (most grandparents can apply receive TANF child-only grants small monthly grants even without CFS placement authority; TANF through OPA; referral Child Support Enforcement Division seek child support from child's parents; custody granted court grandparent responsibility legal physical or both; guardianship establishes legal relationship guardian some rights responsibilities of parent; not DPHHS case contact private attorney or legal assistance; in DPHHS case contact assigned CPS to express interest before filing; unlicensed kinship home provider approved by CFS TANF through OPA; licensed kinship foster home foster care maintenance payments; OPA 888-706-1535; dphhs.mt.gov; MCA §40-6-501 and 502 effective October 1 2007 grandparents medical authority grandchildren adult children cannot be located relative medical authorization affidavit does not require parent signature; Healthy Montana Kids insurance limited incomes); apps.msuextension.org MT201813HR Kinship Caregivers Navigating Resources (MCA 40-6-501 40-6-502 health care affidavit power make health care decisions medical appointments emergency; does not require parent signature; parental rights not terminated; health care affidavit similar POA included in POA document; POA requires parent signature health care affidavit for grandparent medical authority does not; Guardianship Assistance Program available most often relative children formal system; Montana Legal Assistance Program Montana Judicial Branch Court Help Program; Close Relative Registry DPHHS Child Abuse Hotline 1-866-820-5437 call ask be entered Relative Registry; Fostering Connections 2008 30 days removal identify notify adult relatives; 2009 Montana legislative session Close Relative Registry added MCA; MSU Extension Montana Kinship Navigator Program MTKNP formerly Grandparents Raising Grandchildren Project; Big Brothers Big Sisters Montana; Missoula Aging Services online support group Zoom Kelly Moore 406-258-4206; Montana Legal Assistance Program montanalegalservices.org; Montana Judicial Branch Court Help Program courts.mt.gov/selfhelp; Power of Attorney MontGuide MT199001HR msuextension.org); dphhs.mt.gov/MontanaHealthcarePrograms/MemberServices (HMK HMK Plus healthcare benefits eligible low-income Montanans; OPA questions applications eligibility 1-888-706-1535; apply.mt.gov; Member Help Line 1-800-362-8312; Passport primary care case management; Medicaid HMK Plus covered services); grandfamilies.org Montana (Guardianship Assistance Program dphhs.mt.gov/Portals/85/cfsd; legal custody similar guardianship different court); apply.mt.gov Montana online application SNAP TANF LIHEAP Health Coverage; dphhs.mt.gov; MDOC ICS Corrections GTL phone; MDOC notary services; extension-store.montana.edu MontGuides; McKinney-Vento school enrollment; Social Security 1-800-772-1213. NOTE for Poorwa: verify MCA §40-6-501 and 40-6-502 relative medical authorization affidavit still current no parent signature required; verify Close Relative Registry still DPHHS Child Abuse Hotline 1-866-820-5437 and ask to be entered on Relative Registry still procedure; verify Montana Kinship Navigator Program still MSU Extension Big Brothers Big Sisters; verify Kelly Moore 406-258-4206 still current contact or updated contact; verify online support group via Zoom Missoula Aging Services still current; verify apply.mt.gov still DPHHS benefits portal; verify 1-888-706-1535 OPA current; verify HMK Healthy Montana Kids still Montana children's health insurance name; verify 1-800-362-8312 HMK Member Help Line current; verify TANF child-only still available without CFS placement authority; verify child support enforcement referral triggered by TANF application still current; verify Guardianship Assistance Program still DPHHS current; verify Montana Legal Assistance Program montanalegalservices.org current; verify courts.mt.gov/selfhelp Court Help Program current; verify MDOC ICS Corrections GTL phone provider; verify McKinney-Vento still applicable; len/character check before publish.]