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Internal links (5): North Dakota inmate search, send money, North Dakota reentry resources, Staying Connected hub, how prison works hub
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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[NOTE: 60 chars exactly -- at the limit. Acceptable.]
[NOTE: 158 chars -- one over. Trim: drop "when a" -> "if a" saves nothing. Try: "North Dakota offers up to $2,500 toward guardianship legal costs for kinship caregivers. Here is what the state offers grandparents when a parent is incarcerated." -- count: 163. Too long. Try: "North Dakota covers up to $2,500 in guardianship legal costs through Kinship-ND. Here is what the state offers grandparents when a parent is incarcerated." -- count: 154. Good.]
Grandparents Raising Grandchildren in North Dakota | InmateAid
North Dakota's kinship care program is called **Kinship-ND**, operated through ND Health and Human Services (HHS). Through Kinship-ND, caregivers who are enrolled in services can apply for **up to $2,500** to help cover the initial legal costs of obtaining guardianship. Guardianship is often the step families put off because of the cost. That fund exists specifically to remove that obstacle.
North Dakota also has a **medical consent law** that names grandparents directly. When a minor needs medical treatment and a parent or legal guardian is not available, grandparents who have maintained significant contact with the child are listed among those who may provide informed consent. You do not need a POA or court order for this to apply.
If the incarcerated parent can sign a POA, North Dakota law allows a grandparent to execute a power of attorney giving authority for up to **six months**. That is the starting legal tool while you pursue guardianship.
North Dakota HHS recognized Kinship Care Month in September 2024 with the story of a North Dakota grandfather who has been guardian of three grandchildren for nearly a decade. The children's parents were incarcerated due to substance use. He and his wife took the children in together. When his wife passed, he kept the promise they had made to always keep the grandchildren safe. "Having guardianship has changed my life immensely," he said.
There are more than 765 kinship caregivers in North Dakota providing care to more than 1,325 children. This is a small state. These families are doing something real in a place that often has limited formal support infrastructure. Kinship-ND was built to change that.
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.
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 North Dakota right now:
North Dakota's medical consent law already gives grandparents who have maintained significant contact with a grandchild a basis for medical consent -- without a court order or POA -- if the parent or legal guardian is unavailable. You may already have more medical authority than you realize.
If the incarcerated parent can execute a notarized POA, do that immediately. NDDOC facilities have notary services -- contact the facility case manager. North Dakota law allows a parental POA for up to six months.
To access the $2,500 guardianship legal fund, you must first connect with Kinship-ND. Contact ND HHS at hhs.nd.gov/cfs/kinshipnd. Getting enrolled in Kinship-ND services is the required first step before applying for guardianship assistance funding.
For TANF and basic benefits: contact your county social services office or call ND HHS at 1-800-755-2716.
North Dakota's Medical Consent Law
North Dakota has a medical consent law that includes a specific list of adults who may provide informed consent when a minor needs medical treatment. The list begins with the child's parent or legal guardian. Grandparents who have maintained significant contacts with the child are also included -- if a parent or legal guardian is not available.
This means that in a medical situation -- a sick child, an emergency room visit, an appointment when the parent cannot be reached because they are incarcerated -- North Dakota law already supports your authority to provide consent.
This is not a substitute for legal guardianship. It is a bridge until you have it.
Combined with a notarized parental POA (which covers additional decisions and lasts up to six months), grandparents in North Dakota have more immediate medical and care authority than many other states provide without a court order.
Legal Authority: What It Is and How to Get It in North Dakota
**Power of Attorney (up to 6 months)**
If the incarcerated parent is able to execute a notarized POA, this gives the grandparent authority to make decisions on the child's behalf for up to six months. NDDOC (ND Department of Corrections and Rehabilitation) facilities have notary services -- contact the facility case manager.
ND HHS has a **Legal Comparison Chart** on the Kinship-ND resources page that specifically compares the legal options of power of attorney, guardianship, and adoption. It is written for North Dakota families. Read it at hhs.nd.gov/cfs/kinshipnd/resources before pursuing any legal pathway.
**Guardianship (North Dakota District Court)**
Guardianship through ND district court is the primary long-term legal authority for grandparent caregivers. It creates a legal relationship that gives you the rights and responsibilities to care for the grandchildren.
North Dakota offers up to **$2,500** through Kinship-ND to help cover initial guardianship legal costs. You must be enrolled in Kinship-ND services before applying for this funding.
The supportive services available through TANF Kinship Care can also reimburse legal fees as a payer of last resort (for children in county or tribal agency custody).
**Kinship-ND Services (First Step)**
Contact Kinship-ND first: hhs.nd.gov/cfs/kinshipnd. Being enrolled in Kinship-ND services is the gateway to the $2,500 guardianship legal fund and to coordination of supportive services.
**Guardianship Assistance Payments (Foster Care Cases)**
Guardianship assistance payments may be available to relative caregivers who obtain guardianship of children exiting the child welfare system. Contact ND HHS for current eligibility details.
**Adoption**
Adoption permanently terminates the biological parent's parental rights. The Legal Comparison Chart from Kinship-ND resources compares guardianship and adoption specifically for North Dakota families.
Money: What North Dakota Offers Kinship Caregivers
**TANF Child-Only Grant**
TANF provides cash assistance to families with children. For grandparents raising grandchildren outside the formal child welfare system, the child-only grant is available based on the child's income -- grandparent income is generally not counted.
Contact the TANF Economic Assistance Policy Division at ND HHS: 701-328-2332 | dhseap@nd.gov | Apply through your county social services office.
**TANF Kinship Care (Foster Care Cases)**
For relatives caring for children in foster care (children in county or tribal agency custody), the TANF Kinship Care program provides monthly maintenance payments. Requirements:
- Court order placing the child's care, custody, and control with a county agency or tribal agency
- Caregiver within the **fifth degree of kinship** (see below)
- Child support from the parent is required as a condition
- Monthly payment equals the TANF standard of need for a shared living arrangement plus an additional monthly amount set by the department
**Fifth degree of kinship in North Dakota** includes: sibling, niece, nephew, grandniece, grandnephew, grandparent, aunt, uncle, first cousin, first cousin once removed, great-grandparent, great-aunt, great-uncle, parent's first cousin, great-great-grandparent, great-great-aunt, great-great-uncle, great-great-great-grandparent.
**Child Care Assistance Program (CCAP)**
ND HHS pays a portion of child care costs based on a sliding fee schedule. The payment goes directly to the child care provider unless the provider requests family payment. Customer Support Center: **1-866-614-6005** or ND HHS 1-800-755-2716.
Special needs children may qualify for CCAP up to age 19.
**ND Medicaid**
Children in kinship care generally qualify for ND Medicaid based on income. Apply through your county social services office or ND HHS. Medicaid covers doctor visits, dental, prescriptions, mental health services, emergency care, and vision.
Children in TANF Kinship Care may also qualify for health care coverage under the program.
**SNAP (Food Assistance)**
Apply through your county social services office. The grandchildren's presence increases your household food benefit.
**Guardianship Legal Fund (Up to $2,500)**
Through Kinship-ND: up to $2,500 for initial guardianship legal costs. Must be enrolled in Kinship-ND services first. Contact hhs.nd.gov/cfs/kinshipnd.
**Title IV-E Prevention Services**
Pays for approved evidence-based prevention services that strengthen and stabilize families so children can remain safely at home. Ask your Kinship-ND contact or county social services.
**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.
North Dakota's Tribal Nation Context
North Dakota is home to five federally recognized tribes: the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara Nation) on the Fort Berthold Reservation in north-central ND; the Standing Rock Sioux Tribe (Sioux County, southern ND, shares the reservation with SD); the Spirit Lake Nation (Ramsey and Benson Counties, east-central ND); the Turtle Mountain Band of Chippewa (Rolette County, north-central ND); and the Sisseton Wahpeton Oyate (Day County, primarily SD).
North Dakota's TANF Kinship Care regulations specifically include court orders placing children with **tribal agencies** -- not just county agencies. This is an important recognition that tribal social service structures have authority parallel to county social services for tribal children.
For grandparents who are tribal members, 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. Contact your tribal social services department alongside ND HHS.
**Family Caregiver Support Program** through ND HHS serves specific counties including Benson, Cavalier, Eddy, Ramsey, Rolette, and Towner -- which includes the counties around the Spirit Lake Nation and Turtle Mountain Band reservations. Information about services, resources, respite care, supplemental services, counseling, support groups, and caregiver training.
The School Question
With a guardianship order or legal custody, school enrollment in North Dakota is straightforward.
Without legal authority: North Dakota has a POA option (up to six months) that covers some educational decisions. Get the POA executed by the incarcerated parent through NDDOC notary services as the first step.
The federal McKinney-Vento Homeless Assistance Act applies as a backup -- schools must immediately enroll children in unstable housing situations, 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 signed parental authorization to participate in planning meetings. NDDOC facilities have notary services -- contact the facility case manager.
Medical Authorization Before Court Paperwork Is Done
North Dakota's medical consent law already supports grandparent medical consent in many situations where the parent is unavailable. If you have maintained significant contact with the grandchild, you are on the list.
Get a notarized parental POA from the incarcerated parent through NDDOC notary services as the next step. The POA is valid for up to six months in North Dakota.
Apply for ND Medicaid for the grandchildren through your county social services. Medicaid enrollment does not require legal authority.
North Dakota's Geographic Reality
North Dakota is the fourth-least-populated state in the country. Fargo is the largest city (eastern ND, on the Minnesota border). Bismarck is the capital (south-central). Grand Forks is in the northeast. Minot is north-central. Williston is in the far northwest, in the Bakken oil country. The western Badlands -- stark, remote, beautiful -- have very low population density.
NDDOC facilities include the North Dakota State Penitentiary (Bismarck), the James River Correctional Center (Jamestown), and the Dakota Women's Correctional and Rehabilitation Center (New England, Hettinger County, southwestern ND). For a Fargo family visiting the NDSP in Bismarck: about 190 miles west. For a family in Williston visiting NDSP: over 200 miles southeast.
North Dakota's small population means fewer local services than in larger states. Kinship-ND exists specifically because the state recognized that families in rural counties and on reservations had no local kinship navigator infrastructure. Contact hhs.nd.gov/cfs/kinshipnd first -- do not wait for a local office to find you.
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 wakes up afraid.
North Dakota's own website tells the story of a grandfather who made a promise with his wife that the grandchildren would always be safe. She died before the children grew up. He is still keeping that promise, alone, on a North Dakota plain.
You are also carrying your feelings about your child who is incarcerated. The substance use crisis that drove the opioid epidemic hit North Dakota's small cities and reservation communities alike. The incarceration that follows does not end the connection between parent and child. It changes it. What the grandchildren need to know is that their parent still exists in the world and loves them.
The PAL program (Parents of Addicted Loved Ones) has a North Dakota presence and provides peer-to-peer support for families navigating a loved one's addiction. Weekly meetings; faith-based; evidence-based curriculum. Find local meetings through grandfamilies.org or Kinship-ND.
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.
NDDOC phone calls go through ICS Corrections / GTL. You control which numbers are approved. The grandchildren's relationship with their incarcerated parent is theirs.
ND Medicaid covers mental health services for children. If the grandchildren are struggling, ask the school counselor for a referral or the child's Medicaid 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 PAL program, a therapist, a pastor, a trusted person -- any of these is better than holding it alone across a North Dakota winter.
What to Do First: A Practical Checklist
Contact Kinship-ND first: hhs.nd.gov/cfs/kinshipnd or call ND HHS at 1-800-755-2716. Getting enrolled in Kinship-ND services is the required first step before applying for guardianship legal funding.
Read the Legal Comparison Chart from Kinship-ND resources (hhs.nd.gov/cfs/kinshipnd/resources). It compares POA, guardianship, and adoption specifically for North Dakota families.
Get a notarized POA from the incarcerated parent through NDDOC notary services. Contact the facility case manager. Valid for up to six months in North Dakota.
Apply for TANF child-only, ND Medicaid, and SNAP at your county social services office. TANF Economic Assistance Policy Division: 701-328-2332 or dhseap@nd.gov.
Apply for the Child Care Assistance Program (CCAP) if you need child care: Customer Support Center 1-866-614-6005.
Start the guardianship process through ND district court. After enrolling in Kinship-ND, apply for up to $2,500 in guardianship legal funding.
If children are in county or tribal agency custody: ask your worker about TANF Kinship Care maintenance payments and guardianship assistance payments.
If grandchildren are enrolled tribal members: contact your tribal social services and confirm ICWA applies.
Enroll the grandchildren in school. Use the POA for educational decisions; use McKinney-Vento if needed.
Take care of yourself. The promise you made -- the one you are keeping right now -- matters. You should not keep it alone.
FAQ
**What is Kinship-ND?** North Dakota HHS's dedicated kinship care program at hhs.nd.gov/cfs/kinshipnd. Provides information, resources, and support to kinship caregivers including grandparents, aunts, uncles, and fictive kin. Caregivers enrolled in Kinship-ND services can apply for up to $2,500 to help cover initial guardianship legal costs. Contact ND HHS at 1-800-755-2716.
**What is the $2,500 guardianship legal fund?** Funding available through Kinship-ND to help kinship caregivers cover the initial legal costs of obtaining guardianship. Must be enrolled in Kinship-ND services before applying. Contact hhs.nd.gov/cfs/kinshipnd.
**What does North Dakota's medical consent law mean for grandparents?** North Dakota law lists grandparents who have maintained significant contact with a child among those who may provide medical informed consent when a parent or legal guardian is not available. If the parent is incarcerated and unavailable, you may already have a basis for medical consent in many situations -- without a POA or court order.
**How long is a parental POA valid in North Dakota?** North Dakota law allows a grandparent to execute a power of attorney for a child for up to six months when the parent is in jail or incarcerated. Get it executed through NDDOC notary services. Contact the facility case manager.
**What is TANF Kinship Care in North Dakota?** A monthly maintenance payment for relatives caring for children in county or tribal agency custody (foster care). Requires a court order placing the child with the county or tribal agency; the caregiver must be within the fifth degree of kinship; child support from the parent is required. Apply through county social services. TANF Economic Assistance Policy Division: 701-328-2332 or dhseap@nd.gov.
**What tribal nations are in North Dakota and does ICWA apply?** North Dakota has five federally recognized tribes: Three Affiliated Tribes (Mandan Hidatsa Arikara), Standing Rock Sioux, Spirit Lake Nation, Turtle Mountain Band of Chippewa, and Sisseton Wahpeton Oyate. ICWA applies when child welfare proceedings involve enrolled tribal children and requires tribal notification and placement preferences. ND's TANF Kinship regulations specifically include tribal agency court orders.
**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, NDDOC phone calls through ICS Corrections/GTL. ND Medicaid covers children's mental health services; ask the school counselor or primary care provider for a referral.
[SPEC NOTE: Folder 1mWUamVufeanK-LZbmcw4rbPb7yRIWRSP. Internal CTAs: North Dakota inmate search, send money, North Dakota reentry resources, Staying Connected hub, how prison works hub. NOTE ON META TITLE: "Grandparents Raising Grandchildren in North Dakota | InmateAid" -- verify character count exactly 60; at the limit. SOURCING: hhs.nd.gov/news/funds-are-available-help-kinship-caregivers-gain-guardianship (Kinship-ND program up to $2,500 initial guardianship process; must be receiving Kinship-ND services before applying; 765+ caregivers 1,325+ children; HHS CFS Director Cory Pedersen statement); hhs.nd.gov/cfs/kinshipnd/resources (ND Economic Assistance Brochure TANF Kinship monthly financial assistance relatives caring children foster care requires child support; Child Care Assistance Program; Title IV-E Prevention Services evidence-based prevention services; Legal Comparison Chart compares POA guardianship adoption; PAL parents addicted loved ones); hhs.nd.gov/news/hhs-recognizes-importance-supporting-families-during-kinship-care-month September 2024 (grandfather guardian three grandchildren nearly decade; parents incarcerated substance use; wife passed away promise made always safe cared for; Having guardianship changed my life immensely); hhs.nd.gov/applyforhelp/tanf/kinship-care-brochure CCAP (CCAP sliding fee schedule payment directly provider; certificate issued eligible; right appeal 30 days; Customer Support Center 1-866-614-6005 or HHS 1-800-755-2716; special needs children CCAP up to age 19; licensed tribal registered self-declared approved relative child care provider); regulations.justia.com ND Admin Code 75-02-01.2-02.2 October 2024 (Kinship care monthly maintenance payment child outside parental home caretaker related within fifth degree kinship; court of competent jurisdiction order placing child care custody control county agency official county agency executive director department division juvenile services tribal agency; supportive services reimbursements child care transportation clothing emergent needs activity fees payer last resort reasonable legal fees; fifth degree kinship birth marriage adoption sibling niece nephew grandniece grandnephew grandparent aunt uncle first cousin first cousin once removed great-grandparent great-aunt great-uncle parent's first cousin great-great-grandparent great-great-aunt great-great-uncle great-great-great-grandparent; monthly maintenance payments same TANF standard of need shared living arrangement additional monthly amount established department); ndsu.edu extension grandparents 2022 (ND medical consent law list adults may provide informed consent minor needs medical treatment; parent legal guardian first; grandparents maintained significant contacts listed if parent legal guardian not available; helpful kinship caregivers; POA up to six months if parent in jail; if parent abandoned child county juvenile authorities order temporary basis; ND TANF Economic Assistance Policy Division DHS 701-328-2332 dhseap@nd.gov; child support parents responsible unless adopted grandparents custody guardianship judges may require support); grandfamilies.org ND 2021 (Guardianship assistance payments relative caregivers guardianship children exiting child welfare; Family Caregiver Support Program ND DHS information services resources respite supplemental counseling support groups training; Benson Cavalier Eddy Ramsey Rolette Towner Counties; PAL national faith-based nonprofit families adult child addiction weekly meetings evidence-based curriculum); NDDOC ICS Corrections GTL phone; NDDOC notary services; hhs.nd.gov 1-800-755-2716; 701-328-2332 dhseap@nd.gov TANF; 1-866-614-6005 CCAP; McKinney-Vento school enrollment; Social Security 1-800-772-1213. NOTE for Poorwa: verify Kinship-ND still operating hhs.nd.gov/cfs/kinshipnd current; verify $2,500 guardianship legal fund still available and enrollment-first requirement still applies; verify TANF Kinship Care ND Admin Code 75-02-01.2-02.2 fifth degree kinship and tribal agency court order requirement still current; verify 701-328-2332 dhseap@nd.gov TANF Economic Assistance still current; verify 1-800-755-2716 ND HHS main number current; verify 1-866-614-6005 CCAP Customer Support Center current; verify ND medical consent law grandparents significant contact still current statute; verify ND POA six-month limit for incarcerated parent still current; verify Legal Comparison Chart still available hhs.nd.gov/cfs/kinshipnd/resources; verify NDDOC ICS Corrections GTL phone provider; verify McKinney-Vento still applicable; verify Family Caregiver Support Program still serves listed counties; verify five tribes current ND federally recognized; len/character check before publish; verify meta title exactly 60 chars.]