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Kinship Caregiver Affidavit for the United States

Kinship Caregiver Affidavit Template for United States

A Kinship Caregiver Affidavit is a legal document used in the United States that enables a relative or close family friend to make certain decisions on behalf of a child in their care when the parents are unable to do so. This document, which varies by state jurisdiction, typically grants authority for educational enrollment, medical care decisions, and other daily care responsibilities. It serves as a less formal alternative to legal guardianship while still providing necessary authorization for caregivers to act in the child's best interest.

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What is a Kinship Caregiver Affidavit?

The Kinship Caregiver Affidavit emerged from the need to provide legal recognition to informal caregiving arrangements, particularly when parents are temporarily unable to care for their children due to various circumstances such as illness, incarceration, or military deployment. This document, which must comply with state-specific requirements, allows caregivers to make essential decisions regarding the child's education, healthcare, and daily needs without going through the formal court process of guardianship. The affidavit typically includes detailed information about the caregiver's relationship to the child, the scope of caregiving authority, and relevant contact information for all parties involved.

What sections should be included in a Kinship Caregiver Affidavit?

1. Identification of Parties: Details of caregiver and child(ren), including full legal names and relationships

2. Declaration of Authority: Statement of caregiver's authority and relationship to the child

3. Child Information: Child's full name, date of birth, and current address

4. Parent Information: Information about biological/legal parents, including whereabouts if known

5. Caregiver Attestation: Sworn statements regarding caregiver's ability and commitment to care

What sections are optional to include in a Kinship Caregiver Affidavit?

1. Healthcare Authorization: Specific medical decision-making powers, used when medical authority is needed

2. Educational Authorization: School enrollment and educational decision-making powers, used for school-age children

3. Financial Responsibility: Declaration of financial obligations, used when clarity on financial matters is needed

What schedules should be included in a Kinship Caregiver Affidavit?

1. Schedule A - Contact Information: Emergency contacts and other important phone numbers

2. Schedule B - Medical History: Child's medical history, allergies, and current medications

3. Schedule C - Supporting Documentation: Copies of relevant documents (birth certificates, court orders, etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Clauses




















Industries

FERPA: Federal Educational Rights and Privacy Act - Federal law that protects the privacy of student education records and gives parents certain rights with respect to their children's education records

McKinney-Vento Homeless Assistance Act: Federal law that ensures immediate enrollment and educational stability for homeless children and youth, including those in kinship care arrangements

Every Student Succeeds Act (ESSA): Federal education law that includes provisions for supporting the education of children in kinship care arrangements

State Education Codes: State-specific laws governing school enrollment, attendance, and educational decision-making rights for kinship caregivers

State Healthcare Consent Laws: State-specific regulations determining who can provide consent for medical treatment of minors and what documentation is required

HIPAA: Health Insurance Portability and Accountability Act - Federal law governing medical privacy and access to healthcare information

State Child Custody Regulations: State-specific laws governing custody arrangements, including temporary and permanent custody rights for kinship caregivers

Child Protection Laws: State and federal laws designed to protect children from abuse and neglect, including reporting requirements and intervention procedures

Foster Care Regulations: State-specific rules governing foster care arrangements, which may apply to formal kinship care situations

State Notary Requirements: State-specific rules for document notarization, including requirements for affidavits and sworn statements

Affidavit Duration Requirements: State-specific rules regarding how long a kinship caregiver affidavit remains valid and what renewal procedures are necessary

State Precedent Cases: Relevant court decisions that have established precedents regarding kinship care arrangements and caregiver rights in the state

Teams

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