State Child Welfare Policy Guide: Part of the Policy Matters Series

4.4 Medical consent and school enrollment

Many kinship caregivers who do not have legal custody encounter barriers to obtaining medical treatment and educational services for the children they are raising. Because the child’s parents retain legal custody, the relative is unable to provide consent for the child’s medical and mental health treatment or to enroll the child in school or extra-curricular activities.

Half the states and the District of Columbia have enacted legislation that authorizes grandparents and other relative caregivers to access medical care and treatment for children, and 21 states allow caregivers to enroll children in schools. These laws carry certain conditions. They generally cover a limited time period, allow parents to rescind their consent at any time, require caregiver affidavit forms, offer immunity for providers, and provide penalties for false statements. [i]

Policy Options : States can remove barriers for children and their kinship caregivers by adopting either or both of the following policies:

· Kinship caregivers can obtain legal authority to access medical care and treatment for children.

· Kinship caregivers can obtain legal authority to enroll children in school and extra-curricular activities.

· Kinship caregivers can access financial assistance in choosing medical and educational options.