Kinship Care: Legal Relationships and Public Benefits Guide
by: Atlanta Legal Aid Society
PublicBenefits
What do benefits have to do with kinship care?
ØThe type of legal relationship you have with your grandchild can affect the type of public benefits that your grandchild receives
ØUnderstanding the different benefits available will help you make informed decisions
What is TANF?
ØTemporary Assistance to Needy Families.
ØA monthly payment plus Medicaid insurance coverage for the child
ØA monthly payment of $155/month for 1 child; $235 for 2; $280 for 3; etc.
ØChildren who do not live with their biological or adoptive parents are eligible to receive TANF benefits on their own
ØTo apply, contact the Division of Family and Children Services (DFCS) office in the county where the child lives
What is Medicaid?
ØHealth insurance for people with little or no income
ØTo apply for Medicaid or for more information, call 1-800-809-7276
What is PeachCare for Kids?
ØHealthcare for children in low income families
ØIf the child is eligible for Medicaid, the child cannot qualify for PeachCare for Kids
ØNo cost for children ages 5 and under
ØPremiums are based on family income for children over 5
ØTo apply for PeachCare for Kids or for more information, call 1-877-427-3224
What are Food Stamps?
ØA monthly subsidy to be used on approved food items
ØIntended for households, not for individuals
ØEligibility is based on the income and assets of the household
ØFor more information, call DFCS at 1-800-869-1150
What are Social Security Benefits?
ØRetirement and disability benefits for people who worked enough quarters to qualify
ØChildren of people who receive Social Security may be eligible to receive benefits, if they meet certain conditions
ØSocial Security Survivor's benefits are for children whose parents are deceased but the parents worked enough quarters to qualify
ØFor more information, call Social Security at 1-800-772-1213
What is Supplemental Security Income (SSI)?
ØSSI pays monthly benefits to older and disabled people who have not worked enough quarters to qualify for regular Social Security benefits and have the need for financial assistance based on their income and assets
ØIf the grandparent qualifies for SSI, the grandparent will qualify for Medicaid
ØFor more information, call Social Security at 1-800-772-1213
What is Public Housing?
ØSubsidized housing for people who receive little or no income
ØTenants are usually allowed to have relatives living with them but must tell the landlord
ØTenants must tell the landlord of any income changes
ØMinor children cannot live in senior-only communities
ØFor questions, contact your local housing authority
Adoption
What is Adoption?
ØCreates a legal parent/child relationship between the grandparent and the child
ØCuts off any existing legal relationship between the child and the child's biological parents
ØThe adoptive parent is responsible for the care, custody, and support of the minor child
ØAdoption is permanent
To be eligible to adopt in Georgia, the grandparent must:
Have lived in Georgia for at least 6 months before filing the adoption,
Be at least 10 years older than the child,
Must be at least 25 years old, unless married and living with spouse,
If married, must adopt with spouse; and
Have the ability to take care of the child.
Where do you file a petition for adoption?
ØSuperior Court for the county where the adoptive parents live
Under what circumstances may I adopt my grandchild?
ØWhen the biological parents agree to the adoption, or
ØWhen, in certain circumstances, the court takes away the parents' rights
Affect of Adoptions on Public Benefits
Can an adoption affect TANF eligibility?
ØYES
ØBefore adoption, children who are not living with their biological parents are eligible to receive their own TANF benefits
ØAfter the adoption, the adoptive parents' income must be counted; depending on the adoptive parents' income, the children may lose their TANF benefits after the adoption
ØMedicaid comes with TANF; if the child loses TANF, Medicaid will be lost (except in special circumstances)
Can an adoption affect Food Stamp eligibility?
ØNo, eligibility should not change
How can an adoption affect Social Security benefits?
ØIf the adoptive parent is receiving regular Social Security benefits (not SSI), the adopted child may be eligible to receive a child's share of the Social Security benefits
ØIf the adopted child is receiving or eligible to receive Social Security survivor's benefits, the benefits should continue after the adoption
ØThe adopted child cannot receive survivor's benefits if the biological parents died after the adoption
Can an adoption affect Supplemental Security Income (SSI)?
ØIf a child receiving SSI is adopted, the child's SSI should not be terminated; however, the amount the child receives might change depending on the household income
Adoption Assistance Benefits
Monthly Adoption Assistance Benefits
ØUsually only available to children who were in foster care or are receiving SSI
ØA monthly payment, per child, with Medicaid
ØMust apply at DFCS before the court finalizes the adoption
ØTo qualify, the child must also be "special needs" and eligible for TANF.
One-time Adoption Assistance
ØA one-time payment to cover the required adoption fees, court costs, attorney fees, and other expenses associated with the adoption
ØThe child must be "special needs"
ØThe maximum available for attorney fees is $2,000 per child
ØMust apply at DFCS before the court finalizes the adoption
What is a "special needs" child?
ØA child of black heritage at least 1 year old
ØA child of any heritage at least 8 years old
ØA child with a documented physical, emotional, or mental problem
ØA child with a sibling that falls into one of the other categories
ØA child in a group of 3 or more siblings to be adopted together
Last Reviewed On: 09/28/06
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Copyright and Use Notice
This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
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