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Find Legal Help On Rights of Grandparents
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By: Atlanta Legal Aid Society
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Kinship Care: Legal Relationships and Public Benefits Guide
by: Atlanta Legal Aid Society

Public Benefits

 

What do benefits have to do with kinship care?

 

Ø      The type of legal relationship you have with your grandchild can affect the type of public benefits that your grandchild receives 

 

Ø      Understanding the different benefits available will help you make informed decisions

 

What is TANF?

 

Ø      Temporary Assistance to Needy Families.

Ø      A monthly payment plus Medicaid insurance coverage for the child

Ø      A monthly payment of $155/month for 1 child; $235 for 2; $280 for 3; etc.

Ø      Children who do not live with their biological or adoptive parents are eligible to receive TANF benefits on their own

 

Ø      To apply, contact the Division of Family and Children Services (DFCS) office in the county where the child lives

 

What is Medicaid?

Ø      Health insurance for people with little or no income

Ø      To apply for Medicaid or for more information, call 1-800-809-7276

What is PeachCare for Kids? 

 

Ø      Healthcare for children in low income families

 

Ø      If the child is eligible for Medicaid, the child cannot qualify for PeachCare for Kids

 

Ø      No cost for children ages 5 and under

Ø      Premiums are based on family income for children over 5

Ø      To apply for PeachCare for Kids or for more information, call 1-877-427-3224

 

What are Food Stamps?

 

Ø      A monthly subsidy to be used on approved food items

Ø      Intended for households, not for individuals

Ø      Eligibility is based on the income and assets of the household

Ø      For more information, call DFCS at 1-800-869-1150

 

What are Social Security Benefits?

Ø      Retirement and disability benefits for people who worked enough quarters to qualify

 

Ø      Children of people who receive Social Security may be eligible to receive benefits, if they meet certain conditions

 

Ø      Social Security Survivor's benefits are for children whose parents are deceased but the parents worked enough quarters to qualify

 

Ø      For more information, call Social Security at 1-800-772-1213

 

What is Supplemental Security Income (SSI)?

 

Ø      SSI 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

 

Ø      If the grandparent qualifies for SSI, the grandparent will qualify for Medicaid

 

Ø      For more information, call Social Security at 1-800-772-1213

 

What is Public Housing?

 

Ø      Subsidized housing for people who receive little or no income

 

Ø      Tenants are usually allowed to have relatives living with them but must tell the landlord

 

Ø      Tenants must tell the landlord of any income changes

 

Ø      Minor children cannot live in senior-only communities

 

Ø      For questions, contact your local housing authority

 


Adoption

 

What is Adoption?

 

Ø      Creates a legal parent/child relationship between the grandparent and the child 

 

Ø      Cuts off any existing legal relationship between the child and the child's biological parents

 

Ø      The adoptive parent is responsible for the care, custody, and support of the minor child

 

Ø      Adoption is permanent

 

To be eligible to adopt in Georgia, the grandparent must:

 

  1. Have lived in Georgia for at least 6 months before filing the adoption,
  2. Be at least 10 years older than the child,
  3. Must be at least 25 years old, unless married and living with spouse,
  4. If married, must adopt with spouse; and
  5. Have the ability to take care of the child.

Where do you file a petition for adoption?

Ø      Superior Court for the county where the adoptive parents live

 

Under what circumstances may I adopt my grandchild?

 

Ø      When the biological parents agree to the adoption, or

 

Ø      When, in certain circumstances, the court takes away the parents' rights

 

Affect of Adoptions on Public Benefits

 

Can an adoption affect TANF eligibility?

 

Ø      YES

Ø      Before adoption, children who are not living with their biological parents are eligible to receive their own TANF benefits

 

Ø      After 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

 

Ø      Medicaid comes with TANF; if the child loses TANF, Medicaid will be lost (except in special circumstances)

 

Can an adoption affect Food Stamp eligibility?

 

Ø      No, eligibility should not change

 

How can an adoption affect Social Security benefits?

 

Ø      If 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

 

Ø      If the adopted child is receiving or eligible to receive Social Security survivor's benefits, the benefits should continue after the adoption

 

Ø      The adopted child cannot receive survivor's benefits if the biological parents died after the adoption

 

Can an adoption affect Supplemental Security Income (SSI)?

 

Ø      If 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

 

Ø      Usually only available to children who were in foster care or are receiving SSI

 

Ø      A monthly payment, per child, with Medicaid

 

Ø      Must apply at DFCS before the court finalizes the adoption

 

Ø      To qualify, the child must also be "special needs" and eligible for TANF.

 

One-time Adoption Assistance

 

Ø      A one-time payment to cover the required adoption fees, court costs, attorney fees, and other expenses associated with the adoption

 

Ø      The child must be "special needs"

Ø      The maximum available for attorney fees is $2,000 per child

Ø      Must apply at DFCS before the court finalizes the adoption

 

What is a "special needs" child?

Ø      A child of black heritage at least 1 year old

Ø      A child of any heritage at least 8 years old

Ø      A child with a documented physical, emotional, or mental problem

Ø      A child with a sibling that falls into one of the other categories

 Ø A child in a group of 3 or more siblings to be adopted together
Last Reviewed On: 09/28/06
 
 

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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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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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