(Plain Press November 2026) Kinship care is a term used to describe family arrangements in which children are living with someone other than their parents. Although kinship caregivers are often biological relatives, they can also be family by marriage or close family friends.
The kinship caregiver takes on the role of a parent, but there are legal limitations. For example, in many cases, a kinship caregiver is unable to enroll children into school, access medical care, or move them out of state.
“There are two types of kinship caregivers – informal and formal,” said Jennifer Kinsley Smith, Managing Attorney at The Legal Aid Society of Cleveland. “The difference is that formal kinship care means the caregiver is or has been involved with the county’s children services agency, whereas informal kinship care means the county was never involved. The designation is important because county involvement is often what determines if financial assistance is available.”
There are many reasons why people decide to become a kinship caregiver. “Sometimes it’s because the county has called them and tells them that if they don’t pick up the child, they will go into the foster care system,” Kinsley Smith said. “Or maybe a friend or family member steps up because they see issues and have a more stable household or more financial resources. Or there's an incident such as a loved one is hospitalized or incarcerated.”
People who choose to become a kinship caregiver face several barriers.
“Grandparents are very often the kinship caregiver but raising children today has changed. There are generational barriers like learning how to use cribs and car seats. They also face financial barriers. Grandparents might be relying on retirement savings and have a lower income,” said Kinsley Smith. “Now they have to provide for one or more children. Oftentimes the grandparents, because they did have a nest egg or assets that they've accrued over their lifetime preparing for this stage of their life, are not eligible for public benefits.”
“Housing becomes a barrier,” adds Kinsley Smith. “If a caregiver has a voucher and a child is not on your lease the voucher may be terminated. There are just a lot of legal considerations that come along with taking in a child.”
There are resources available for kinship caregivers. To learn more, go to Ohio Kinship and Adoption Navigator (OhioKan): https://ohiokan.ohio.gov/. Legal Aid may also be able to help with kinship care issues.
“Legal Aid has a kinship care task force and can help with wills and end of life documents, school enrollment, special education, lease issues related to having a kinship child in the house, public benefits and family law issues such as proof of custody.”
If you have kinship care issues, attend a Legal Aid Brief Advice Clinic to speak with an attorney for free. For a full schedule: lasclev.org/clinics. To apply for free legal services, call 888-817-3777 or apply online: lasclev.org/apply .
Tonya Sams is a Development & Communications Manager at The Legal Aid Society of Cleveland.
