Kids and caregiving when a parent is incarcerated

Emergency care plan

• If possible before sentencing or a transfer, decide who will care for the children and sign the state's authority document (see below). Without it, the caregiver may run into problems with school or doctors.
• These documents are temporary and the parent can revoke them. For long-term custody, the caregiver usually needs a court guardianship.
• Use the printable plan at the end and leave copies with the caregiver and the school.

Kinship care, guardianship and foster care: the difference

• Informal kinship care: a relative or friend cares for the child by family agreement, sometimes with a power of attorney; there is no child welfare case.
• Guardianship: a court gives the caregiver legal authority; the parents are still the parents and can ask the court to end it.
• Foster care: the state has custody through a child welfare case and the court reviews it. Federal timelines apply (below). A relative can be the foster home.

The parent's rights in child welfare court

• If there is a child welfare case, an incarcerated parent is still a party. Youth.gov says federal law requires that parents be allowed to take part in permanency hearings and administrative reviews; if you can't attend, ask to join by phone or video with help from your prison case manager and the child's social worker.
• Ask for a lawyer if you don't have one, and give the court and the agency your prison address so you get notices.
• This guide is information, not legal advice. Talk with your lawyer about your case.

Keeping in touch

• Visits, letters, drawings and calls help children and show the social worker the parent's commitment.
• Each prison has rules for child visitors (documents, an adult escort). See your system below and the visits and mail guide.

How to talk with kids

• Youth.gov recommends honest, age-appropriate explanations, preparing children before visits, talking about feelings afterward, and realistic expectations about contact and release.
• Tell the school or a counselor if the child needs support; many schools can help.

Idaho

Last checked: 2026-10-22

Short-term caregiver authority

• Power of attorney delegating parental powers (Idaho Code 15-5-104): a parent can hand over care, custody, medical and school decisions for up to 6 months. For a grandparent, the child's sibling, or an aunt or uncle, it lasts until the end date written in it, or 3 years if none is written. It cannot cover consent to marriage or adoption, and it does not need to be notarized to be valid (many offices still ask for it).
• This statute is in effect until January 1, 2027, when Idaho's new guardianship act takes effect. Check the current law before signing a new form.
• IDOC has its own limited power of attorney form that lets another adult bring a child to visits.

Kinship, guardianship and foster care

• Idaho DHW offers kinship navigation through the 211 CareLine (dial 2-1-1 and ask for a Navigation referral) and points caregivers to legal aid and court guardianship forms for longer-term custody.

Child visiting rules

• A child under 18 must be immediate family and stay with a parent or guardian during the visit. The adult sends an adult application, the child's minor application and a certified birth certificate; a guardian adds the court order or the IDOC power of attorney form. The minor application ends on the child's 16th birthday.

Benefits for the kids

• TAFI Relative Caretaker or Grandparent Grant: up to $309 a month for a related caregiver. Only the child's income and resources count, not the adult's. Proof of relationship is required (birth record, legal papers, school record and similar).
• Apply for SNAP and Medicaid for the children through DHW.

Official sources: Idaho Code 15-5-104 (opens in new tab) · IDOC POA for visitation (PDF) (opens in new tab) · IDOC visiting application (minor child) (PDF) (opens in new tab) · IDOC: Visiting application (opens in new tab) · Idaho DHW: Kinship and caregiving (opens in new tab) · Idaho DHW: TAFI for caretakers (opens in new tab)

Colorado

Last checked: 2026-10-22

Short-term caregiver authority

• Delegation of power by parent (C.R.S. 15-14-105, court form JDF 751, also in Spanish): a parent can delegate care, custody, medical and dental care, school and property decisions for up to 12 months. It is notarized and given to the caregiver; it is not filed with the court and has no filing fee. It cannot cover consent to marriage or adoption.

Kinship, guardianship and foster care

• CDHS counts relatives, friends, neighbors and others with a significant relationship to the child as kin, and lists incarceration as one reason kin step in. Most kin care happens with no child welfare case. For kin caring for a child with an open child welfare case, counties run the Colorado Kinnected kinship navigator program.

Child visiting rules

• Children under 18 are listed on the visiting application of the parent, guardian or immediate family member who brings them, with a copy of a birth certificate or adoption or guardianship order. If someone other than the parent or guardian brings the child, the parent completes Form 300-01F, Authorization for Minor Child Visitation.

Benefits for the kids

• Colorado Works (TANF) can include children who don't live with their parents. Apply on Colorado PEAK, the MyCOBenefits app, or a paper form (English or Spanish), or ask the county human services office.
• Health First Colorado (Medicaid) and SNAP for the children are also applied for through PEAK.

Official sources: Colorado Judicial: Delegation of power (JDF 751) (opens in new tab) · JDF 750 instructions (PDF) (opens in new tab) · CDHS: Kinship (opens in new tab) · CDHS: Colorado Works (opens in new tab) · CDOC: Visiting applications (opens in new tab)

Nevada

Last checked: 2026-10-22

Short-term caregiver authority

• Short-term guardianship by a parent (NRS 159A.205): a parent with legal custody can appoint a short-term guardian in writing, without a court, for up to 6 months. The parent and guardian sign before a notary. A child 14 or older must consent in writing. If the other parent is known, willing and able, that parent must consent in writing. Either parent with custody can end it in writing.

Kinship, guardianship and foster care

• Kinship Care Program (DSS): payments for relatives age 62 or older who have cared for the child at least 6 months and have Nevada court-approved guardianship, with household income below 275% of the poverty level. DSS can help with the application and may reimburse up to $750 for a lawyer to obtain guardianship if approved for the Non-Needy Relative Caretaker program.

Child visiting rules

• Visitors under 18 need a parent or guardian to approve the NDOC visiting application, and that signature must be notarized.

Benefits for the kids

• Kinship Care payments: up to $418 a month for one child age 0 to 12, $401 each for 2 or more children age 0 to 12, and $463 for each child 13 or older.
• Relatives who don't meet Kinship Care rules can apply for TANF child-only help. Child-only cases must cooperate with child support enforcement. Apply through ACCESS Nevada or a DSS office; a decision usually comes within 45 days.

Official sources: NRS 159A.205 (opens in new tab) · DSS: Kinship Care Program (opens in new tab) · DSS: TANF facts and FAQs (opens in new tab) · NDOC: Visiting information (opens in new tab) · NDOC visiting application (PDF) (opens in new tab) · Nevada DCFS (opens in new tab)

Utah

Last checked: 2026-10-22

Short-term caregiver authority

• Power of attorney for a child (Utah Code 75-5-103): a parent can delegate parental powers for up to 6 months in a notarized document, and can revoke it at any time. It is not a guardianship.
• The UDC handbook says case managers can provide the form and help get it notarized.

Kinship, guardianship and foster care

• If a child cannot stay safely at home, Utah’s Division of Child and Family Services (DCFS) prefers kinship placement: first a non-custodial parent, then relatives, then a friend the parent or child names (friends must become licensed foster parents for that child).

Child visiting rules

• Minors must come with a parent or legal guardian, or bring a notarized statement if the parent cannot come; up to 3 visitors including minors. UDC also has an Intergenerational program that connects families with DCFS.

Benefits for the kids

• Specified Relative cash help (Department of Workforce Services): for a grandparent, sibling, aunt, uncle or other relative caring for a child when both parents are absent. Only the child’s income and assets count if the help is just for the child.

Official sources: Utah DCFS: Kinship Care (opens in new tab) · Utah DWS: Specified Relative (opens in new tab) · Utah Courts: Power of Attorney (opens in new tab) · UDC: Utah Correctional Facilities Handbook (PDF) (opens in new tab)

Federal

Last checked: 2026-10-22

Short-term caregiver authority

• Caregiver authority comes from state law, so use the form for the state where the children live. For a parent in federal prison, the same state forms apply.

Kinship, guardianship and foster care

• ASFA timeline (42 U.S.C. 675(5)(E)): when a child has been in foster care for 15 of the most recent 22 months, the state must file to terminate parental rights, unless (i) the state chooses not to because the child is being cared for by a relative, (ii) the agency documents a compelling reason that filing is not in the child's best interests, or (iii) the state has not provided the services in the case plan needed for the child's safe return.
• A child counts as entering foster care on the earlier of the first court finding of abuse or neglect, or 60 days after removal (675(5)(F)).
• Foster parents and relatives caring for the child get notice of and a right to be heard in hearings (675(5)(G)).

Child visiting rules

• In federal prisons, a child under 16 may visit only with a responsible adult who supervises them; the Warden may make exceptions (28 CFR 540.44(e)). A parent or legal guardian signs the visitor form for anyone under 18.

Benefits for the kids

• TANF is run by each state; many states give a "child-only" grant to a relative raising a child, based mostly on the child's needs. SNAP and Medicaid/CHIP for the children are applied for through the state agency where they live.

Official sources: 42 U.S.C. 675 (opens in new tab) · 28 CFR 540.44 (opens in new tab) · Youth.gov: Children of incarcerated parents (opens in new tab) · Youth.gov: Guide for incarcerated parents with a child welfare case (PDF) (opens in new tab) · Child Welfare Information Gateway: Families affected by parental incarceration (opens in new tab) · USDA: SNAP eligibility (opens in new tab) · Medicaid.gov: CHIP (opens in new tab)

Other states

We haven't verified these states' rules yet. Find the state in the official Child Welfare Information Gateway state contacts directory (opens in new tab) to reach its child welfare agency:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming
• District of Columbia