Grandfamilies Act of 2023

This bill expands access to specified programs for children living with grandparents or other family members who are not their legal guardian. Specifically, the bill provides that a child of a relative eligible for Old-Age and Survivors Insurance benefits is eligible for such benefit payments if that child (1) began living with such relative before age 18, (2) receives at least 50% of their support from such relative, and (3) has lived with such relative pursuant to a court order for at least 12 months.

Additionally, the bill revises the Temporary Assistance for Needy Families (TANF) eligibility requirements for children living with specified caregiver relatives. First, the bill lessens the requirement for TANF applicants to assign their rights to child support when such assignment may impact the likelihood of reunifying the child with their noncustodial parent, such as where the noncustodial parent is working to gain financial stability so they may reunify with their child. Further, when a child, but not the caregiver relative, receives TANF benefits (i.e., child-only cases), or if the caregiver relative is 55 or older, the bill (1) excludes such caregiver’s income from that child’s eligibility determination, (2) removes the 5-year cap on assistance, and (3) exempts such caregiver relatives from TANF work requirements.

The bill also (1) encourages states to enact temporary guardianship laws, (2) provides grants for state plans to support caregiver relatives, and (3) requires the Administration for Community Living to provide grants for establishing cross-sector partnerships that support families with caregiver relatives.