UW-Extension Cooperative Extension - Family Living Programs
 

National Satellite Video Conference
Tuesday, January 12, 1999


  Broadcast Questions and Answers

Please note that many of the questions submitted to the January 12 satellite panel were similar. To provide more information and answer more questions, we have grouped similar questions though they might not be identical. We suggest that you read the answers to those questions similar to those submitted by participants at your site. We are sorry that we cannot answer each question individually.

Many of the questions submitted were extremely personal or individualized. We have tried to provide some general information but suggest that grandparents seek additional help from their Area Agency on Aging, a legal aid organization, or mental health professional.  The American Association of Retired Persons (AARP) Grandparent Information Center has a wealth of information.

Questions that were beyond the expertise of the panel members were answered by Cooperative Extension colleagues from throughout the country. Thanks also to Ethel Dunn, Grandparents United for Children’s Rights for assisting with some of the questions.  Finally, we appreciate the help of Faith Mullen, AARP Public Policy Institute, who answered questions about welfare reform, TANF and other financila assistance. Many of the questions required legal consultation which we are not qualified to provide.

Because the financial and legal circumstances of grandparents are unique, they should seek individual and personalized assistance specific to their situation and state.  Therefore we have provided brief answers with details on where grandparents can obtain more advice.  We feel this is in the grandparents’ best interest because they will be less likely to misinterpret information or apply information relevant to another state to themselves. The Area Agency on Aging may be able to connect them with professionals qualified to give low-cost or free advice.
 
 



Questions and Answers posted February 5, 1999:
Resources and References
Information on Kentucky Senate Bill 205
Legal Issues
Taxes and Social Security
Elder Abuse
Support Groups
Numbers of grandchildren raised by grandparents

Questions and Answers posted February 22, 1999:
Welfare Reform and TANF Benefits
Grandchildren's Emotional Concerns

Questions and Answers posted March 10, 1999:
Legal and Financial Assistance
Adoption and Custody
Grandparent's Rights
Inter-State Compact
Grandchildren's Rights
Changing Legislation
"Fitness" of Grandparents
Education and Resources
Hope Unlimited's Second Motherhood and New Horizons Program

 



Are there resources I can recommend to grandparents or to professionals I work with?

Many of the questions posed during the broadcast can be answered more thoroughly with some detailed resources. Many of these were listed in the program participant’s packet.

We recently learned of a hot-off-the-press book written for grandparents by a counselor who was raised by her grandparents. It has chapters on making the commitment to parent again, inheriting a troubled child, new parenting skills, “where did I go wrong”, an extensive list of publications and resources and more. It’s very readable and we think it will address many of the questions grandparents have about the emotional issues of raising grandchildren.

To Grandma’s House We…Stay, by Sally Houtman, M.S.
Copyright 1999 by Studio 4 Productions,   ISBN# 1-882349-05-9
Studio 4 Productions
P.O. Box 280400; Northridge, CA 91328-0400; phone: 818-700-2522

This book is listed and described in the program participant’s guide and will also be useful to professionals and grandparents:
Grandparents as Parents: A Survival Guide for Raising a Second Family, by Sylvie De Toledo and Deborah Edler Brown
Copyright 1995 by Guilford Press, New York,  ISBN# 1-57230-011-6,  #1-57230-020-5

The American Association of Retired Persons (AARP) Grandparent Information Center (GIC) is geared toward grandparents of any age. Call AARP at 1-800-424-3410 or contact GIC directly at 202-434-2296. See the GIC web site at http://www.aarp.org/getans/consumer/grandparents.html
 
 



How can I learn more about or get a copy of Kentucky’s law about Grandparents Raising Grandchildren – Senate Bill 205?

Kentucky Senate Bill 205 is available on the internet at:
http://www.lrc.state.ky.us/record/98rs/SB205.htm

If you’d like to talk to someone about the process of formulating the bill and getting it passed, working with legislators, etc. the following persons have offered to provide more details. (You’ll recognize Wayne Harper and Nancy Andrews from the program video and Bill Callahan as one of the panel members.)

Wayne Harper, Licensed Counseling Psychologist
Raskin and Associates, Psychology Resource Group
Norwood Office Park, 7400 La Grange Rd.
Louisville, KY 40233
(502) 394-9990

Nancy Andrews
Aging Services Coordinator, Department of Social Services
Lexington-Fayette Urban County Government
200 East Mail Street
Lexington, KY 40507
(606) 258-3806

Bill Callahan
Assistant Business Manager
International Brotherhood of Electrical Workers, Local Union 369
4315 South Preston Hwy.
P.O. Box 36275
Louisville, KY 40233
(502) 368-2568
 
 



Questions about Legal Issues: The answers to these questions are interrelated. The legal system can be overwhelming for professionals and grandparents, especially those with limited financial resources.

First, as was mentioned in the videoconference, there are many financial and emotional challenges to raising a grandchild. Grandparents should consider all their short-term and long-term options before deciding they want custody. Getting formal legal custody or guardianship can be time consuming, expensive and emotionally exhausting. There are several chapters in “To Grandma’s House We … Stay” (details above) that address some of the issues that grandparents need to address before making a commitment to raising a grandchild.

If you do decide to pursue guardianship – or want more information about it – the specifics vary by state. Legal guardianship temporarily suspends the parent's custodial rights, but allows the parent to continue to play a role in the child's life.

Many grandparents have guardianship but are concerned about who can help them if they become temporarily incapacitated or who can take their place if they die. Most states have an option called “standby guardianship” which can be both temporary or permanent. A standby guardian takes responsibility and has legal standing only when the guardian is unable to do so, such as during temporary illness, or permanently in the case of death. As with anyone who has responsibility or guardianship for minors, grandparents caring for grandchildren should make legal arrangements for the children’s care if they die.

For details on standby and other guardianship petitions, see the web site http://www.igc.org/justice/cjc/lspc/manual/cover.html  The site contains a document called Grandparent Caregivers: A National Guide.  It reviews some guidelines on petitioning for guardianship, legal fees, and how to start the process.

This website also provides an overview of Dependency Issues, Legal Guardianship, Foster Care, Indian Child Welfare Act, Adoption, and School Issues and provides links to some specific states for more information.

The County Clerk’s office in any county can also provide some details on how to apply for guardianship such as the fees involved and the papers that need to be completed.

Other resources for advice on legal issues, custody and guardianship:
Author: National Committee to Preserve Social Security and Medicare
Title: Grandparents' Guide to Navigating the Legal System,  Publication Date: 1997
Brief Description: 10 page booklet contains general information about grandparents raising grandchildren, why grandparents go to court, the advantages of representing oneself, how grandparents can ease the financial burden of raising their grandchildren, and who to contact for more information.
Ordering Information: National Committee to Preserve Social Security and Medicare, Suite 800, 2000 K St., NW, Washington DC 20006  Phone: 1-800-966-1935

For publications specific to New York state residents, see
http://www.brookdale.org/gpc/help_gpc.html

Illinois Department on Aging
Title: Tips for Grandparents who are Raising Grandchildren in Illinois: Legal Assistance
Brief Description: 2 page fact sheet contains information about obtaining free legal advice through Prairie State Legal Services about custody, guardianship, visitation rights, and eligibility for public benefits. It also contains information about the locations of Prairie State Legal Services.
Ordering Information: Illinois Department on Aging, 421 East Capitol Ave., Suite 100,
Springfield, IL 62701-1789
Phone No: 1-800-252-8966 (Illinois only); (217)-785-3356 (outside of Illinois)
FAX: (217)-785-4477 E-mail: ilsenior@age084rd.state.il.us
 
 



Questions about taxes and Social Security: Grandparents raising grandchildren may qualify for tax credits such as:
Earned Income Credit (EIC)
Child and dependent care tax or
Credit for the elderly or disabled
in addition to possibly qualifying for deductions. However, every situation must be examined individually and in its entirety.

For free tax help, contact the IRS at 1-800-829-1040.
Some communities have volunteers who provide free tax return preparation assistance to senior citizens. The Benefit Specialist at your local Agency on Aging may also be able to answer some of these questions. AARP also provides some assistance with tax questions. (Number above.)

Questions about Social Security should be directed to the grandparent’s local Social Security Administration.

This publication may also answer some questions about taxes and Social Security :Author: National Committee to Preserve Social Security and Medicare
Title: Grandparents' Guide to Navigating the Legal System
Brief Description: published in 1997, 10 page booklet contains general information about grandparents raising grandchildren, why grandparents go to court, the advantages of representing oneself, how grandparents can ease the financial burden of raising their grandchildren, and who to contact for more information.
Ordering Information: National Committee to Preserve Social Security and Medicare, Suite 800, 2000 K St., NW, Washington DC 20006  Phone No: 1-800-966-1935
 
 



Questions about “Elder Abuse”: Grandparents are not liable or responsible for adult children or grandchildren. Yet many are fearful of losing custody of minor grandchildren if they complain or are embarrassed to admit they are being abused. Children may threaten abuse as a way to manipulate the grandparent. Professionals working in domestic abuse know that the issues are often very complicated and challenging.

Grandparents must learn to recognize signs of abuse. Senior citizen organizations, grandparent support groups, groups such as Al-Anon or others that address co-dependency and “enabling” behaviors, case workers, advocates and others can help develop awareness of elder abuse and provide information on where to go for help.

All states have Elder Abuse laws. Contact the state Department of Justice or Attorney General’s office for assistance or referral. The Area Agency on Aging can provide some details. Many communities have domestic abuse programs. Even those programs that focus on help for younger families may be able to provide some help to grandparents – such as legal referrals or counseling.
 
 



Questions about Support Groups: The Brookdale Foundation Group provides funding to a limited number of states annually to help develop support groups. Contact them for request for proposal or other information.
The Brookdale Foundation Group
126 East 56th Street
New York, NY 10022-3668
Send e-mail to: BkdlFdn@aol.com  or look at the web site at http://www.ewol.com/brookdale
Phone: 212-308-7355

You may also want to explore funding through a local United Way agency, religious organization, Family Resource Center or other local resources.

There are books and resources available that provide guidance on setting up and maintaining support groups. AARP’s GIC has a flyer on grandparent support groups. Check with your local library for resources or try Effective Support Groups: How to Plan, Design, Facilitate, and Enjoy Them by Jane E. Miller, 1998, Willowgreen Publishing Co.

Also see Starting a Support Group, listed as part of the AARP materials under organizations and resources in the participant packet (available on this web site.)

There are advantages and disadvantages to having professionals facilitate support groups. They may be able to provide more continuity and sustainability and a skilled facilitator may help the group function more appropriately and help the participants take part more fully in the discussion. Having a grandparent as facilitator brings great credibility to the group and may also help the grandparents feel more empowered. Providing support group facilitation training to some grandparents may help provide both credibility and productive meetings. Some groups have co-facilitators, bringing together the skills of a professional and grandparents.

Having an agency “sponsor” or maintain support groups helps with continuity and maintenance of the group, though it’s not required. People can begin connecting through churches, YMCA/YWCAs, Big Brother/Sister programs, Senior Centers, and other places. School counselors often start support groups for children with special needs. You can begin by starting with a program for grandchildren and then reaching out to grandparents, or vice versa.

Support groups can be beneficial for many grandparents and grandchildren. But they are not for everyone at anytime. We can’t beg grandparents to get involved. Perhaps they would be more likely to take part if there were a specific educational program or outing. It is not uncommon for some persons to attend support groups for a while, then feel their needs were met and chose to not take part. We saw on the video that grandparents were more likely to attend their support group meeting if the kids had a concurrent activity they wanted to go to.  We al;so saw on the video that it may take a while for grandparents to recognize the support group as a helpful resource and either begin to attend or continue to attend regularly.

What about grandparents with multiple needs? If they are in an area with many human services programs, they may have a choice of support groups. If this is the case, the grandparent needs to decide what the most primary need is and find a group that focuses on that. Or they may want to try a couple of different groups and chose the one where they feel the most comfortable. If options are not available, perhaps a more “general” support group for grandparents or other caregivers would be the best start.

Grandparents in rural areas without a support group may find comfort in other ways. There are Internet chat lines that connect grandparents raising grandchildren – available 24 hours a day. Others may find help through newsletters or books.
 
 



How can I get more data on the number of grandchildren being raised by grandparents?

As we mentioned in the videoconference, it is impossible to know the exact number of children being care for by grandparents. The 2000 Census will ask more specifically about grandparents raising grandchildren. For more information, see the article by the Census Bureau in the facilitator packet for the January 12 program (available on this web page).

One extension educator was able to get more specific numbers by contacting her county human services agency and asking the number of children whose caregiver receives “kinship care” payments. They broke the number down into those who were cared for by grandparents and those cared for by other relatives. These numbers were helpful but do not include grandparents who do not qualify for or request Kinship Care payments.
 
 
 



Questions about welfare reform, TANF and other financial assistance:
Thanks to Faith Mullen, AARP Public Policy Institute for answering these questions.

1.  The TANF “Child Only Grant” has recently come under attack; an article in the Washington Post claimed many grandparents did not need to the assistance and are soaking the system for benefits without having to adhere to Welfare laws. How may grandparents receive the benefit? How do we make sure access to these benefits is protected? How does the recent welfare reform legislation respond to make allowances for grandparents who are primary caregiver?
 
It’s very important how we characterize grandparent-headed households. It is true that grandparents (and other caretaker relatives) can obtain benefits on behalf of their grandchildren without being part of the TANF assistance unit. It is also true that the time limits and work requirements that apply to individuals who are part of an assistance unit do not apply to these families. That does not mean that these families are failing to adhere to the law or “soaking the system.” It means instead that the law has made a small accommodation to recognize that some children are without the financial support of either parent and that providing round-the-clock care for someone else’s child is work.

As for not needing the benefit, it is important to keep in mind that while many grandparent-headed households could not meet the strict income and asset limits of the TANF program, many of these in turn are still unable to provide for their grandchildren without assistance. In 1998 the federal poverty level for a family of two was $10,850. In a study that will be released this year by AARP, the grandparent-headed households where no parent was present (the only ones that can obtain a child only benefit) 35 percent had incomes under $10,000, and 74 percent had under $30,000. These are not wealthy families by any leap of the imagination, and the addition of grandchildren may plunge some of these families into poverty.

2.  How can we lobby for grandparents so they can receive as much financial assistance as foster care parents?

The first step is to understand as much as possible about how the foster care system operates in your state. It is not enough to make a simple dollar-for-dollar comparison between foster care and TANF. Although foster care benefits are more generous, they come at the price of increased court and social service involvement. The main goal of foster care is something called “permanency planning,” returning children to their parents’ custody or finding a permanent home. Foster care is not designed to be a long-term arrangement. The challenge for advocates for grandparents is to create some fiscally responsible program that recognizes the special needs of grandparent-headed households. Another stop for advocates is to look at how other states address the problem and whether they offer a satisfactory solution. For example, both Illinois and Wisconsin provide a kinship care program to address the needs of grandparent-headed families.

3.  I have legal custody of an 11 year old granddaughter. I am 65. I received a check but it is not equal to what foster parents get and with welfare reform, how much longer can I receive this? The case worker has asked me to adopt. Will financial assistance be available? I’m receiving a small pension and social security but not enough to raise her properly.

It is not clear from your question whether you receive TANF benefits for your granddaughter or if you receive some other state benefit. Before you take any action, you should speak with a legal aid lawyer in your state who can help you decide what is best for your granddaughter. Adoption has legal consequences that go beyond TANF eligibility.

At this time, no state imposes a time limit on TANF benefits for grandparents who have not been part of the TANF assistance unit. In theory you could receive benefits indefinitely for your granddaughter (at least until your state changes its law.)

If you adopt your granddaughter, then for TANF purposes, you will become her parents and will be held to the same eligibility standards and time limits as any other parent. Since you are already working you may have too much income (or too much in savings) to qualify for any TANF benefits (it depends on your state). Also, time limits apply to parents. Each state selects a 24 to 60 month time limit.

4.  In general, how has welfare reform impact grandparents caring for grandchildren?

It may be too early to tell. The Person Responsibility and Work Opportunity Reconciliation Act was signed into law in August 1996. States then had some time to implement the law, but are only now starting to think about how the choices they make will affect grandparent-headed families.

In most states benefit amounts have changed only slightly (some increased, some decreased), and not state has abolished the child-only grant. Grandparents who are part of the assistance unit are now required to meet TANF work requirements (unless they are exempt for some reason). In some states, grandparents who are part of the assistance unit are starting to run into time limits.

One thing to watch for will be whether there is a surge in grandparent headed households when parents exhaust their lifetime TANF benefits (60 months).

5.  Welfare reform requires the parent to seek employment and will help the parent obtain childcare. All grandparents raising children are not at retirement ages. What kind of assistance is available to help the grandparents with childcare while the grandparent works?

It depends on the state, even the county. Grandparents who are required to work (because they are part of the TANF assistance unit) are entitled to the same childcare assistance parents receive.

6.  In welfare-to-work states, many grandparents are being required to return to work, including those raising grandchildren. As a result, many grandchildren are being forced into childcare situations with strangers or that are often subpar in caregiving. Is their any legislation anywhere addressing this problem?

Not that we are aware of. Any legislation on the subject is most likely to take place at the state level.

7.  Has welfare reform impacted parents forcing them to have grandparents take over care of children while they search for a substantial job with benefits?

It’s hare to say because grandparents provide all different kinds of care for their grandchildren, ranging from baby-sitting to full-time custody. If parents are out of the home spending more time looking for work, it seems likely that grandparents would help fill that gap in childcare. At this point, it’s too early to know if job search requirements have pushed more grandparents into the role of full-time caregiver.
 
 



Questions about emotional concerns of grandchildren:
Thanks to Karen DeBord, North Carolina State University Cooperative Extension Child Development Specialist for responding to these questions.

1.  How can children deal with their feelings associated with their stress, over feeling they were disowned and how can grandparents help children work though their personal anger?

There are several dimensions to the concerns over emotional stress and coping. Since Grandparenting (as primary caregivers) is a relatively new phenomena, we need to pull from related literature for some clues. We can turn to some information about foster care, to divorcing families, and step families for some advice.  First, we need to look at the developmental level of the child in question.  Emotional responses develop in stages just like cognitive development does.  The combination of what a child can or cannot understand will help any caring adult determine how to support the child.  One publication you can refer to is Children and Stress located at :
http://www.nncc.org/Guidance/cope.stress.html

What we know is that even for children who have been abused, there is a great desire to try again and again with their biological parents. Young children in particular want very much to please the adults in their lives.  They are also ego-centric and they will feel as if they are the cause and may try to act more angelic trying to "be with their parents."  In other cases, children who have been passed from home to home will have their trust chiseled away and they will have great difficulty "trusting" any adult.  This must be built.  Trust is the first emotional development stage.  Erickson says that if we can't resolve each stage, we may need to revisit it.  Trust building comes through relationship building and consistency.  Stick to your word, if you make promises, keep them, pick the child up on time, come back to them, establish a routine they can count on.  These are strategies to start with.

Another thought in this area is to build the relationship and work on the emotional feelings together through play and books.  Children love to play and often they can play out their feelings.  Adults who are not available to help guide the play, reflect the feelings and remove themselves from this important time may have greater difficulty in helping children deal with their feelings.  Do things together, take walks, go to the park, garden, bike, play cards or board games, cook, wash windows, shop, take a picnic, work with blocks or cars, use play dough, draw on paper together.  Any of these activities can open up conversations and actions where the child can address his/her feelings. Young children cannot name their feelings.  Their play about their feelings will be less sophisticated and it may be confusing to even adults.  Professional counseling may be necessary to work through whatever traumas may have been in this child's past.

Another activity that can draw a child and an adult closer together and build trust and a sense of belonging is reading together.  There are many excellent (and award winning) books.  Ask a  librarian to suggest a few books on your child's reading level that you can read to and with the child.  Ask for books that address the feelings of loss, separation, anxiety and fear. There is a list of books that address some of these topics relative to the related topic of divorce in this fact sheet: http://www.nncc.org/Child.Dev/effectsdivorce.html

2.  How can school system and child care providers help children who are experiencing stress related to losing their sense of family and their biological parents?

Many of the same activities that are listed in question 1 will be helpful. Additionally, school systems have been known to establish support groups for children whose parents are going through a divorce.  If there is a critical mass of children (particularly late elementary age and older) who are experiencing loss of parents for whatever reason, they will have similar feelings and may benefit from a group support effort where they can read together, talk together and be guided by a sensitive, caring adult with a counseling background to help them deal with their feelings.  Coping strategies can be taught.  The grandparents should keep the school informed. Teachers who know what is going on in a child's life can be more informed and not blame the child needlessly for potential negative behavior and instead work with the child with a sensitive understanding.

Professionals must also pull from the resiliency literature in understanding what factors are SUPPORTIVE or PROTECTIVE factors for children.  I would refer you to this site:
http://www.nnfr.org/general/publication.html

3.  How can grandparents feel they can be successful in raising a second generation when they were a failure with their own children who left them in this new predicament?

On the videoconference, we pointed out that parenting is not the only factor in influencing the adult children's poor choices.  Many grandparents raising grandchildren have parented other children who have made different choices.

Again, since this is a new area, I'm not sure there are focused studies that would respond to this question.   A few thoughts from related literature...
- Parents do the best they can but life circumstances often change.  At the time they were raising their child, they may have been immature, irresponsible, and have many additional life stressors.  Maybe with age, they have learned to deal with these.
- Placements for children who need foster care is scarce.  There are always campaigns to recruit new homes.  A family or home setting is optimal as compared to placing children in a group home.  If there is a relative willing to take on this responsibility, this option is certainly considered in the best interest of the child as opposed to a group home or unrelated foster placement if the home is deemed acceptable. What social workers are looking for is a stable environment so children can begin to thrive and not be so consumed with where their next meal will come from among other concerns.
- Many states are requiring parenting education for divorcing parents. Many of those parents come to the learning sessions feeling hostility and angered by the class requirement.  They leave realizing how important it is not to put their child in the middle and to protect them particularly during their developmental years.  This may be a policy consideration for such circumstances-- parenting classes before placements.  I know in order to be a foster parent you must engage in several hours of training.  I am not sure how it varies from state to state when grandparents become the parents.
- Sometimes parents (and grandparents) do not see the value or need for parenting education. But what parent educators see over and over again is that when parents do attend parenting education, there is an overwhelming positive response to the wealth of information and strategies that are gained.

4.  Should children be allowed to spend time with the parents who may be substance abusers or worse?

Yes.  This relationship is important to nurture unless there is some danger involved.  Visits with supervision are also a option.  The bond between a parent and child should not be ignored. The child most always wants to see and be with the parent.  The parent generally has strong desire to be with and build some sort of relationship with the child.  If there is a gap in the relationship, there will always be questions and can really contribute to emotional distress.

There is a rise in parenting education programs offered in prisons. These parents want to figure out how to have a presence in their child's lives and they want to be able to influence the parenting that is occurring with their children.  They are receiving information about parenting and need some venue to "try out" what they are learning.  They many want to record books on tape or cook with their child on visitation day. Some sort of forum for this to happen is worth some thought.  One web site with related helpful information is: http://www.fcnetwork.org/
This site lists books to use with incarcerated parents as well as a grandparents guide:
http://www.igc.org/justice/cjc/lspc/manual/cover.html
Relationships are a strong rope to sever!

5.  How do children's peers respond to them living with their grandparents?

Children are getting used to many different sorts of living arrangements.  Children are most accustomed than their parents to a heterogenous world in many ways.  They are used to their friends having two homes, two sets of parents, same sex parents, and many other family forms.  This is just one of the other family forms.
 
6.  What can be done to prepare the child under the sole custody of the grandparent's for the potential of their death?
 
Unless there is an illness, this does not seem necessary.  Dying is a fact of life.  We can never really predict when we will die.  There are many older parents in fact who certainly know they may never see their children as adults, but talking about dying should not be a focus in the relationship—however it can be addressed as a topic along with many topics parents and children can and should explore--like what is a family?  What is lying?  What is war about? Why do we work?  And why do people we love die? Refer to question 1 above and be sensitive to the child's cognitive and emotional developmental level.

If there is a problem due to illness, then there are certainly ways to approach the topic of death and make advance plans for where the child will be placed and again, while taking their developmental level into consideration, inform them appropriately.  Sometimes a matter of fact or business like approach may be all that is necessary.  Remember our adult worries are different from their worries.  Again, consider their developmental stage and don't overwhelm them, but do keep communication open.  Here is a publication that may be helpful dealing with loss:
http://www.nncc.org/Guidance/dc15_deal.sad.loss.html

7.  Emotional support, parenting classes--all these things cost money.  How will grandparents pay for these services?

Professionally, we need to study this new field.  We need to review our policies and suggest new ones.  Social agencies can work together to assess the situation locally and provide support fitting for the community and families involved.   Many agencies (including Cooperative Extension) are already involved in parenting education in their communities as well as in partnership with the prisons, with the court system and with social services and foster care programs.  Like other movements, we can involve the affected population to work find and design solutions together.

Grandparents concerned about the emotional issues of their grandchildren may want to learn more about typical child behavior. We recommend: Ages and Stages series: http://www.nncc.org/Child.Dev/child.dev.page.html and the Understanding Children series at: http://www.nncc.org/Parent/parent.page.html
Book stores and libraries may have many good books on child development.
 
 



Questions about Legal and Financial Assistance In most situations, grandparents must have legal custody of their grandchildren in order to qualify for financial assistance with housing, medical, educational, and other assistance.

Many persons question why they can’t get financial assistance for raising their grandchildren – for either cost-of-living, health care, education, or legal needs. While the system may seem unfair, it may help you when dealing with case workers, attorneys or policymakers to keep their philosophy in mind. First, anyone who provides informal care for a family member could claim they deserve assistance. Monitoring and determining this need would be intrusive, cumbersome and expensive.

Second, many policymakers might say that families have an obligation and responsibility to care for family members. Why should the state pay for grandparents to care for a family member? Is it the state’s role to become involved in the daily caregiving tasks of families (by deciding who should receive financial assistance)? While providing kinship assistance is less expensive than putting a child in the foster care system, it is even less expensive to not provide financial assistance to grandparents or other family members. This may seem unfair, but it is an opinion held by many persons.

Grandparents interested in getting financial support, child support payments, legal rights or assistance will need to hire a qualified attorney. Make sure this attorney is familiar with family or domestic law and these issues. Many are not and may unwittingly try to help a grandparent make arrangements that are unconstitutional in the state.

Non-custodial grandparents do not have rights to become a representative payee without declaring the guardian incompetent.

Some grandparents with legal custody may qualify for TANF (Temporary Assistance to Needy Families) for financial support and should contact their county social services department for further interpretation and information.

Some services are available to grandchildren but being raised by a grandparent does not automatically qualify grandparents or grandchildren for assistance. If grandchildren are disabled, they might be eligible for SSI or Medicaid. A disability must be proven. Schools may provide counseling for grandchildren with special needs. Big Brothers and Big Sisters programs may provide a mentor or special friend.

To learn who may be providing free legal services in a community, grandparents should contact the “First Call for Help” or other referral service in their area.

Most states are still struggling with legislation and more immediate laws regarding grandparents raising grandchildren. Special assistance for those with limited English or reading abilities is not a priority. Persons who need assistance should enlist the help of an advocate who can help interpret the legalize. Organizations that provide service and advocacy for particular ethnic groups, such as the Hmong Mutual Association, or Hispanic centers, may be able to assist.

For information on assistance with college and higher education costs, contact the Financial Aid Office at a college or university. High school guidance counselors also have information on this.
 
 



Questions about adoption and custody In order to get custody, grandparents will need an attorney who will help them petition to support. Determining if a child is in need of protection is very difficult and not black and white. The case will need to go to litigation. In order to adopt, parents must terminate their rights. If parents will not voluntarily relinquish custody, the parent must be declared incompetent. Social service must get involved temporarily as the child must be declared a ward of the state in order to be adapted.

Grandparents with custody should not have problems having access to educational and medical records. You’ll need to be forceful. Go back to the case worker for assistance.

Groups interested in custody and legal rights should invite an attorney to speak to them. Make sure the attorney practices family or domestic law and is familiar with the particular issues of grandparents raising grandchildren.

An adoption attorney can help explain the steps to and advantages and disadvantages of custody and adoption as they can be complicated. Grandparents may also want to read some of the references listed at the beginning of this web page before they contact an attorney.
 
 



Questions about grandparents’ rights Each state has different laws. For information on visitation, custody and adoption or a copy of the law in your state, contact:
Grandparents United for Children’s Rights, Inc.
Ethel Dunn, Executive Director
137 Larkin St., Madison, WI 53705-5115
Phone and Fax: 608-238-8751
e-mail: sedun@inxpress.net

If grandparents provide informal care for grandchildren, but do not have legal custody, their only legal right is for visitation of their grandchild. The child can take the grandchild away from the grandparent – even if they had no contact or paid no support to the grandparent. The grandparent cannot get custody without paying legal fees.

If grandparents have been denied access to their grandchild by the court, they will need to appeal the case to higher/appeals court.

A reference librarian in a law library may also be able to help you locate information on laws in your state. Most states have a state law library. The law school at a university in your state may also have someone who can help you.
 
 



Questions about Inter-State Compact The Inter-State Compact takes time. Papers must go through the bureaucracy of each state which can take time. Consult your attorney for assistance.
 
 



Questions about grandchildren’s rights This varies by state. Guardians and grandparents should go through the guardian ad litum to involve the grandchild in this decision.
 
 



Questions about changing legislation As was mentioned on the satellite broadcast, changing laws is a very lengthy and difficult task. We know of no concerted effort to change the laws. (See the earlier question about how to get a copy of the law in Kentucky.) Rather than provide a short course on public policy consider some of these steps in making long-term change:  



Questions on the “fitness” of grandparents We live in a country that does not legislate or require that anyone of any age meet specific financial, emotional, or physical criteria in order to bear or raise children. That same freedom is extended to grandparents who may be raising grandchildren. We cannot legally discriminate against grandparents because of age or physical limitations.

A consequence of this freedom is that there are some people who have children who do not have the capacity to care for them. Since we do not license parents in our country, we don’t have an answer to this problem.

While discrimination against disabled persons is illegal, we realize that it does exist. Grandparents in this situation may want to find a social worker who will be an advocate for them. Or have them contact their Area Agency on Aging for assistance with legal advocacy. We also understand that the state of Washington has been a leader with this issue. You may want to contact their Office on Aging for suggestions.
 
 



Questions about education and resources on Grandparents Raising Grandchildren The resource materials for the January broadcast list several resources. The AARP (American Association for Retired Persons) has a national Grandparents Information Center which serves as a sort of clearinghouse, too.

Or try the Intergenerational web site at http://www.nnfr.org/igen/

For a copy of Delaware’s manual: Grandparents Raising and Nurturing Dependent Children – Delaware’s Resource Book for Grandparents and Relative Caregivers Raising Grandchildren contact:
Carol Boyer, Coordinator of Joining Generations
Call: 302-577-4791 or 1-800-223-9074 for ordering and cost information.

We agree with you that this approach could mobilize more volunteers. We are not aware of any such program however. What the web pages for more information. You could even pose this question for others on some of the web pages.
  The Brookdale Foundation provides two year grants to help states initiate programs.

The Brookdale Foundation Group
126 East 56th Street
New Yourk, NY 10022-3668
e-mail them at:  BkdlFdn@aol.com
or visit their web site at http://www.ewol.com/brookdale/
(212) 308-7355

Check with your local librarian for information on references and resources for applying for grants. There are several books and web sites that summarize sources of grants for programs like this.
 
 



Questions about Hope Unlimited’s Second Motherhood and New Horizons Program: For more information on this program, including funding, contact:
Tishan Radcliffe, Executive Director
12264 Centralia Street
Lakewood, CA 90715
(562) 924-1914

 
 
 

 
 

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