Showing posts with label grandparents. Show all posts
Showing posts with label grandparents. Show all posts

Wednesday, March 7, 2012

Grandparent visit rights backed under Ga. bill

Associated Press

ATLANTA — The right of grandparents to visit their grandchildren caught up in custody or divorce cases would be strengthened under a bill passed by Georgia lawmakers.

House lawmakers voted 154-0 on Wednesday to pass the bill sponsored by Republican Rep. John Meadows of Calhoun.

The bill seeks to increase the visitation rights of grandparents whose grandchildren are involved in cases involving child custody, divorce or the termination of parental rights. It would encourage judges to allow children to visit their grandparents when that grandparent has financially supported the child for a year or regularly visited with the child.

The bill would allow judges to rule that the child's interests would be harmed without some "minimal" contact with their grandparents. Those visits would total at least 24 hours in a month.

Sunday, November 6, 2011

High court may revisit grandparents' rights

By STEPHANIE REITZ
Associated Press

HARTFORD, Conn. — Increasingly, a wrenching dispute is playing out in courts nationwide: balancing parents' constitutional rights to raise their children without interference against grandparents' desire to be involved in those youngsters' lives.

Now, a growing number of grandparents are pushing lawmakers around the country to change state standards they say are too restrictive and ignore the unique bonds many grandparents have with their grandchildren.

The U.S. Supreme Court is expected to decide this winter whether it will revisit the issue, which it addressed 11 years ago in a landmark case out of Washington state that makes competent parents' wishes the guiding principle in most disputes.

Although all state laws must meet that constitutional threshold, their efforts have resulted in a patchwork of state court rulings and legislation. They now impose such a variety of conditions that the parties' home states can affect the cases almost as much as the specifics.

Connecticut, Florida and Arizona are considered among the most parent-friendly based on their laws or court precedents. Others are considered more grandparent-friendly, including Utah, Kansas and Oklahoma.

Connecticut has become a battleground state in the issue for two reasons: its protections for parents are among the nation's strictest and many of its grandparents are very vocal in their push to change it.

A task force will advise the General Assembly this winter on whether to change state law to give grandparents more chance to get into court to argue their cases.

"Right now it's the luck of the draw if you're some poor family stuck in a state that doesn't stand behind that grandparent-grandchild bond and attachment," said Susan Hoffman, 59. She founded Advocates for Grandparent Grandchild Connection after losing her California petition for visitation when her adult son signed away parenting rights to her grandson.

The growing movement among grandparents' groups has alarmed many parents and their advocacy groups nationwide, including organizers and participants on the parentsrights.com website.

Many say they are being pilloried by those who wrongly accept stereotypes that all grandparents are loving and supportive. And they say they're being drained financially to defend parenting rights the Supreme Court has already upheld.

Polly Tavernia, 41, said her New York case cost her family almost $10,000 even though her estranged mother's petition was eventually dismissed.

"It was one of the worst things I've ever been through," she said. "It's honestly just horrible to have to worry about someone else making those decisions for you, especially when they don't know the whole story."

All 50 states have laws governing the conditions for non-parent third parties seeking visitation, but it was only in 2000 that the U.S. Supreme Court's ruling said none of those laws can infringe on the rights of competent parents.

Source http://www.kansas.com/2011/11/06/2091841/high-court-may-revisit-grandparents.html

Monday, October 24, 2011

Grandma: Boy in four foster homes in 14 months

By Rita Price
The Columbus Dispatch Monday October 24, 2011 6:01 AM

The weekly phone conversations are eagerly awaited but rarely make her feel better.

“I hear a defeated little boy,” Mary Ann O’Garro said.

Her grandson often says he wishes he were there, in Washington state, instead of at another new place, O’Garro said. The 8-year-old’s calls have come from many phone numbers.

Franklin County Children Services brought the troubled boy back to Franklin County last year after denying Lenford and Mary Ann O’Garro’s request for in-patient treatment near their home in the Seattle area, where they could visit and work with the child’s doctors.

Their grandson had been placed with them in 2008, a little less than a year after police discovered him beaten, burned and tortured while living with his mother — Mr. O’Garro’s daughter — in a suspected house of prostitution on Columbus’ North Side.

Months of love and therapy hadn’t managed to curb his bizarre and dangerous behavior, the O'Garros and Washington therapists said, so they wanted to try hospitalization.

Children Services disagreed. The agency’s former chief said he thought the boy could be better served, and stabilized, in a foster home here with people trained to support his therapy. But after 14 months back in Franklin County, the boy has lived in four foster homes in three school districts, his grandparents say.

Add in those who provide periodic respite for the foster parents, and the child probably has been in at least 10 homes, Mrs. O’Garro said. “In our minds, there’s no way this could not have damaged him further. He was already traumatized, then he was ripped from our house, and now he’s just bouncing around.”

Because the boy might have been sexually abused, The Dispatch is not naming him.

Chip Spinning, who recently took over as Children Services executive director after Eric Fenner’s retirement, said in an email that no one wants the boy to experience more trauma. But officials still think he should be cared for in a specially trained foster home instead of at an institution. He said the child is making progress and will receive “all recommended services to enable continued progress.”

The moves are unfortunate but happen for a variety of reasons in the child-welfare system, Spinning said. He said he couldn’t share the specifics.

Mrs. O’Garro said it’s hard to be hopeful. She said she has heard various reasons for the boy’s change of placement, including foster parents’ moving, an allegation of abuse against a foster provider, and the child’s intensive needs.

“I have not, to date, ever seen a single document that says he’s been stabilized,” she said. "His level of care has continued to increase. He’s been up to six psychotropic drugs.”

Children Services has acknowledged numerous mistakes in the case, starting with a failure to inform the O’Garros of the extent of the child’s abuse — and his likely need for psychological help — after he was placed with them.

The grandparents say they needed an attorney to get the agency to pay for the child’s initial treatment in Washington. The O’Garros have health insurance, but it isn’t sufficient to cover the expensive mental-health services.

After a review in late 2009, the Ohio Department of Job and Family Services cited the agency for its handling of the case and ordered a plan for preventing future violations. Two employees were disciplined as a result of the agency’s internal investigation.

Mrs. O’Garro said she doesn’t know whether Children Services wants the child to return to his mother, to them or to be adopted.

Agency attorneys, a therapist and the child’s court-appointed guardian agreed last week that the boy’s mother, who has been released from prison, could have at least one supervised visit.

“He hasn’t seen her in nearly four years, since she was put in the police car and he was taken in an ambulance,” Mrs. O’Garro said. “That’s his last memory of her.”

The grandparents still struggle with their decision to surrender custody, a move that ultimately allowed Children Services to bring their grandson to Columbus last year. Their attorney, Susan Eisenman, has said the O’Garros made that difficult choice because they couldn’t pay for the treatment he needed and because they hoped the agency would approve a nearby Washington facility.

Instead, they had to put him on a plane.

Mrs. O’Garro cries when she thinks about all the boy has been through. Had he gone to a treatment center, “We think he’d be home with us,” she said. “All we can do now is just hope something positive happens.”

Source http://www.dispatch.com/content/stories/local/2011/10/24/grandma-boy-in-four-fosterhomes-in14months.html

Friday, October 21, 2011

Panel won’t delve deeper into Arizona CPS woes

by Mary K. Reinhart on Oct. 21, 2011

An Arizona legislative committee, apparently satisfied that the state’s child-welfare agency has adequately responded to problems raised by three state audits since 2009, declined to delve deeper Thursday into broader troubles within the system.

Sen. Linda Gray, R-Glendale, co-chair of the committee, said after the hearing that she wanted to see what comes from a child-safety task force before deciding whether to hold additional hearings on Child Protective Services. Gov. Jan Brewer is expected to name members of the task force in the next few days. Brewer wants recommendations from the task force by Dec. 31.

But during public testimony, several people said critical problems within the CPS need urgent attention.

“I think the system is struggling greatly – all aspects of the system,” said Dana Wolfe Naimark, CEO of Children’s Action Alliance. “What we’ve heard today really doesn’t tell you the story of CPS.”

One of the audits, from September 2009, said the agency inconsistently reviewed relatives willing to take temporary custody of children and failed to properly document efforts to place children with relatives. The agency has since implemented specific guidelines for workers to assess the fitness of relatives and is still working on getting staff to better document efforts to find relatives.

About one-third of Arizona’s foster children live with relatives.

Clarence Carter, director of the Department of Economic Security, which oversees CPS, said in response to a question that grandparents and other relatives who take in foster children have access to all the services that unrelated foster families and shelter operators do.

“The fact that a child is placed with a relative doesn’t change the needs of that child,” Carter told Sen. Leah Landrum Taylor, D-Phoenix.

But Suzanne Schunk, director of family services for Southwest Human Development, told the committee that grandparents and other relatives don’t get the same support as foster parents. They aren’t paid to care for the kids, and they often can’t find services that the children need or can’t afford to pay for them, she said.

Landrum Taylor agreed.

“A lot of times they’re unable to do it, so it just doesn’t happen,” she said.

And Brenda Gloria of Phoenix, who cares for two grandchildren, said CPS caseworkers gave their parents too many chances. She said it was heartbreaking to have the children sent back home year after year, only to be removed and returned to her.

CPS supervisors also are reviewing a backlog of nearly 10,000 inactive abuse and neglect cases and trying out a streamlined investigation process that could shave weeks off the average case, which now takes five to six months to complete.

Source http://tucsoncitizen.com/arizona-news/2011/10/21/panel-wont-delve-deeper-into-cps-woes/

Tuesday, September 6, 2011

Grandmother fights for relative rights for children

Posted: Tuesday, September 6, 2011 4:00 am

By JENNIFER SUMMER Houston Community Newspapers

A grandmother’s love is what kept her four grandchildren out of foster care.

For Cleveland’s Linda Boles, it has been a fight to gain grandparental rights and any monetary support for all four children, a fight she is planning to take to Washington, D.C. to rally for more rights as well as the opportunity to gain custody and support as a caregiver for her grandchildren.

“My daughter was with four different drug dealers, so Child Protective Services was called numerous times. It took 29 voluntary placements for them to give me the paperwork to keep the kids at my house and keep them safe,” Boles said.

Boles was working in real estate at the time when she would receive the calls from CPS where she would keep them for several days then they would go back to the mom’s house.

After the numerous calls and the evidence, Boles now has all four grandchildren and started the group Kids Left Behind which fights for grandparental rights in Texas.

“There are a lot of grandparents in Texas who do not know we have no rights. In 2008, I spoke in Washington, D.C. on the fact there is no funding from the state for grandparents to care for their grandchildren. They are not told from the beginning what they can have and what they cannot,” Boles said.

With the Kids Left Behind group, Boles has worked with other grandparents who are going through the same thing she has.

Boles asks the questions, how many calls does it take for a true CPS investigation? and why is adoption not available to grandparents and relatives but it is to foster parents?

A few of her cases, the children are placed into a foster home and then they are picked up by the grandparents who must go through the same background checks and house checks as a foster parent would have to but they do not have the same paperwork or the same rights.

“We go through the same things foster homes do but we get nothing. Why is there not some kinship added when they develop these committees? Our voice is not heard. Grandparents are raising 3 percent of the children in this state, yet we do not have a voice,” Boles said.

Every couple of months, the grandparents have to file for custody of the children again and must take off work whenever CPS calls for a home check or visit.

In Boles’ case, she is not receiving any child support from the parents of the children so she must support them as much as she can, but they currently live on 53 cents a day.

For foster families, they are reimbursed for most of their expenses while the grandparents and other relative caregivers are not.

“Voluntary placement needs to be done away with. The parents cannot just show up when they want to. Relative caregivers need rights to take care of the children. We deal with doctor appointments, school and transportation every day so we need help,” Boles said.

There are several others across the country who are rallying behind Boles and hoping to raise funds to help her have a place to stay while in Washington, D.C. so she can share her story and rally for relative caregiver rights.

They have already received some monetary support but they are hoping for more support and donations to help the trip be successful for Boles.

“I cannot understand why Texas does not want to help with all of these children. If they are put in a relative caregiver’s home, they have a better chance at succeeding than in a foster home,” Boles said. “I have lost everything, but that is the love I have for these grandchildren; I would never give that up.”

To support her family, Boles hunts, fishes and gardens to ensure there is always food on the table.

She and the children have also had the opportunity to go Echo Hill Ranch which is owned by the son of Kinky Friedman, Dr. S.T. Friedman, where they learned how to fold the flag properly and play with other kids.

“It is wrong for the children when we do not get to participate in things because we cannot afford it. Every child should be treated the same,” Boles said.

The rally Boles plans to attend is the GrandRally in Washington, D.C. Sept. 15 where she will have the chance to meet other relative caregivers and have her voice heard.

“It is time for our voice to be heard,” Boles added.

For more information about the GrandRally, log on to www.grandrally.org.

Source http://www.yourhoustonnews.com/dayton/news/grandmother-fights-for-relative-rights-for-children/article_30d65ff7-062a-58d3-9745-727ca443db82.html

Tuesday, August 2, 2011

Is Kinship Care Good for Kids?


by Tiffany Conway and Rutledge Q. Hutson

March 2, 2007

More than 2.5 million children are being raised by grandparents and other relatives because their parents are unable—for a variety of reasons—to care for them. 1 These relative caregivers are willing to care for the children—but they may require financial help in order to meet the children’s needs. A number of states have utilized subsidized guardianship programs as a way of supporting such families, often called “kinship families.” Such placements help the child to, among other things, maintain family—and oftentimes community—connections. These programs provide subsidies to relatives and, in some cases, other interested, non-relative adults who are caring for and have a close emotional bond with children who are not biologically their own.

Subsidized guardianship is consistent with national policy preferences espoused in both the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Adoption and Safe Families Act of 1997,2 and there is considerable evidence of the value of subsidized guardianship programs. Still, some wonder whether kinship care is a good thing—and how we know this. This fact sheet addresses these often unasked but crucial questions.

Children in kinship care experience greater stability.

􀂾 Children in kinship foster care have been found to experience fewer placement changes than children placed with non-kin foster parents do.3

􀂾 Multiple studies indicate the value of placing siblings together, when safe and appropriate.4 Perhaps equally as important, children in foster care consistently express the desire to be with their siblings. Research has shown that children in foster care are more likely to live with their siblings if they are placed with kin.5

􀂾 Fewer children in kinship care report having changed schools (63 percent) than do children in non-relative foster care (80 percent) or those in group care (93 percent).6

􀂾 Children who reunify with their birth parent(s) after kinship care are less likely to re-enter foster care than those who had been in non-relative foster placements or in group care facilities.7

􀂾 The Child and Family Services Reviews (CFSR) are designed to ensure that states are achieving safety, permanency, and child and family well-being. Kinship care bolsters states’ ability to comply with federal requirements by providing children with stability and permanency.8

Children in kinship care report more positive perceptions of their placements and have fewer behavioral problems.

􀂾 Compared to children in non-relative foster care and those in group care, children in kinship care are:

􀀹 More likely to report liking those with whom they live (93 percent vs. 79 percent [non-relative foster care] and 51 percent [group care])

􀀹 More likely to report wanting their current placement to be their permanent home (61 percent vs. 27 percent and 2 percent)9

􀀹 Less likely to report having tried to leave or run away (6 percent vs. 16 percent and 35 percent)10

􀀹 More likely to report that they “always felt loved” (94 percent vs. 82 percent [non-relative foster care])11

􀂾 In terms of scores in physical, cognitive, emotional, and skill-based domains, children in kinship care have scores more like those of children who are able to remain at home following a child abuse and neglect investigation than do children in foster or group care.12

􀂾 Both teachers and caregivers tend to rate children in kinship care as having fewer behavioral problems than do their peers in other out-of-home placement settings.13

Kinship care respects cultural traditions and may reduce racial disparities in a variety of outcomes.

In a number of cultures—including many communities of color—the family and home are understood to include the extended family, and in some cases the community. Kinship care represents an opportunity for states to provide federally required safety and permanency to a greater number of children who come into contact with the child welfare system, while enhancing their well-being by providing them with access to their ethnic, racial, and cultural traditions.14

Kinship caregivers provide stability to children and youth with incarcerated parents.

According to a 2000 report from the Bureau of Justice Statistics, over 75 percent of mothers and about 18 percent of fathers incarcerated in state prisons in 1997 reported that their children were being cared for by a grandparent or other relative.15 The incarceration of a parent is often traumatic on a variety of levels for children, and living with family members can provide some measure of stability.

In spite of the numerous benefits associated with kinship care, myths remain.

Myth: “The apple doesn’t fall far from the tree.”
In fact, research shows that children living with relatives are no more likely—and are perhaps less likely—than children living with non-kin foster parents to experience abuse or neglect after being removed from their homes. A 1997 study found that non-kin foster parents were twice as likely as licensed kinship foster parents to have a confirmed report of maltreatment.16 Furthermore, Illinois found that children in kinship foster care are at lower risk for maltreatment than are children in either specialized or non-relative foster care.17

Myth: “It’s your moral responsibility.”
Clearly, kinship caregivers agree. They take the responsibility of raising their grandchildren, nieces, and nephews when the children’s parents, for a variety of reasons, cannot. These caregivers lack neither morals nor a sense of responsibility; they do, however, lack resources. They may be living on a fixed income or be retired; whatever the reason, it is highly unlikely that they planned financially for raising a relative’s child.18

􀂾 The United States Department of Agriculture estimates that it costs at least $7,000 per year to raise a child.19

􀂾 The vast majority of children living with relative caregivers are eligible for the Temporary Assistance for Needy Families (TANF) child-only grant. However, 70 percent of relative caregivers do not access TANF or any other public financial assistance.

􀂾 Even when caregivers access TANF child-only grants, this assistance amounts to, on average, just over $4,000 per year—or about 57 percent of the anticipated cost of raising a child.20

Research debunks these old fears about the risk of placing children with kin.

In fact, the research tells us that many children who cannot live with their parents benefit from living with grandparents and other family members. Supporting kinship caregivers in their efforts to address the needs of these children thus provides an opportunity to improve the lives of many children who have already experienced trauma.

1 U.S. Department of Commerce, Bureau of the Census, 2000 Census American Fact Finder Advanced Query. Calculations by Children’s Defense Fund of the number of children living in relative-headed households without either parent present.
2 The Personal Responsibility and Work Opportunity Reconciliation Act (P.L. 104-193) requires states to consider giving preference to relatives over non-related caregivers when determining a placement for a child, assuming that relative meets all relevant state child protection standards. The Adoption and Safe Families Act (P.L. 105-89) clearly establishes legal guardianship as an acceptable and appropriate permanency plan.
3 Testa, M. 2001. Kinship care and permanency. Journal of Social Service Research, Vol. 28 (1) pp. 25 – 43.; Chamberlain, P., et al. 2006. Who disrupts from placement in foster and kinship care? Child Abuse & Neglect, Vol. 30, pp. 409 – 424.
4 Herrick, M. & Piccus, W. 2005. Sibling Connections: The importance of nurturing sibling bonds in the foster care system.
5 Shlonsky, A., Webster, D., & Needell, B. 2003. The ties that bind: A cross-sectional analysis of siblings in foster care. Journal of Social Service Research, Vol. 29 (3) pp. 27 – 52.; Wulczyn, F. & Zimmerman, E. 2005. Sibling placements in longitudinal perspective. Children and Youth Services Review, Vol. 27, pp. 741-763.
6 National Survey of Child and Adolescent Well-Being (NSCAW) CPS Sample Component Wave 1 Data Analysis Report, April 2005. (Washington, D.C.: U.S. Department of Health & Human Services, Administration for Children & Families, 2005).
7 Courtney, M. & Needell, B. “Outcomes of kinship care: Lessons from California.” In Child welfare research review. Vol. 2. J.D. Berrick, R.P. Barth and N. Gilbert, eds. New York: Columbia University Press, 1997, pp. 130 – 149.
8 Outcome P1: Children have permanency and stability in their living situations; and, Outcome P2: The continuity of family relationships and connections is preserved for children.
9 NSCAW 2005.
10NSCAW 2005.
11 Wilson, L. Satisfaction of 1,100 Children in Out-of-Home Care, Primarily Family Foster Care, in Illinois’ Child Welfare System. Tallahassee, FL: Wilson Resources, 1996.
12 NSCAW 2005.
13 NSCAW 2005.
14Casey Family Programs. Commitment to Kin: Elements of a support and service system for kinship care. 2004; CFSR Outcome S2: Children are safely maintained in their homes whenever possible and appropriate.
15 Mumola, C. Bureau of Justice Statistics Special Report: Incarcerated Parents and Their Children. (Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, 2000).
16 Zuravin, S.J., et al. “Child Maltreatment in family foster care: Foster home correlates.” In Child welfare research review. Vol. 2 J.D. Berrick, R.P. Barth. And N. Gilbert, eds. New York: Columbia University Press, 1997, pp. 189-200.
17 A Child Welfare Research Agenda for the State of Illinois. 1999. Urbana, IL: The Children and Family Research Center, University of Illinois at Urbana-Champaign.
18 Some question whether relatives who cannot afford to care for a child without assistance are appropriate placements. CLASP believes that placements with relatives, like all placements, should be made on a case-by-case basis and that when relatives offer benefits, like greater stability and less trauma, they should be supported in caring for a child.
19 This calculation is based on the cost of raising the younger of two children in a single-parent, two-child household with a before-tax income of less than $41,700. Lino, Mark. 2005. Expenditures on Children by Families, 2004. U.S. Department of Agriculture, Center for Nutrition Policy and Promotion. Miscellaneous Publication No. 1528-2004. Retrieved 12/7/06 from http://www.cnpp.usda.gov/Publications/CRC/crc2004.pdf
20 Table 42, Temporary Assistance for Needy Families- Active Cases, TANF Families with no adult recipients receiving cash assistance October 2003 – September 2004. Administration for Children and Families, Office of Family Assistance. Retrieved 12/6/06 from http://www.acf.hhs.gov//programs/ofa/character/FY2004/tab42.htm.

Source: Center for Law and Social Policy • www.clasp.org