Grandparent Caregivers

References

• Levine , C. and Stein , G. 1994 . “ Orphans of the HIV Epidemic: Unmet ” . In Needs in Six U.S. Cities , New York : The Orphan Project .
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• Minkler , M. and Roe , K. 1993 . Grandmothers as Caregivers: Raising Children in the Crack Cocaine Epidemic , Newbury Park, California : SAGE Publications, Inc. .
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• Minkler , M. 1994 . Grandparents as Parents: The American Experience . Ageing International , 21 ( 1 ) : 24 – 28 .
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• NY Public Health Law §2504.
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• Id. Compare Delaware Parents And Children §707 which permits a minor or a “person professing to be the temporary custodian” of a minor to consent to treatment of conditions which, if left untreated, are expected to threaten the health or life of the minor
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• NY Education Law §3212.
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• Id.
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• CAL. FAMILY CODE §6550 (West 1996).
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• D.C. Code §16–4704 (West 1996).
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• Stanley v. Illinois, 405 U.S. 645 (1972)
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• See, e.g., NY Domestic Relations Law §§ 70, 240; CA Family Code § 3040; AZ Marital and Family Relations § 25–332; Colorado Revised Statutes Annotated § 14–10–124. Only five states give preference for custody to the mother, See Trends in Child Custody Awards: Has Removal of the Maternal Preference Made a Difference? 28 Family Law Quarterly 247 (Summer 1994).
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• See, e.g., Matter of Corey L. v. Martin L., 45 N.Y.2d 383,408 N.Y.S.2d 439 (1978); Bennett v. Jeffries, 40 N.Y.2d 543, 387 N.Y.S.2d 821 (1979).
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• See, e.g. OCGA § 15–11–43; CODE OF ALA. § 12–15–1 (17)(23); OHIO REV. CODE §2151.01.
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• See, e.g., NY Surrogates Court Procedures Act § 1704, CA Probate Code § 2251.
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• See, e.g., NY Surrogates Court Procedures Act § 1707. In New York, the Family Court may also appoint a guardian of the person but not of the property of a minor. NY Family Court Act § 661.
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• See, MD. JUV. CT. ACT. § 3–820; NEW MEX. STAT. ANN. § 32–1 -58.
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• id.
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• SURR. CT. PROC. ACT § 1726 (McKinney Supp. 1996); CAL. PROB. CODE § 2105(f) (West Supp. 1996); CONN. GEN. STAT. ANN. § 45(a)-624 et seq. (West 1996); FLA. STAT. ANN. § 744.304 (West 1996); ILL. ANN. STAT. ch. 755, para. 5/11–5.3 (Smith-Hurd 1996); IOWA CODE ANN. § 633.560 et seq. (West 1992); MD. CODE ANN., EST. & TRUST § 13–901 et seq.; MASS GEN. LAWS ANN. ch. 201, § 2A (West Supp. 1996); N.J. STAT. ANN. § 3B:12–68 et seq. (West Supp. 1996).
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• See, also, Ca. Probate. L. § 2105, Fla. Stat. Ann. § 744.304, Conn. Gen. Stat. §§459–624g.
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• Relatives may not be arbitrarily excluded as foster parents. Miller v. Youakim, 440 U.S. 125 (1979). Some states require kinship foster parents to meet the same requirements as non-relative foster parents. In some states, less strict rules apply to kinship foster parents. NY SOC. SER. L. § 384-B; 20 ILCS § 505/7(b); CA. WELF. & INST. CODE §§ 362.7, 368.8. Still other states allow kinship foster parents to choose between standard foster care and programs specifically designed for kinship foster parents. MD FAMILY LAW § 5–501. Sec also federal law on foster care payments: 42 U.S.C. § 670 et seq.
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• NY SOCIAL SERVICES LAW § 384-b.
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• NY FAMILY COURT ACT § 1017.
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• 1993 . Family Assets , Report of the (NYC) Mayor's Commission for the Foster CareofChildren5l
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• NY SOCIAL SERVICES LAW § 381.
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• NY FAMILY COURT ACT § 1055.
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• NY SOCIAL SERVICES LAW § 384-a.
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• 42. U.S.C. §671 (a)(16).
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• Schwartz , M. 1993 . Reinventing Guardianship , 10 New York : Vcra Institute of Justice .
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• See, e.g., NJ STAT. ANN. § 9:3–50; GEN. LAWS OF RHODE ISLAND ? 15–7–7.
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• id.
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• NY DOMESTIC RELATIONS LAWS §111; GEN. LAWS OF RHODE ISLAND § 15–7–17; NY DOMESTIC RELATIONS LAW § 117.
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• See, e.g., NY DOMESTIC RELATIONS LAW § 117, MD FAMILY LAW § 5–308(b)(2).
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• SOCIAL SERVICES LAW § 450 et seq.; 42 U.S.C. § 673.
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• 45 C.F.R. § 206.10(a)(l)(vii)(A); 45 C.F.R. § 230.90; 7 U.S.C. § 202(i); 7 C.F.R. § 273.1(a)(2); 20 C.F.R. § 404.356; 20 C.F.R. § 416; 42 U.S.C. § 1369(a)(l 7); 42 C.F.R. §435.602; 18N.Y.C.R.R. § 360–1.4(b).
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• Pub. L. No. 104–193.
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• For an examination of the implementation issues faced by states, see: Implementation of the Temporary Assistance for Needy Families Block Grant:An Overview, November 1996, The Center on Social Welfare Policy and the Law.
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• States may impose a shorter time-limit, if they wish. The five-year time limit begins on the date a completed plan for implementing TANF is submitted by the State to the Department of Health and Human Services. Slates must submit a completed plan by July 1, 1997, but may do so sooner.
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• Social Security Act § 402(a)(l)(A)(ii) as amended by § 103(a) of Pub. L. No. 104–193.
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• Social Security Act § 407(e), as amended by § 103(a) of Pub. L. no. 104–193.
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• Social Security Act §§ 408(a)(1)(B); 408(a)(7), as amended by 103(a) of Pub. L. No. 104–193.
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• Some states may attempt to count the income of the non-applying caretaker when determining the eligibility of the child-only household. Advocates should work to ensure that only the income of the children are counted in child-only households.
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• Exempted from the-five-year ban on federal meanstesled benefits are refugees, asylees and those granted withholding of deportation, who are eligible for federal means-tested benefits for the first five years only. Honorably discharged veterans, active duty military, their spouses and unmarried dependents are also exempt from the five-year ban.
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• 7 U.S.C. § 20l2(i); 7 CF.R. § 273.1(a); 18 N.Y.C.R.R. § 387.1(w).
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• Id.
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• Id.
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• 7 CF.R. §273.1 (c)(6); 18 N.Y.C.R.R. § 387.16(b).
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• 45 CF.R. § 205.10; 18 N.Y.C.R.R. § 358–3.0 elseq.
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• 7 CF.R. § 273.15; 18 N.Y.C.R.R. § 358–3.5(a)(2).
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• A legal immigrant can receive credit for quarters worked by himself and his spouse. Unmarried dependent minors can receive credit for quarters worked by their parents.
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• 20 CF.R. §404.358.
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• 20C.RR. §404.IOeiseg.
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• 20 CF.R, §404.350elseq.
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• Id.
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• See, i.e. NY SOCIAL SERVICES LAW § 209.
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• 42 U.S.C. § 1381 et seq. 20 CF.R. § 416 etseq.
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• 20 CF.R. § 416.924; 20 CF.R. § 404.155 el seq.Z
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• Legal immigrants may receive credit for quarters worked by himself and his spouse. Unmarried dependent minors receive credit for quarters worked by their parents.
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• 20 CF.R. §416.305.
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• 20 CF.R. §416.1400 elseq.
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• 42 U.S.C. § 1396(a)(10)(A)(i).
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• 42 U.S.C. § 435.115(e); § 435.119; § 435.403; 18 N.Y.C.R.R. § 360–3.3(c)(4). 62.42 CF.R. § 36.602
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• Exempted from the five-year ban on federal means-tested benefits are refugees, asylees, and those granted withholding of deportation, who are eligible for federal means-tested benefits for the first five years only. Honorably discharged veterans, active duty military, their spouses and unmarried dependent minors are also exempt from Ihc five year ban.
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• In New York State, Child Health Plus provides medical coverage at no or low cost for children under age 15 who have low incomes and who have little or no medical insurance.
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• See, for example, 9C N.Y.C.R.R. § 1627–6.3.
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• 42 U.S.C. § 3604; NY Real Property Law § 236.
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• See, for example, NY Real Property Law § 236; Executive law § 296.
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• In New York City, the Department for the Aging's Grandparent Resource Center holds monthly meetings for grandparent support group facilitators for the purpose of sharing information and ideas on facilitating grandparent support groups. The New York City Department for the Aging's Grandparent Resource Center also provides trainings on starting support groups and has a telephone refcrral line for grandparents. For more information, contact the Director, Rolanda Pyle, at the New York City Department for the Aging, Grandparent Resource Center, 2 Lafayette Street, New York, New York 10007–1392.
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• American Association of Retired Persons (AARP) Grandparent Information Center, 601 E Street, NW, Washington, DC 20049; (202) 434–2296; Advocates with questions on economic and legal issues affecting grandparent caregivers in New York Slate can contact the Grandparent Caregiver Law Center, Brookdale Center on Aging of Hunter College, 425 East 25th Street, New York, NY 10010; (212)481–4433.
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• Some of the states that have grandparent caregiver manuals or handbooks include: Massachusetts: A Resource Guide for Massachusetts Grandparents Raising their Grandchildren (Printed and distributed by the Massachusetts Executive Office of Elder Affairs, One Ashburn Place, Boston, Massachusetts 02108); Pennsylvania: Kids ‘n’ ?,??: A Handbook for Relative Caregivers (Philadelphia Society for Services to Children, 415 S. 15th Street, Philadelphia, Pennsylvania 19146); California: Manual for Grandparent Relative Caregivers and their Advocates and Manual for Grandparents and Caregivers of Drugexposed Infants and Children (both written by Legal Services for Prisoners with Children, 474 Valencia Street, Suite 230, San Francisco California 94103); New York: Several booklets addressing issues of concern to grandparent caregivers will be available from the Grandparent Caregiver Law Center, The Brookdale Center on Aging of Hunter College, 425 East 25th Street, New York. NY 10025.
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• For example, in New York City, Volunteers of Legal Services received a grant from the Brookdale Foundation group to recruit, train and supervise volunteer attorneys who assist grandparent caregivers. The Project works collaboratively with social service agency staff who are working with grandparent caregivers. Project volunteers meet with individual grandparents and counsel them about their options. They are available to represent grandparents who wish to become guardians of their grandchildren or legal custodians in uncontested proceedings.
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• An example of sucli collaboration is the New York City KinCarc Task Force. It was established in 1992. The Task Force addresses issues confronted by grandparents and other relative caregivers and is composed of members of (he aging, child welfare, social services and legal communities. For more information on the Task Force and its activities, contact Evelyn J. Blanck, Jewish Board of Families and Children's Services, Inc., 120 West 57th Street, New York, NY 10019–3371 or Anna H. Zimmer, The Brookdale Center on Aging of Hunter College, 425 East 25th Street, New York, NY 10010.
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