Grandparents Raising Grandchildren
Help for all relative caregivers of children
Legislative News

STATE

House Concurrent Resolution # 47

  We at GrandParents United are proud and please to announce that the 144th General Assembly passed HCR 47. We like to thank all the sponsors and the entire legislature for their full support! Injunction with this effort, Governor Ruth Ann Minner and LT.  Governor John Carney have issues a Proclamation recognizing May 2008 Kinship Caregiver Month.

A burning passion for children and relative caregivers advocates
from Delaware to Washington D.C.

 STANDBY GUARDIANSHIP ENACTED ON 05/15/08 

This has been an 18 month effort for us with many people involved from family attorneys to the Child Advocates Office.  We like to thank all those who were instrumental in the success for all Delaware's children We at GPU will be happy to speak to any group regarding SBG. We are committed to educating the general public, doctors, social workers, and caregivers.

 This Act permits a parent, guardian or custodian suffering from a progressive chronic condition or terminal illness to make plans for interim or permanent future care of a child without terminating the parental or legal rights of the parent, guardian or custodian. What this mean for you will now be able to name someone to care for a child in your care.

There are many important factors to this but we have listed a few you must know. Standby guardianship can be found in Title 13 Chapter 23 subchapter VI. We have provide the link for your convince. 

              Subchapter VI. Standby Guardianships

 Persons eligible to petition for guardianship: Any parent, custodian or guardian may petition the Family Court for a standby guardianship order regarding a child for whom they have been given legal responsibility.  

The Court must also find, prior to the granting of an order for standby guardianship that there is a significant risk that the parent, legal custodian, or guardian will die, become incapacitated, or become debilitated as a result of a chronic condition or terminal illness within two (2) years of the filing of the petition as certified by an attending physician.  

Within 30 days following the assumption of guardianship duties, the appointed standby guardian shall petition the Court for confirmation. The confirmation petition shall include a determination of incapacity or debilitation, or a death certificate, as appropriate.  If the petition is by an alternate appointed standby guardian, the petition shall include a statement that the appointed standby guardian is unable or unwilling to act, as the basis for the statement.  Absent a judicial finding or determination of unfitness, the standby guardian’s power and authority shall commence immediately upon the occurrence of the triggering event and shall continue unimpeded until such time as the Court may hear the standby guardian’s petition for confirmation.  

A parent, legal custodian, or guardian may revoke a standby guardianship by executing a written revocation, filing it with the Court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation. 

 
US Senate

On February 6, 2007 Introduction of SB. 661 To Kinship Support Act Bill to establish Kinship Navigator programs.  This would establish guardianship assistance payments and other purposes have been referred to the Committee on Finance, this is the first stage of the legislative process and many undergo significant changes. Sponsored by Senators Clinton and Snowe.   

Update

On July 17, 2008 Senator Biden signed on S661 Kinship Support Act as a co-sponsor. This was made possible by our united efforts and a short statement I like to share with you. “Please do let your colleagues and fellow advocates know the outcome of their advocacy!” See you voices and faces are heard in Washington D.C. so never give up you really do make a difference!

U S House of Representatives

On May 7, 2007 Introduction of H.R.2188 to Establish Kinship navigator programs, establish kinship guardianship assistance payments for children and other purposes. Mr. DAVIS of Illinois (for himself and Mr. JOHNSON of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. 

To learn more about these two bills click on these links offered by the 
Children's Defense Fund 

 The Federal Kinship Caregiver Support Act

The Senate Bill: S. 661

The House Bill: H. R. 2188

Summary of the Kinship Caregiver Support Act

Questions and Answers About the Kinship Caregiver Support Act

GPU ADDS NEW POLICY STATEMENT  

We at GrandParents United DE, Inc. will join and support the 2020 Vision of the Casey Family Programs. The Casey Family Programs 2020 Vision of reducing foster care by 50% by the year 2020. 

 Ø    Front line services to prevent the removal of children from   their parents.

Ø    Notification and placements with extended family members when it is been found they are available and qualified.

Ø    Reunification should be with their parents whenever possible.

Ø    Finally, Non-relative foster care should be pursued only as a last resort. 

While we do believe in "Mandatory Notification", we may only address some amendments to our current code. Delaware code does address and reflects on relative (Kinship care) placements. Kinship placement is a first priority in Delaware and today only 962 children are in the formal foster care system.

GPU was invited to the Kids Caucus this past May. The Kids Caucus is a bi-partisan group of state senators and representatives formally joined together to promote the health and welfare of Delaware's children. Collaboration has brought together DSCYF, Child Advocates office, and other agencies that are responsible for placement of Delaware’s children. Many thanks go out to our former head of DSCYF, and our legislators who have assisted GPU in putting children first.  

Congratulation

Cari DeSantis, formerly the Sectary of the Department of Services for Children, Youth and their Families has join Casey Family Programs. Ms. De Santis introduced the “Think of the Child First” vision statement, reforming the foster care system, leveraging mental health services into child welfare and juvenile justice, and reducing out-of-home care 23 percent while dramatically improving permanency and safety for children. Today Delaware has the lowest number of children in foster care being now 962. Cari DeSantis new title will be  Executive Vice President of Public Affairs and Communications to help advance Casey’s 2020 Strategy for foster care in America.

In a recent article on the Delaware Docket Newsletter on the Family Court website it states the following, *"In Fiscal Year 2007, the volunteer attorneys represented nearly 1,000 children, most of who are in Delaware’s foster care system." We applaud the 414 volunteer attorneys’ and Office of the Child Advocate. We would like to see and only removals when it is necessary and placement to be with a relative caregiver as the first option.  

  We will always be advocates for relative caregivers and continue promoting and preserving families. One of our long-term goals is to see parents raising their children and while relatives and our grandparents are able to be just the normal families and who can return children home to parents in a safe, nurturing, stable, and loving environment.  

* Today 7 % being 14,792 of Delaware's children are being raised by grandparents. 

* Supreme Court Justice Kathleen Blatz has said that 95% of our prison population had some form of contact with the formal foster care system.  

* This results in a heavy burden for taxpayers for housing prisoners, their court costs, legal fees, shelter, food and significant crimes on society. 

* Therefore we must all recognize this places a tremendous loss to society of potential productive workers and citizens.

* Children age out of foster
care.


*
Children do not age out of family 


 
Resources;

 Casey Family Programs

Delaware Joining Forces Conference

Former Family Court & Supreme Court Justice Kathleen Blatz

Delaware Docket Newsletter Office of the Child Advocate

2007 Delaware Foster Care Report

U.S. Census 2000 & U.S. Census Bureau; Selected Social Characteristics in the United States: 2005

 

DISCLAIMER

The information on this website is provided by GrandParents United DE, Inc. for informational purposes only and is intended to be used as a guide You must consult with an attorney familiar with your specific legal situation. GrandParents United DE, Inc. is not engaged in rendering legal or nor do we intend this to be legal advice, and this form is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of an attorney.

© 2007, 2008 GrandParents United DE, Inc. (An IRS registered 501(c) 3 Non-profit organization.) All rights reserved The entire content of this web site has been copyrighted and is the sole property GrandParents United De, Inc. You must obtain written permission to reproduce any information found on this website and link to this website.