The Commission Advocates for Legislative Changes to Bring Equal Legal Representation to Kinship Caregivers
Bill H-2274
by Lynn Girton and Abigail Taylor
One of the first things that many grandparents do when caring for their grandchildren is to get legal custody. In most cases, grandparents will seek guardianship at one of the state's Probate and Family Courts. Often when a grandparents first seeks custody of their grandchild, neither biological parent appears at the hearing. Later, however, someone (usually a biological parent), can seek to remove the guardian. At such a hearing, a low-income parent is entitled to an attorney. The child is also entitled to an attorney. A low-income grandparent or relative caregiver, however, is not entitled to an attorney. A Judge
may use his or her own discretion to appoint an attorney for such indigent grandparents if requested but it is not an entitlement for the grandparent. This puts the grandparent, who may be then only caregiver the child has even known, at a significant disadvantage in court.
Members of the Commission on the Status of Grandparents Raising Grandchildren filed legislation to require a judge to appoint a lawyer for low-income guardians when someone seeks to to end a long-term guardianship. In addition the bill would give the Judge the discretion to appoint lawyers for such grandparents at other stages of the proceeding. This bill also clarified the legal standard that should be used in these cases.
The bill's primary sponsor is Representative Paul Donato and it has a very large number of co-sponsors.
The number of the bill is H 2274.
It is very important that all grandparents who are raising grandchildren call their legislators (both in the House and the Senate) and tell them how important this bill is. It is also your chance to share your story with your legislator so that he or she can understand all of the issues that grandparents face and the many contributions that grandparents make.
Visit the commission website for a link to find your legislator or to contact the Commission within questions or testimonials
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Jack and Marjorie's Story
by Skip Stuck
Like so many stories we hear from grandparents, this one starts with an unexpected tragedy. As Jack tells it, in 2013 he and his wife received a stunning phone call that their son, then 38 years old, had been seriously injured due to an accidental fall. This was not a surprise as their son had a variety of problems, as his father put it "having fallen with bad people." At the hospital, Jack and Marjorie found out that their son had died from his injuries, leaving a toddlers, Brandon, without a father. The police were at the hospital as well because the boy's mother was a known drug user, and the police were required to contact the Department of Children and Services (DCF) about the situation. Jack and Marjorie were asked if they would be willing to care for Brandon and Jack and Marjorie agreed. They obtained custody of Brandon and Brandon's overwhelmed mother agreed. Without hesitation, they accepted Brandon into their home.
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Helping Your Grandchild Get the Most Out of School
Kerry Bickford, Commissioner
As primary caregivers, grandparents are often responsible for the
educational decisions regarding their grandchild. Paying close attention to what is happening in school is key to the success of the student. Not every situation/problem results in the need for special education, but it is important to know when to ask for help and what your rights are.
