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KINSHIP CAREGIVERS
GRANDPARENTS RAISING GRANDCHILDREN
CUSTODIAL RELATIVES
The information provided below for adoption,
custody or guardianship of children by custodial
grandparents or other custodial relatives is
largely summarized from the 1999 Connecticut
Resource Guide for Grandparents Raising
Grandchildren, published by the AARP (American
Association for Retired Persons) Foundation.
NOTE: The Resource Guide is no longer published
by AARP. Grandparents and custodial relatives
looking for programs, support groups and other
resources can access the AARP Foundation GrandCare
Support Locator on the AARP website: (www.giclocalsupport.org/pages/gic_db_home.cfm)
CUSTODY AND GUARDIANSHIP
ISSUES
IMMEDIATE TEMPORARY CUSTODY of a
child is granted to a custodial relative by a
probate court when a child is given to a
grandparent or other relative by the parents, and
returning the child would result in the child’s
being removed from the court’s jurisdiction or
places the child in risk of serious injury.
Immediate Temporary Custody lasts for 5 business
days and then the court will hold a second hearing
on temporary custody with notice to all parties.
TEMPORARY CUSTODY of a
grandchild or other dependent relative: an
application must be filed to the probate court and
a hearing is usually granted within 30 days.
Before the hearing, a social worker from the
Department of Children and Families (DCF) (www.ct.gov/dcf/)
will speak with the grandparent or relative and
may conduct a home visit. If the social worker
tells the court that DCF believes that the
custodial relative can take good care of the
child, the court will probably appoint them as
Temporary Custodian. Temporary custody remains in
effect while DCF conducts an investigation into
whether the parents should be removed as guardians
and the petitioning grandparent or relative should
be appointed guardian in their place.
STANDBY GUARDIAN: Custody of a
child can also be obtained without going to court
by becoming a Standby Guardian. A standby
guardianship is created by having the parents sign
a document available from the probate court
stating that they are consenting to have the
grandparent or relative take guardianship of their
child. The standby guardianship goes into effect
when a triggering event occurs such as if the
parents are temporarily unable to care for a child
due to physical or mental disability, residence in
a drug or alcohol rehabilitation program, going to
jail for a period of less than one year, or other
absence from home. Standby Guardianship lasts up
to 1 year; it can end sooner if the parents’
absence or illness ends before a year is up. In
the event of the parents’ death, it can last 90
additional days to give the standby guardian time
to ask the probate court to make the guardianship
permanent.
TO REMOVE CHILD'S PARENTS AS GUARDIANS:
If a child's parents are unable to properly care
for their child, an application can be filed in
probate court to have the parents removed as
guardians. Parents can have their rights as the
natural guardians of the child removed if the
parents give consent, if the child has been
abandoned, if the child has been denied care,
guidance and control necessary for his/her
well-being, or if the child has had injuries
inflicted upon him/her by other than accidental
means. A grandparent or relative can be the
guardian, or if there is no family member
available, the DCF can be appointed as guardian.
TERMINATION OF PARENTAL RIGHTS:
Termination of parental rights to a child is a
final court order that completely severs the legal
relationship between the parents and the child.
The court may terminate parental rights if one or
more of the following conditions can be proven:
- The parents have consented to the
termination;
- The child has been abandoned by the parents;
- The parents and child have no ongoing
relationship;
- The child was found to be neglected, was in
the care of DCF for at least 15 months, and the
parents have failed to improve enough to parent
safely;
- The child is under age 7, and is neglected,
and the parental rights to another child were
previously terminated and the parents have not
been rehabilitated;
- The child has suffered abuse because of the
parents’ actions or failure to act;
- The parent seriously injured or attempted to
seriously injure another of his/her children; or
- The parent was convicted in court of a sexual
assault that resulted in the child’s conception.
If only one parent’s rights are terminated, the
other parent will become the child’s sole parent
and legal guardian. If both parents’ rights are
terminated, a grandparent, relative, or someone
else will be appointed as guardian. A person
applying as the child’s guardian may be appointed
at the same time that the parents’ rights are
terminated.
TO GET APPOINTED AS GUARDIAN:
The probate court will ask DCF to conduct an
investigation to determine the physical, mental,
social, and financial conditions of the parents
and the grandparents or relatives applying for
guardianship. If the court grants guardianship, it
will issue a written decree removing the parents
as guardians and appointing the applicant as
guardian in their place. It may also grant
visitation rights to one or both parents or to
other family members. Guardianship remains in
effect until one or both parents apply to have
their guardianship rights reinstated, until the
guardian resigns or is removed, or until the child
turns 18, when he/she is considered to be an
adult.
CO-GUARDIANS: A grandparent or
relative can also become a Co-Guardian if the
child has only one parent. Being a co-guardian
means sharing the legal responsibility for the
care of the child with the sole remaining parent.
As with guardianship, the probate court will grant
co-guardianship after a DCF investigation and
hearing.
ADOPTING A GRANDCHILD OR OTHER
RELATIVE
A grandparent or relative may want to consider
adoption if they want to take complete and
permanent responsibility for the child and
eliminate the possibility that the child’s birth
parents, if alive, will ever be able legally to
interfere. Adoption shouldn’t be considered an
option if the child may reunite with his/her birth
parents someday or if the grandparent or relative
can only care for the child temporarily. In order
to adopt a child, the child must be free to be
adopted by having the birth parents’ rights
terminated. Then, an adoption application needs to
be filed with the probate court along with an
agreement of adoption. DCF will investigate and
determine whether the applicant would be a good
adoptive parent. If the child is 12 or older, he
or she must also agree to be adopted.
RESOURCES FOR KINSHIP CAREGIVERS
GRANDPARENT AND OTHER CUSTODIAL
RELATIVES SUPPORT GROUPS – There are
support groups in Connecticut for relatives
raising children. These groups supply
information about benefit programs as well as
social and emotional support to the caregiver.
For referral to a group, call 2-1-1 or the
Grandparent Support Program (GAPS) (www.ct.gov/agingservices/cwp/view.asp?a=2513&q=313054)
of DSS’s Aging Services Division.
CHILD CARE -The Department of
Social Services (DSS) (www.ct.gov/dss/)
administers a Child Care Assistance program to
provide child care subsidies for low to moderate
income families with dependent children who need
child care during their work or training hours.
The program is run by Care 4 Kids and further
information can be found at its website: www.ctcare4kids.com/
SPECIAL EDUCATION – A child
with a disability is entitled to special
educational services from his/her school
district. Request an evaluation, which will be
conducted by a Planning and Placement Team
(PPT). The PPT will then write up an Individual
Education Plan (IEP) describing the program and
services that the child will receive. Children
younger than age 3 with developmental delays may
be eligible for early intervention services
through the Connecticut Birth to Three Program (www.birth23.org/)
FINANCIAL ASSISTANCE:
TFA - Any relative who has a
child living with them can receive TFA
(Temporary Financial Assistance) for the child
only, regardless of the relative's income or
assets. The custody arrangement does not have to
be legalized. Relatives will need to verify that
they are related and that the child resides with
them. In addition they will need to verify any
income or assets that the child has. They will
also be required to cooperate with child support
in locating and obtaining child support from the
absent parents. Information that will be needed
includes parents' names, social security
numbers, employment, known addresses, etc.
KINSHIP FUND - There are two
funds for income eligible relatives who were
granted guardianship of a relative's child by a
Probate Court or Superior Court in Connecticut:
1) KINSHIP GRANT provides up to $250 per child
per year (with an annual family cap of $1000)
for children in the care of relatives who were
appointed legal guardian by the Court. Funds
must be used for the child's needs, such as the
child's health needs, basic needs, enrichment
and educational activities, and for expenses
that help children participate fully in school
life, such as school clubs and sports fees,
events that mark milestones for the child such
as class photos, graduation fees, and other
events important to the child.
2) RESPITE GRANT provides up to $2000 per family
per year to directly benefit guardians. Funds
can be used for rent, rental deposits, household
furnishings, utilities, food, transportation,
and such other expenses as the Court determines
appropriate.
SUBSIDIZED GUARDIANSHIP PROGRAM
- Subsidized Guardianship Program provides a
financial subsidy for DCF-committed children who
are being taken care of by a blood relative. The
purpose of the program is to provide a permanent
plan for children when they have been placed
with relative caregivers and they cannot return
home. The subsidy amount is the same as DCF's
foster care rate for the child's age and special
needs, minus the child's assets and income. The
subsidy includes medical benefits for the child.
If the goal for the child is to reunify him/her
with the birth parent, the relative is not
eligible for this program. Once accepted into
the program, all DCF involvement and assistance
is discontinued. Relatives are referred for
subsidy program by the child's DCF social
worker; No self referrals. To be eligible, 1)
The child must have been in DCF custody for at
least 18 months, and at least 12 of these months
the child must have been in the care of the
relative seeking the subsidy. Neither the 18 nor
the 12 months have to be consecutive months; 2)
The child must be under 18 years old when
initiating the subsidy, but can be up to 21
years old to continue the subsidy if he/she is
in secondary school, technical school, college
fulltime, or in a state-accredited job training
program; 3) The subsidized relative and all
family members are assessed for suitability;
assessment includes local, state and FBI
criminal background checks, drug screens for all
family members, demonstration that the relative
can provide for the child's needs without DCF's
continued involvement and support, except for
the financial and/or medical subsidy, and
demonstration that the relative has established
a nurturing, stable relationship with the child.
FOOD PROGRAMS – Programs for
adults or older adults include SNAP (food
stamps), emergency food assistance through town
social service agencies and departments, and the
Elderly Nutrition Program for people ages 60 and
older. Programs for children include school
lunch/breakfast programs for students (contact
the local school) and Women, Infants and
Children (WIC) which provides food vouchers for
pregnant women and children ages 4 and under.
The Summer Food Service Program provides free
lunches (and breakfasts at some sites) at parks,
schools, churches, and other locations
throughout Connecticut during the summer.
HEALTH CARE – All children in
Connecticut can be eligible for health insurance
under the HUSKY program. (www.huskyhealth.com/)
Some custodial relatives are also eligible.
Children who have a chronic, organic disabling
condition can receive additional services
through the Connecticut Children with Special
Health Care Needs Program. Also, check to see if
the child’s school has a School-Based Health
Center. These centers provide many services at
no cost.
LEGAL SERVICES – There are
legal services agencies in all parts of
Connecticut for low income households that
provide free legal help for civil legal matters
including children and family, financial
assistance benefits, housing, and medical
coverage. Contact Statewide Legal Services (www.slsct.org/)
for information and referrals.
SOCIAL AND MENTAL HEALTH SERVICES
– Child guidance clinics, community mental
health centers, and family service agencies can
help with issues such as alcohol and drugs,
depression, and stress. Call 2-1-1 for further
information on local agencies that provide
mental health services. Youth service bureaus
can also help find counseling, employment, and
other programs for children and teens. Call
2-1-1 to find your town's youth service bureau.
TAX CREDITS – The Earned
Income Credit (EIC) is a federal tax credit for
low to moderate-income working people. Eligible
workers who are raising children, grandchildren,
stepchildren, adopted children or foster
children can qualify for a larger tax credit if
the child has lived with them for at least six
months (or for a full year for foster children).
Other tax credits are the Child Tax Credit and
the Child and Dependent Care Tax Credit.
ADDITIONAL RESOURCES
TO FIND PROVIDERS IN
CONNECTICUT'S COMMUNITY RESOURCES DATABASE GO
TO:
http://www.211ct.org/focus/kinshiplist.asp
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SOURCES: "1999 Connecticut
Resource Guide for Grandparents Raising
Grandchildren" (Published by AARP and produced
by Greater Hartford Legal Assistance, Hartford
Neighborhood Centers, Inc., Hispanic Health
Council, Inc., The Institute for the Hispanic
Family and The Village for Families and
Children); AARP website; 2-1-1 Database
INTERNET PAGE PREPARED BY: 211/pt
CONTENT LAST REVIEWED: November2012
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