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Grandfamilies: Challenges of Caring for a Second Family (page 4)

Generations United

Legal

Legal issues are frequently among the top concerns for grandfamilies:

  • The process of obtaining a legal relationship with the children – such as adoption, legal custody or guardianship – is usually expensive, time-consuming, and can be disruptive to family dynamics.
  • Opting to raise the children without any legal relationship may severely limit caregivers’ ability to access services on the children’s behalf.
  • Private attorneys may be unaffordable, and other existing legal resources – such as legal aid and law school clinics – may be unknown to caregivers or not easily accessed.
  • Kinship navigator programs help link caregivers with legal resources, but the vast majority of states do not have these programs.
  • Thirty-five states and the District of Columbia have subsidized guardianship programs, which provide ongoing subsidies to eligible children who exit the child welfare system into the permanent care of legal guardians, often relatives. Although proven  successful, these programs are not usually federally funded and are not available to most grandfamilies.
  • Other creative legal options, such as de facto custody, only exist in a handful of states.
  • Many states still lack medical and education consent laws, which allow caregivers without a legal relationship to the children to access school enrollment and necessary health care on their behalf.

Physical and Mental Health

The children and caregivers in grandfamilies face serious physical and mental health challenges and obstacles:

  • Relative caregivers often face obstacles enrolling the children they raise in either public or private health insurance. Some states impose restrictive policies – such as requiring caregivers to prove that they are related to children – that make it difficult to enroll the children in Medicaid or the Children’s Health Insurance Program. Private insurance frequently requires adoption in order for children to be included on caregivers’ policies.
  • Caregivers are often unable to attend to their own medical needs due to a lack of daycare, respite care or adequate medical insurance.
  • Grandparent caregivers have been found to frequently suffer stress-related health problems like depression, diabetes, hypertension, insomnia, and gastric distress.22
  • Supportive services – such as caregiver support groups, respite, and counseling – help the families cope with their physical and mental health issues, but these services may be unavailable. The National Family Caregiver Support Program–which federally funds Area Agencies on Aging (AAAs) to help relative and other family caregivers–is limited. It is restricted to relative  caregivers age 60 and older, no more than 10% of the funds can be used to help these caregivers, and some AAAs opt not to use these funds to serve this population.
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