KINSHIP CAREKINSHIP CAREP liP liPolicy Policy

&&&&Legislative ActivityLegislative Activity

2001 t P t2001 t P t2001 to Present2001 to PresentMonroe County Family CourtMonroe County Family Court

Babies Can’t Wait Babies Can’t Wait –– Teens Wont’ WaitTeens Wont’ Wait

NYS KINSHIP NAVIGATORNYS KINSHIP NAVIGATORNYS KINSHIP NAVIGATORNYS KINSHIP NAVIGATOR

WWW.NYSNAVIGATOR.ORGWWW.NYSNAVIGATOR.ORG11--877877--44--KINFO (877KINFO (877--454454--6463)6463)(( ))STATEWIDE REFERRALSSTATEWIDE REFERRALSLEGAL FACT SHEETS (CITED)LEGAL FACT SHEETS (CITED)G C S S (C )G C S S (C )COUNTY AND STATE RESOURCESCOUNTY AND STATE RESOURCESEVENTS EVENTS -- NEWSNEWSEVENTS EVENTS NEWSNEWSPROFESSIONAL NETWORKINGPROFESSIONAL NETWORKING

AARP NYAARP NYAARP NYAARP NYEDUCATION EDUCATION EDUCATION EDUCATION NYS KINCARE COALITIONNYS KINCARE COALITIONEE NEWS LETTER FOR NEWS LETTER FOR EE--NEWS LETTER FOR NEWS LETTER FOR PROFESSIONALSPROFESSIONALSREGIONAL AND STATE SUMMITSREGIONAL AND STATE SUMMITS

SUPPORT FROM THE NEW YORK LIFE SUPPORT FROM THE NEW YORK LIFE AND AARP FOUNDATIONSAND AARP FOUNDATIONSAND AARP FOUNDATIONSAND AARP FOUNDATIONS

A INTRODUCTIONA INTRODUCTIONA. INTRODUCTIONA. INTRODUCTION

Albany Law School’sAlbany Law School’sGovernment Law CenterGovernment Law CenterGovernment Law CenterGovernment Law Center

Hunter College’sHunter College’sGrandparent Caregiver Law CenterGrandparent Caregiver Law CenterGrandparent Caregiver Law CenterGrandparent Caregiver Law Center

KINSHIP CAREGIVERSKINSHIP CAREGIVERSKINSHIP CAREGIVERSKINSHIP CAREGIVERSMy first interviews (1996)My first interviews (1996)My first interviews (1996)My first interviews (1996)

B i itt B i itt C t llC t ll Ci d F t i Ci d F t iBrigitte Brigitte CastellanoCastellano; Cindy Fountain; Cindy Fountain

National Committee of Grandparents National Committee of Grandparents for Children’s Rightsfor Children’s Rightsgg

NYS Caregiver CouncilNYS Caregiver CouncilNYS Caregiver CouncilNYS Caregiver Council

NATIONAL STATISTICSNATIONAL STATISTICSNATIONAL STATISTICSNATIONAL STATISTICS500,000 children in foster care500,000 children in foster care500,000 c d e oste ca e500,000 c d e oste ca e140,000 of these with relatives140,000 of these with relatives

2.6 million grandparent caregivers2.6 million grandparent caregivers1.4 million1.4 million grandparent caregivers in grandparent caregivers in “labor force”“labor force”477,000477,000 below poverty levelbelow poverty levell l d “ ”l l d “ ”Plus Aunts, Uncles, and “Fictive” Plus Aunts, Uncles, and “Fictive”

A i C it S A i C it S 20082008American Community Survey American Community Survey -- 20082008

One Child Welfare SystemOne Child Welfare SystemOne Child Welfare SystemOne Child Welfare SystemPublic Kinship CarePublic Kinship CarePublic Kinship CarePublic Kinship Care

P i t Ki hi CP i t Ki hi CPrivate Kinship CarePrivate Kinship Care

Upstate Upstate

DownstateDownstate

SIMILAR CAUSESSIMILAR CAUSESSIMILAR CAUSESSIMILAR CAUSESPRIVATE KINSHIP CAREPRIVATE KINSHIP CAREPRIVATE KINSHIP CAREPRIVATE KINSHIP CARE

Abuse, Neglect or AbandonmentAbuse, Neglect or AbandonmentP l l h l d/ b bP l l h l d/ b bParental alcohol and/or substance abusersParental alcohol and/or substance abusersParents are deceased, mentally ill or unable or Parents are deceased, mentally ill or unable or unwilling to parentunwilling to parentMilitary deploymentMilitary deploymenty p yy p yMathematics (2Mathematics (2--11--1=0)1=0)

KINSHIP CHILDRENKINSHIP CHILDREND l t l P h /S i l T LD l t l P h /S i l T L

KINSHIP CHILDRENKINSHIP CHILDRENDevelopmental, Psycho/Social, Trauma, LossDevelopmental, Psycho/Social, Trauma, Loss

SmithgallSmithgall, C., Mason, S.. , C., Mason, S.. MichelsMichels, S., , S., LiCalsiLiCalsi, C., & , C., & GoergeGoerge, R. (2006). , R. (2006). Caring for Caring for their children’s children: Assessing the mental health needs and service experiences their children’s children: Assessing the mental health needs and service experiences their children s children: Assessing the mental health needs and service experiences their children s children: Assessing the mental health needs and service experiences of grandparent caregiver familiesof grandparent caregiver families. Chapin Hall, University of Chicago. . Chapin Hall, University of Chicago. Kinney, J., McGrew, K., Nelson, I. (2003). Kinney, J., McGrew, K., Nelson, I. (2003). Grandparent Caregivers to Children with Grandparent Caregivers to Children with Developmental Disabilities: Added ChallengesDevelopmental Disabilities: Added Challenges. New York: Springer Publishing . New York: Springer Publishing Company.Company.SmithgallSmithgall, C., Mason, S., , C., Mason, S., MichelsMichels, L., , L., LiCalsiLiCalsi, C., & , C., & GoergeGoerge, R. (2006)., R. (2006). Caring for their Caring for their Children’s Children Assessing the Mental Health Needs and Service Experiences of Children’s Children Assessing the Mental Health Needs and Service Experiences of Grandparent Caregiver Families Chapin Hall Center for Children: Summary Sheet Grandparent Caregiver Families Chapin Hall Center for Children: Summary Sheet 103.103.A study conducted in 1994 found that 70 percent of grandparents reported caring for A study conducted in 1994 found that 70 percent of grandparents reported caring for y p g p p gy p g p p ga child with one or more medical, psychological or behavioral problems. Lai, D. & a child with one or more medical, psychological or behavioral problems. Lai, D. & Yuan, S. (1994). Yuan, S. (1994). GrandparentingGrandparenting in Cuyahoga County: A report of survey findings. in Cuyahoga County: A report of survey findings. Cleveland, OH: Cuyahoga County Community Office of Aging.Cleveland, OH: Cuyahoga County Community Office of Aging.“Over a quarter of the caregivers (27.5%) indicated that the child had a disability.” “Over a quarter of the caregivers (27.5%) indicated that the child had a disability.” Gleeson et al. (2008). Individual and social protective factors for children in informal Gleeson et al. (2008). Individual and social protective factors for children in informal Gleeson et al. (2008). Individual and social protective factors for children in informal Gleeson et al. (2008). Individual and social protective factors for children in informal kinship care. Jane Addams College of Social Work, University of Illinois at Chicagokinship care. Jane Addams College of Social Work, University of Illinois at Chicago

OUTCOMESOUTCOMESOUTCOMESOUTCOMESKINSHIP CARE GETS BETTER KINSHIP CARE GETS BETTER KINSHIP CARE GETS BETTER KINSHIP CARE GETS BETTER OUTCOMESOUTCOMESData from a national survey Data from a national survey Data from a national survey Data from a national survey demonstrates that children in demonstrates that children in informal kinship care have better informal kinship care have better informal kinship care have better informal kinship care have better outcomes than children in foster outcomes than children in foster care Archives of Pediatrics and care Archives of Pediatrics and care, Archives of Pediatrics and care, Archives of Pediatrics and Adolescent Medicine, June 2008.Adolescent Medicine, June 2008.

B FEDERAL POLICIESB FEDERAL POLICIESB. FEDERAL POLICIESB. FEDERAL POLICIES

PUBLIC ASSISTANCE (AFDC) PUBLIC ASSISTANCE (AFDC)

CHILD WELFARECHILD WELFARE

AGINGAGINGAGINGAGING

PUBLIC ASSISTANCEPUBLIC ASSISTANCEAmendments Amendments -- 1950 Social Security Act 1950 Social Security Act Aid to Families with Dependent Children Aid to Families with Dependent Children (AFDC)(AFDC)Relative caretakers could apply for Relative caretakers could apply for Relative caretakers could apply for Relative caretakers could apply for assistance for themselves and for the assistance for themselves and for the children just like any other needy family. children just like any other needy family. j y y yj y y yCaregivers could, regardless of their Caregivers could, regardless of their income, receive payment for only the child income, receive payment for only the child

hild i th i " hild hild i th i " hild l " l " or children in their care, a "childor children in their care, a "child--only" only" grant. Noted that this second scenario was grant. Noted that this second scenario was permitted because relatives were not permitted because relatives were not permitted because relatives were not permitted because relatives were not legally required to care for the child. legally required to care for the child.

PUBLIC ASSISTANCEPUBLIC ASSISTANCEPUBLIC ASSISTANCEPUBLIC ASSISTANCE

Public Assistance: AFDC Public Assistance: AFDC –– TANFTANFO l 28 t f ki hi O l 28 t f ki hi Only 28 percent of kinship care Only 28 percent of kinship care children lived with a relative who children lived with a relative who

i d AFDC (i d AFDC (Eh lEh l t l 2001) t l 2001) received AFDC (received AFDC (EhrleEhrle et al., 2001). et al., 2001).

2009 2009 –– NYSOTDA NYSOTDA –– 26,000 children 26,000 children receive “receive “nonnon--parent” grantsparent” grantsp gp g

CHILD WELFARE CHILD WELFARE

Exception for Native AmericansException for Native Americans

Indian Child Welfare Act of 1978, federal policy Indian Child Welfare Act of 1978, federal policy stated that in Native American placements, a stated that in Native American placements, a child should be "within reasonable proximity to child should be "within reasonable proximity to child should be within reasonable proximity to child should be within reasonable proximity to his or her home . . ." and that states should aim his or her home . . ." and that states should aim to place the child with "a member of the Indian to place the child with "a member of the Indian

child's extended family. . . ."child's extended family. . . ."

CHILD WELFARECHILD WELFARECHILD WELFARECHILD WELFARE1980 Adoption Assistance and Child Welfare Act1980 Adoption Assistance and Child Welfare Actpp

"least restrictive, most family"least restrictive, most family--like setting like setting yy ggavailable located in close proximity to the available located in close proximity to the parent's home, consistent with the best interests parent's home, consistent with the best interests and special needs of the child "and special needs of the child "and special needs of the child. and special needs of the child. Many states interpreted this act as an implicit Many states interpreted this act as an implicit preference for the use of kin as foster preference for the use of kin as foster ppcaregivers, and several states began to enact caregivers, and several states began to enact laws that explicitly laws that explicitly preferredpreferred kin.kin.

Kinship Child Welfare PoliciesKinship Child Welfare PoliciesKinship Child Welfare PoliciesKinship Child Welfare Policies1996 Personal Responsibility and Work1996 Personal Responsibility and Work1996 Personal Responsibility and Work 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) Opportunity Reconciliation Act (PRWORA)

known as the legislation that reshaped the nation's cash known as the legislation that reshaped the nation's cash assistance landscape, it also requires states to assistance landscape, it also requires states to

"consider giving preference to an adult relative over a "consider giving preference to an adult relative over a nonnon--related caregiver when determining a placement forrelated caregiver when determining a placement fornonnon--related caregiver when determining a placement for related caregiver when determining a placement for a child, provided that the relative caregiver meets all a child, provided that the relative caregiver meets all relevant state child protection standards."relevant state child protection standards."

1997 Adoption and Safe 1997 Adoption and Safe Families Act (ASFA)Families Act (ASFA)Families Act (ASFA) Families Act (ASFA)

"a fit and willing relative" can provide a"a fit and willing relative" can provide aa fit and willing relative can provide a a fit and willing relative can provide a "planned permanent living arrangement.“"planned permanent living arrangement.“

Termination of parental rights does not Termination of parental rights does not have to occur within the allotted timehave to occur within the allotted timehave to occur within the allotted time have to occur within the allotted time frame if.frame if.

"at the option of the state, the child "at the option of the state, the child is being cared for by a relative." is being cared for by a relative." is being cared for by a relative. is being cared for by a relative.

Fostering Connections to Fostering Connections to Success (2008)Success (2008)Success (2008)Success (2008)

NOTIFICATION (see FCA 1017)NOTIFICATION (see FCA 1017)NOTIFICATION (see FCA 1017)NOTIFICATION (see FCA 1017)

SUBSIDIZED GUARDIANSHIP SUBSIDIZED GUARDIANSHIP SUBSIDIZED GUARDIANSHIP SUBSIDIZED GUARDIANSHIP OPTIONOPTION

NAVIGATOR (5 MILLION)NAVIGATOR (5 MILLION)( )( )

EDUCATION STABILITY EDUCATION STABILITY TRAININGTRAININGEDUCATION STABILITY EDUCATION STABILITY -- TRAININGTRAINING

BETTER OUTCOMESBETTER OUTCOMESBETTER OUTCOMESBETTER OUTCOMESAcademy of Adolescent and Pediatric Academy of Adolescent and Pediatric Academy of Adolescent and Pediatric Academy of Adolescent and Pediatric MedicineMedicineJune 2008June 2008June, 2008June, 2008Children in Private Kinship Care Children in Private Kinship Care A hi B tt O t th A hi B tt O t th Achieve Better Outcomes than Achieve Better Outcomes than Children in Foster CareChildren in Foster Care

Older Americans ActOlder Americans ActOlder Americans ActOlder Americans ActCaregiver Support Act (Older Caregiver Support Act (Older Caregiver Support Act (Older Caregiver Support Act (Older Americans Act) (2001)Americans Act) (2001)

10% Discretionary to AAA’s10% Discretionary to AAA’s

Area Offices on Aging Area Offices on Aging -- NYOFANYOFAg gg g

C Kinship Care State PoliciesC Kinship Care State PoliciesC. Kinship Care State PoliciesC. Kinship Care State Policies

Use of Kin as Foster ParentsUse of Kin as Foster ParentsDiversionDiversionSubsidized GuardianshipSubsidized GuardianshipServices to Private Kinship CareServices to Private Kinship CareServices to Private Kinship CareServices to Private Kinship CareOCFS, OTDA, and OFAOCFS, OTDA, and OFALocal ProgramsLocal Programs

NYS PUBLIC KINSHIP CARENYS PUBLIC KINSHIP CARENYS PUBLIC KINSHIP CARENYS PUBLIC KINSHIP CARE6 300 children in approved relative 6 300 children in approved relative 6,300 children in approved relative 6,300 children in approved relative homes statewidehomes statewide88% in custody of ACS88% in custody of ACS88% in custody of ACS88% in custody of ACSStatewide about 25% of all foster Statewide about 25% of all foster carecare59% Title IV59% Title IV--EligibilityEligibility89% (“normal) foster care rate89% (“normal) foster care rate

NYS PUBLIC KINSHIP CARENYS PUBLIC KINSHIP CARENYS PUBLIC KINSHIP CARENYS PUBLIC KINSHIP CAREAll Foster Care = 26 032All Foster Care = 26 032All Foster Care = 26,032All Foster Care = 26,032NYC Foster Care = 16,272NYC Foster Care = 16,272“U t t ” F t C 9 760“U t t ” F t C 9 760“Upstate” Foster Care = 9,760“Upstate” Foster Care = 9,760

All Relative Foster = 6,329All Relative Foster = 6,329NYC Relative Foster = 5 585NYC Relative Foster = 5 585NYC Relative Foster = 5,585NYC Relative Foster = 5,585“Upstate” Relative Foster = 744“Upstate” Relative Foster = 744

PRIVATE KINSHIP CAREPRIVATE KINSHIP CAREPRIVATE KINSHIP CAREPRIVATE KINSHIP CARE2000 Census 2000 Census –– Grandparents “solely”Grandparents “solely”2000 Census 2000 Census Grandparents solelyGrandparents solely

A i C it SA i C it SAmerican Community SurveyAmerican Community Survey

Public Assistance PaymentsPublic Assistance PaymentsPublic Assistance PaymentsPublic Assistance Payments

NonNon--Parent Public AssistanceParent Public Assistance32 000 hild32 000 hild32,000 children32,000 children$400 plus $124 per additional child$400 plus $124 per additional child

d dd dMedicaidMedicaidChildcare?Childcare?Good Cause ExemptionGood Cause Exemption

Foster Care PaymentsFoster Care PaymentsFoster Care PaymentsFoster Care Payments

“Kinship” Child Welfare“Kinship” Child Welfare$$ i li d 613i li d 613$non$non--specialized = 613specialized = 613special = $1,140special = $1,140

$$exception = $1,179exception = $1,179

Direct costs: $22,000Direct costs: $22,000Indirect costs: $24,000Indirect costs: $24,000

Private or PublicPrivate or PublicPublic AssistancePublic AssistanceGeneral ServicesGeneral ServicesOCFS Kinship ProgramOCFS Kinship ProgramOCFS Kinship ProgramOCFS Kinship ProgramSpecialized Services Specialized Services ORORORORKinship Foster CareKinship Foster Care1017 (direct, “N” docket)1017 (direct, “N” docket)CPS DilemmasCPS DilemmasCPS DilemmasCPS DilemmasSubsidized Guardianship?Subsidized Guardianship?

Child Welfare: Child Welfare: NYC vs “Upstate”?NYC vs “Upstate”?NYC vs. Upstate ?NYC vs. Upstate ?

Statistical DifferenceStatistical Difference-- Why?Why?Statistical DifferenceStatistical Difference Why?Why?Upon removalUpon removalW itt N tiW itt N tiWritten NoticeWritten NoticeCourthouseCourthouseQualifyingQualifying“N” docket“N” docketN docketN docketWithout Without

State PrivateState PrivateKinship “Rights” PoliciesKinship “Rights” PoliciesKinship Rights PoliciesKinship Rights Policies

Growth of RightsGrowth of RightsG d t Vi it tiG d t Vi it tiGrandparent VisitationGrandparent VisitationStandby GuardianshipStandby GuardianshipDe Facto CustodyDe Facto CustodyInterstate Compact on ChildrenInterstate Compact on ChildrenInterstate Compact on ChildrenInterstate Compact on ChildrenUniform Child Custody Uniform Child Custody JurJur. . EnfEnf. Act. ActN tifi tiN tifi tiNotificationNotification

Reminder!Reminder!It’s About Children:It’s About Children:Special ChallengesSpecial ChallengesSpecial ChallengesSpecial Challenges

h h f d l l d b lhigher rates of developmental disabilitiesemotional problemsphysical and learning disabilities, bereavement issuesattachment disorders, andparental alienationparental alienation

Outcomes for Children!Outcomes for Children!Assistance AND Rights to kinship caregivers is a

MEANS to an END

Permanency, Safety, Well-Being

Less Stress during Childhood

Better Quality Home LifeBetter Quality Home Life

Stable and Productive Home Lives

Testa, M. F. (2005a). The quality of permanence—Lasing or binding? Subsidized guardianship and kinship foster care as alternatives to adoption. Virginia Journal of Social Policy and Law, 12(3), 499-534.Social olicy and Law, (3), 99 53 .

D What Caregivers WantD What Caregivers WantD. What Caregivers WantD. What Caregivers WantRights and AssistanceRights and Assistanceg ts a d ss sta ceg ts a d ss sta ce

Opportunity to CareOpportunity to Carepp ypp y

Right to Care for ChildrenRight to Care for Children

Protections for Children in Caregiver Protections for Children in Caregiver HomesHomes

A i t h N d dA i t h N d dAssistance when Needed.Assistance when Needed.

BarriersBarriersRights:Rights:Parental PowerParental PowerParental PowerParental PowerState PowerState PowerInadequate Legal RecognitionInadequate Legal Recognitionq g gq g g

Assistance: Assistance: MisinformationMisinformationUnderUnder--inclusive lawsinclusive lawsLack of Focus and ConnectivityLack of Focus and ConnectivityInadequate program fundingInadequate program funding

Parental ProtectionsParental ProtectionsMeyer v. Nebraska,Meyer v. Nebraska, 262 U.S. 390, 399, 401, 43 S.Ct. 625, 262 U.S. 390, 399, 401, 43 S.Ct. 625,

67 L.Ed. 1042 (1923)67 L.Ed. 1042 (1923),,

Pierce v. Society of Sisters,Pierce v. Society of Sisters, 268 U.S. 510, 534268 U.S. 510, 534--535, 45 535, 45 S.Ct. 571, 69 L.Ed. 1070 (1925)S.Ct. 571, 69 L.Ed. 1070 (1925), ( ), ( )

Prince v. Massachusetts,Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. 438, 88 321 U.S. 158, 64 S.Ct. 438, 88 L Ed 645 (1944)L Ed 645 (1944)L.Ed. 645 (1944)L.Ed. 645 (1944)

Stanley v. Illinois,Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 405 U.S. 645, 651, 92 S.Ct. 1208, 31 yyL.Ed.2d 551 (1972)L.Ed.2d 551 (1972)

Wisconsin v YoderWisconsin v Yoder 406 U S 205 232 92 S Ct 1526 32406 U S 205 232 92 S Ct 1526 32Wisconsin v. Yoder,Wisconsin v. Yoder, 406 U.S. 205, 232, 92 S.Ct. 1526, 32 406 U.S. 205, 232, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972)L.Ed.2d 15 (1972)

State PowerState PowerState PowerState PowerParens PatriaeParens Patriae

Literally translated, "parent of the country." Literally translated, "parent of the country." Ballentine's Law Dictionary 3d, 911 (1969).Ballentine's Law Dictionary 3d, 911 (1969).

Child W lf L & R l tiChild W lf L & R l tiChild Welfare Laws & RegulationsChild Welfare Laws & Regulations

Santosky v. Kramer,Santosky v. Kramer, 455 U.S. 745, 753, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982)102 S.Ct. 1388, 71 L.Ed.2d 599 (1982)

Custody & VisitationCustody & VisitationVs. ParentsVs. Parents

-- Threshold TestsThreshold Tests-- PresumptionsPresumptions-- Going Back to CourtGoing Back to Court-- VisitationVisitation-- VisitationVisitation

Vs. StatesVs. States-- NoticeNoticeNoticeNotice–– Before RemovalBefore Removal–– Post RemovalPost Removal–– Post TerminationPost Termination–– Visitation (Visitation (Doe v. Doe, 172 P.3d 1067 (Hawaii, Doe v. Doe, 172 P.3d 1067 (Hawaii,

2007)2007) Troxel v GranvilleTroxel v Granville 530 U S 57 120 S Ct530 U S 57 120 S Ct2007)2007) Troxel v. Granville,Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 530 U.S. 57, 120 S.Ct. 2054 (U.S.Wash.,2000)).2054 (U.S.Wash.,2000)).

Substitute ParentsSubstitute ParentsThe Problem of IdentificationThe Problem of Identification

In Loco ParentisIn Loco ParentisNext FriendNext FriendDe Facto CustodianDe Facto CustodianDependent Upon Dependent Upon Degree of ConsanguinityDegree of ConsanguinityDegree of ConsanguinityDegree of ConsanguinityPerson in Parental RelationshipPerson in Parental RelationshipAnd MoreAnd More

Moore v. City of East ClevelandMoore v. City of East Cleveland,, 431 U.S. 494, 97 S.Ct. 431 U.S. 494, 97 S.Ct. 1932 (U S Ohio 1977)1932 (U S Ohio 1977)1932 (U.S.Ohio, 1977). 1932 (U.S.Ohio, 1977).

Uniform Child CustodyUniform Child CustodyUniform Child Custody Uniform Child Custody Jurisdiction & Enforcement ActJurisdiction & Enforcement Act

(13) "Person acting as a parent" means a person, other than a (13) "Person acting as a parent" means a person, other than a parent, who:parent, who:

(A) has physical custody of the child or has had physical (A) has physical custody of the child or has had physical (A) has physical custody of the child or has had physical (A) has physical custody of the child or has had physical custody for a period of six consecutive months, including custody for a period of six consecutive months, including any temporary absence, within one year immediately any temporary absence, within one year immediately before the commencement of a childbefore the commencement of a child--custody proceeding; custody proceeding; before the commencement of a childbefore the commencement of a child custody proceeding; custody proceeding; andand

(B) has been awarded legal custody by a court or claims a (B) has been awarded legal custody by a court or claims a right to legal custody under the law of this State.right to legal custody under the law of this State.right to legal custody under the law of this State.right to legal custody under the law of this State.

(14) "Physical custody" means the physical care and (14) "Physical custody" means the physical care and supervision of a child.supervision of a child.

Compare to Parental Kidnaping Prevention Act (PKPA), 28 Compare to Parental Kidnaping Prevention Act (PKPA), 28 U.S.C. U.S.C. §§ 173173

Children’s RightsChildren’s Rightsgg“To Maintain parent“To Maintain parent--like relationship”like relationship”

Smith v. Organization of Foster Families For Equality Smith v. Organization of Foster Families For Equality and Reformand Reform 431 U S 816 97 S Ct 2094 (U S N Y431 U S 816 97 S Ct 2094 (U S N Yand Reform,and Reform, 431 U.S. 816, 97 S.Ct. 2094 (U.S.N.Y., 431 U.S. 816, 97 S.Ct. 2094 (U.S.N.Y., 1977).1977).Webster v. Ryan,Webster v. Ryan,189 Misc.2d 86, 729 N.Y.S.2d 315 189 Misc.2d 86, 729 N.Y.S.2d 315 (N Y F Ct 2001)(N Y F Ct 2001)(N.Y.Fam.Ct.,2001).(N.Y.Fam.Ct.,2001).United States v. Green, 26 F. Cas. 30, 31 (No. 15,256) United States v. Green, 26 F. Cas. 30, 31 (No. 15,256) (D. R.I. 1824) (stating that the right of the father to have (D. R.I. 1824) (stating that the right of the father to have ( ) ( g g( ) ( g gcustody of his infant child is valid, "[b]ut this is not on custody of his infant child is valid, "[b]ut this is not on account of any absolute right of the father, but for the account of any absolute right of the father, but for the benefit of the infant, the law presuming it to be for his benefit of the infant, the law presuming it to be for his , p g, p ginterest to be under the nurture and care of his natural interest to be under the nurture and care of his natural protector, both for maintenance and education").protector, both for maintenance and education").

E NYS KINSHIP ADVOCACYE NYS KINSHIP ADVOCACYE. NYS KINSHIP ADVOCACYE. NYS KINSHIP ADVOCACY

HistoryHistoryyyAdvocatesAdvocatesSuccessesSuccessesSuccessesSuccessesTacticsTacticsNext StepsNext StepsNext StepsNext Steps

1990’S (Start in NYC)1990’S (Start in NYC)( )( )White House Conference on AgingWhite House Conference on AgingNYC Department for the AgingNYC Department for the AgingNYC Department for the AgingNYC Department for the AgingSteinway GEMSteinway GEMAlbany Law SchoolAlbany Law SchoolAlbany Law SchoolAlbany Law SchoolHunter College Grandparent Caregiver Law Hunter College Grandparent Caregiver Law CenterCenterNYC Kinship Caregiver Task ForceNYC Kinship Caregiver Task ForceFordham UniversityFordham University1996 1996 –– First NYS BillFirst NYS BillErie County DSSErie County DSSGrandparent AdvocatesGrandparent Advocates

2001 2001 –– 2003 2003 National CommitteeNational CommitteeNational CommitteeNational Committee

New Grandparent AdvocatesNew Grandparent Advocatese G a dpa e t d ocatese G a dpa e t d ocates2001 Albany Law School Summit2001 Albany Law School SummitDe Facto CommitteeDe Facto CommitteeLegislative Interest (State and Federal)Legislative Interest (State and Federal)Grandparent Caregiver Law Center in Grandparent Caregiver Law Center in AlbanyAlbanyRegional and Local AdvocacyRegional and Local Advocacy

ll G d llG d llNational National GrandRalliesGrandRalliesCornell Cooperative Extension, Cornell Cooperative Extension, Presbyterian Senior Services CFC OthersPresbyterian Senior Services CFC OthersPresbyterian Senior Services, CFC, OthersPresbyterian Senior Services, CFC, Others

2004 2004 –– Present Present Kincare CoalitionKincare CoalitionKincare CoalitionKincare Coalition

National Committee of GrandparentsNational Committee of GrandparentsNational Committee of GrandparentsNational Committee of GrandparentsAARP NY (New York Life Foundation)AARP NY (New York Life Foundation)KiKi C litiC litiKincareKincare CoalitionCoalitionRegional and Statewide SummitsRegional and Statewide SummitsReportsReportsOCFS Kinship ProgramsOCFS Kinship ProgramsOCFS Kinship ProgramsOCFS Kinship ProgramsAARP NYAARP NY

2004 2004 –– Present Present Kincare CoalitionKincare CoalitionKincare CoalitionKincare Coalition

National Committee of GrandparentsNational Committee of GrandparentsNational Committee of GrandparentsNational Committee of GrandparentsAARP NY (New York Life Foundation)AARP NY (New York Life Foundation)KiKi C litiC litiKincareKincare CoalitionCoalitionRegional and Statewide SummitsRegional and Statewide SummitsReportsReportsOCFS Kinship ProgramsOCFS Kinship ProgramsOCFS Kinship ProgramsOCFS Kinship ProgramsAARP NYAARP NY

2004 2004 –– Present Present Kincare CoalitionKincare CoalitionKincare CoalitionKincare Coalition

National Committee of GrandparentsNational Committee of GrandparentsNational Committee of GrandparentsNational Committee of GrandparentsAARP NY (New York Life Foundation)AARP NY (New York Life Foundation)KiKi C litiC litiKincareKincare CoalitionCoalitionRegional and Statewide SummitsRegional and Statewide SummitsReportsReportsOCFS Kinship ProgramsOCFS Kinship ProgramsOCFS Kinship ProgramsOCFS Kinship ProgramsAARP NYAARP NY

Grandparent AdvocatesGrandparent Advocatespp

Mildred HornMildred HornMildred HornMildred HornDoris WilliamsDoris WilliamsMaria LemonsMaria LemonsMaria LemonsMaria LemonsBrigitee CastellanoBrigitee CastellanoLinda JamesLinda JamesLinda JamesLinda JamesCindy FountainCindy FountainAnd Many More!And Many More!And Many More!And Many More!

Government AdvocatesGovernment AdvocatesGovernment AdvocatesGovernment AdvocatesOffice of Children and Family Office of Children and Family yyServicesServicesOffice of Temporary and Disability Office of Temporary and Disability Office of Temporary and Disability Office of Temporary and Disability AssistanceAssistanceOffice for the AgingOffice for the AgingOffice for the AgingOffice for the AgingLegislature (Senator Legislature (Senator SalandSaland, , Assemblyman Green Senator Assemblyman Green Senator Assemblyman Green, Senator Assemblyman Green, Senator LaValleLaValle, Assembly members Rivera, , Assembly members Rivera, Scarborough; Senators MontgomeryScarborough; Senators MontgomeryScarborough; Senators Montgomery,Scarborough; Senators Montgomery,StewartStewart--Cousins )Cousins )

CHARTCHARTCHARTCHART

LEGAL ARRANGEMENTSLEGAL ARRANGEMENTSELEMENTS OF CAREELEMENTS OF CAREELEMENTS OF CAREELEMENTS OF CARE

Charting the Barriers to CareCharting the Barriers to CareCharting the Barriers to CareCharting the Barriers to Care

LegalArrange-ments

Identified Authority Security Financial Resources

No court ? ? ? ? ?

custody Yes ? ? ? ?

guardian Yes Yes ? ? ?guardian Yes Yes ? ? ?

foster Yes Yes ? Yes Yes

adoption Yes Yes Yes ? ?

F. Accomplishments F. Accomplishments 20012001 --03032001 2001 0303

Standby Guardianship AmendmentsStandby Guardianship AmendmentsSta dby Gua d a s p e d e tsSta dby Gua d a s p e d e ts

Federal Caregiver Support ActFederal Caregiver Support Actg ppg pp

OCFS Kinship Caretaker ProgramOCFS Kinship Caretaker Program

Grandparent Rights ActGrandparent Rights Act

Family Court Act 1017 AmendmentsFamily Court Act 1017 Amendments

Accomplishments 2003Accomplishments 2003 --20062006Accomplishments 2003 Accomplishments 2003 20062006Kinship Caregiver ProgramKinship Caregiver Programs p Ca eg e og as p Ca eg e og a

General Obligations LawGeneral Obligations Lawgg

Family Court Act 1028Family Court Act 1028--aa

Chapter Laws 404 and 519 (2008)Chapter Laws 404 and 519 (2008)

OTDA Informational Letter (Informal)OTDA Informational Letter (Informal)

Refunding and Expansion (Navigator)Refunding and Expansion (Navigator)

Custodial IssuesCustodial IssuesGuintaGuinta v. v. DoxtatorDoxtator (4(4thth Dept) 05Dept) 05

extraordinary circumstancesextraordinary circumstancesextraordinary circumstancesextraordinary circumstancesDebra VV v. Johnson (3Debra VV v. Johnson (3rdrd Dept) 06Dept) 06––Obligation to inform of foster care Obligation to inform of foster care

optionoption

Carton v. Grimm (2Carton v. Grimm (2ndnd Dept) 08Dept) 08––2 years under DRL 72(2)2 years under DRL 72(2)Matter of E. S. (Ct. of Appeals) 07Matter of E. S. (Ct. of Appeals) 07-- Grandparent Visitation Statute ValidGrandparent Visitation Statute ValidppMatter of Jordan (2Matter of Jordan (2ndnd Dept) 09Dept) 09-- Paternal grandma cannot prove bloodPaternal grandma cannot prove blood

G. DilemmasG. DilemmasSeeking the Opportunity to CareSeeking the Opportunity to CareSeeking the Opportunity to CareSeeking the Opportunity to Care

Against ParentsAgainst Parentsga st a e tsga st a e tsUnfitnessUnfitnessPrimary CaregivingPrimary Caregivingy g gy g gResidency versus absent parent?Residency versus absent parent?AbandonmentAbandonment

Against StateAgainst StateNotice Notice –– Search Search –– InformationInformationParental InvolvementParental InvolvementImpermanancyImpermanancy

Private custody, “N” docket, Private custody, “N” docket, Foster CareFoster CareFoster CareFoster Care

Diversion is the new trendDiversion is the new trendDiversion is the new trendDiversion is the new trend––Family DisunityFamily Disunity

Lack of State ControlLack of State Control––Lack of State ControlLack of State Control–– Inadequate Family ProtectionsInadequate Family Protections

Conversion to Article Six (Ch 519)Conversion to Article Six (Ch 519)––Conversion to Article Six (Ch. 519)Conversion to Article Six (Ch. 519)

NotificationNotification––When to Stop?When to Stop?––How To Inform and Document?How To Inform and Document?––Sample FormSample Form

Subsidized GuardianshipSubsidized GuardianshipSubsidized GuardianshipSubsidized Guardianship39 States and D C39 States and D C39 States and D. C.39 States and D. C.Foster Care versus AllFoster Care versus AllF ll P ti lF ll P ti lFull or PartialFull or PartialNonNon--Title IVTitle IV--EEApril 30 OCFS SymposiumApril 30 OCFS SymposiumImplementation: Show Me the MoneyImplementation: Show Me the MoneyImplementation: Show Me the MoneyImplementation: Show Me the MoneyWill it Cost More?Will it Cost More?Will it hi ?Will it hi ?Will it achieve permanency?Will it achieve permanency?

Problems with Kinship FamiliesProblems with Kinship FamiliesProblems with Kinship FamiliesProblems with Kinship FamiliesKinship Families aren’t model Kinship Families aren’t model Kinship Families aren t model Kinship Families aren t model familiesfamilies––Parent IntrusionParent Intrusion––Parent IntrusionParent Intrusion–– “Permanency”“Permanency”

Siblings?Siblings?––Siblings?Siblings?––ControlControl

LL––LossLoss

Kinship Advocacy Kinship Advocacy -- ReportsReportsNYC NYC KincareKincare Task Force: Survey of Task Force: Survey of NYC NYC KincareKincare Task Force: Survey of Task Force: Survey of Caregivers, June 09Caregivers, June 09Ki hi C i N Y k A FiKi hi C i N Y k A FiKinship Care in New York: A FiveKinship Care in New York: A Five--Year Framework for Action 07Year Framework for Action 07Enabling Enabling KincaregiversKincaregivers to Raise to Raise Children (AARP NY) 05Children (AARP NY) 05Survey of Kinship Service Providers Survey of Kinship Service Providers (AARP) 05)(AARP) 05)( ) )( ) )Relative Caregivers. Chapin Hall (02)Relative Caregivers. Chapin Hall (02)Kinship Care in New York State Kinship Care in New York State Kinship Care in New York, State Kinship Care in New York, State Comptroller 95Comptroller 95

H. New York State Coalition’sH. New York State Coalition’s2008 Report2008 Report2008 Report2008 Report

2005 Report 2005 Report –– Action on Ten Action on Ten RecommendationsRecommendationsRecommendationsRecommendations

2008 Report 2008 Report –– Action on Three Action on Three RecommendationsRecommendations

Kinship Care in New York:Kinship Care in New York:A Fi Y F k f A ti A Fi Y F k f A ti A Five Year Framework for Action A Five Year Framework for Action

(2008 Report)(2008 Report)

2007 Kincare summit participant 2007 Kincare summit participant suggestionssuggestionsgggg

Current laws/policies do not support Current laws/policies do not support /p pp/p ppkincare familieskincare families

19 recommendations to support strengths of 19 recommendations to support strengths of kinship familieskinship families

Assistance Assistance -- Focus on Focus on Referrals and ConnectivityReferrals and ConnectivityReferrals and ConnectivityReferrals and Connectivity

Needs:Needs:Needs:Needs:–– Local ResourcesLocal Resources–– Designated StaffDesignated StaffDesignated StaffDesignated Staff–– Networking with Kinship ProgramsNetworking with Kinship Programs

Alliances with Other AgenciesAlliances with Other Agencies–– Alliances with Other AgenciesAlliances with Other Agencies–– Legal AssistanceLegal Assistance

19 Major Recommendations 19 Major Recommendations i ii iin Five Areasin Five Areas

I.I. Special Challenges Special Challenges –– Special ServicesSpecial ServicesII.II. Statewide Kincare Service NetworkStatewide Kincare Service NetworkIII.III. Uniform Data Collection, Measurable Uniform Data Collection, Measurable

Outcomes & ResearchOutcomes & ResearchIV.IV. Statutory & Regulatory ChangesStatutory & Regulatory ChangesV.V. Legal AssistanceLegal Assistancegg

I. Special Challenges I. Special Challenges -- Special Special p gp g ppServicesServices

Kincare families generally interact with three Kincare families generally interact with three service systems: service systems: –– General Public ServicesGeneral Public Services–– Child Welfare ServicesChild Welfare Services–– Special Kinship ServicesSpecial Kinship Services

General ServicesGeneral ServicesGeneral ServicesGeneral ServicesGeneral services refer to programs administered General services refer to programs administered p gp gby state and local government agencies which by state and local government agencies which are generally available to the publicare generally available to the public

Kinship families are often challenged by Kinship families are often challenged by uninformed frontline workers, uninformed frontline workers,

i d t di b t d i li ti i d t di b t d i li ti misunderstandings about needs, misapplication misunderstandings about needs, misapplication of eligibility criteria, underof eligibility criteria, under--inclusive policies inclusive policies and practices and bureaucratic shortcomingsand practices and bureaucratic shortcomings

Steps to Address ChallengesSteps to Address ChallengesCreate an inventory of general servicesCreate an inventory of general services

Uniform screening tool for all agencies to identify Uniform screening tool for all agencies to identify and assess the needs of the familyand assess the needs of the family

Uniform referral protocol to link children to Uniform referral protocol to link children to caregivers with needed servicescaregivers with needed servicescaregivers with needed servicescaregivers with needed services

Provide training on kincare issues across agencies to Provide training on kincare issues across agencies to g gg gcreate knowledgeable staff and cultural competencycreate knowledgeable staff and cultural competency

Child Welfare ServicesChild Welfare ServicesFoster care is one of the programs available in thechild welfare system A range of services ischild welfare system. A range of services isavailable to families in the state/county foster care system. These services often include:y

Case managementReunification servicesPreventive servicesEducationSpecial needs servicesSupervised visitationI d d t li i tiIndependent living preparationAdoption subsidiesRespiteTransportation costsTransportation costs

Getting “Public” Kinship CareGetting “Public” Kinship CareGetting Public Kinship CareGetting Public Kinship CareWhile federal and state laws contain preferences pfor relatives to become caregivers for abused and neglected children, Many kincare families do not:– Have the opportunity to become foster

parentsOth f il t il th l f th – Others fail to avail themselves of the opportunity, some cannot qualify

– Local departments of social services (LDSSs) p ( )may have difficulty locating relatives who are willing to undertake the responsibilitiesCourts and LDSSs may limit access to foster – Courts and LDSSs may limit access to foster care

I. Special Challenges I. Special Challenges -- Special Special Services RecommendationsServices RecommendationsServices RecommendationsServices Recommendations

Recommendation 1Recommendation 1: Strengthen coordination of : Strengthen coordination of ggkincare services offered by NYS Office of Children kincare services offered by NYS Office of Children and Family Services, Office for the Aging and Office and Family Services, Office for the Aging and Office of Temporary and Disability Assistance (Aof Temporary and Disability Assistance (A--11--2)2)

Recommendation 2Recommendation 2: Develop an inventory of : Develop an inventory of general services and use a uniform common general services and use a uniform common general services and use a uniform common general services and use a uniform common protocol for state and local agencies to identify and protocol for state and local agencies to identify and assess the needs of kincare families (Aassess the needs of kincare families (A--22--4)4)

Recommendation 3Recommendation 3: Provide training on kincare : Provide training on kincare issues and cultural diversity to staff of government issues and cultural diversity to staff of government services programs (Aservices programs (A 11 4)4)services programs (Aservices programs (A--11--4)4)

Special Challenges Special Challenges -- Special Special Services RecommendationsServices RecommendationsServices RecommendationsServices Recommendations

Recommendation 4Recommendation 4: Eliminate agency barriers : Eliminate agency barriers to foster care for kincaregivers (A, L, Rto foster care for kincaregivers (A, L, R--11--5)5)

Recommendation 5Recommendation 5: Make services similar to : Make services similar to foster families available to nonfoster kincare foster families available to nonfoster kincare f ili (Lf ili (L 22 5)5)families (Lfamilies (L--22--5)5)

Recommendation 6Recommendation 6: Increase funding for short : Increase funding for short Recommendation 6Recommendation 6: Increase funding for short : Increase funding for short term and long term child care (A, L, Rterm and long term child care (A, L, R--33--4)4)

II. Statewide II. Statewide KincareKincareService NetworkService Network

Outreach to legal assistanceOutreach to legal assistance

OCFS expansionOCFS expansion

OFA, all AAA’s and caregiver centersOFA, all AAA’s and caregiver centersOFA, all AAA s and caregiver centersOFA, all AAA s and caregiver centers

Statewide Kincare Service Statewide Kincare Service NetworkNetworkNetworkNetwork

Kincare programs face several challenges in Kincare programs face several challenges in Kincare programs face several challenges in Kincare programs face several challenges in attempting to make their services available to attempting to make their services available to New York’s kincare families and to offer the New York’s kincare families and to offer the necessary range of servicesnecessary range of services

The current system is a patchwork of programs The current system is a patchwork of programs offering different services, some expansive and offering different services, some expansive and

h li i dh li i dothers more limitedothers more limited

II. Statewide II. Statewide KincareKincare Service Service Network RecommendationsNetwork RecommendationsNetwork RecommendationsNetwork Recommendations

Recommendation 7Recommendation 7: Expand OCFS Kinship : Expand OCFS Kinship p pp pPrograms to serve kincare familiesacross New Programs to serve kincare familiesacross New York State and to include model practices (A, LYork State and to include model practices (A, L--22 5)5)22--5)5)

Recommendation 8Recommendation 8: Expand OFA kinship : Expand OFA kinship Recommendation 8Recommendation 8: Expand OFA kinship : Expand OFA kinship programming by establishing regional caregiver programming by establishing regional caregiver centers and moving towards all AAAs using centers and moving towards all AAAs using Title IIITitle III--E Caregiver Support funds for kincare E Caregiver Support funds for kincare services (A, Lservices (A, L--22--5)5)

III. Data Collection, Measurable III. Data Collection, Measurable O t & R hO t & R hOutcomes & ResearchOutcomes & Research

At present there is no statewide data and At present there is no statewide data and At present there is no statewide data and At present there is no statewide data and research that profiles kincare familiesresearch that profiles kincare families

While some data on New York’s kincare families While some data on New York’s kincare families has been collected, it does not provide:has been collected, it does not provide:pp–– sufficient information to reach conclusions about sufficient information to reach conclusions about

the circumstances of families, the outcomes for the circumstances of families, the outcomes for h ld h ff f dh ld h ff f dchildren, the effectiveness of programs and children, the effectiveness of programs and

policies nor does it facilitate evidence based policies nor does it facilitate evidence based programmatic planningprogrammatic planningprogrammatic planningprogrammatic planning

Data Collection, Measurable Data Collection, Measurable d hd hOutcomes and ResearchOutcomes and Research

Profiling kincare familiesProfiling kincare families

Fund data collection and analysisFund data collection and analysis

Develop evidence based state/local agency Develop evidence based state/local agency policiespoliciespp

Data CollectionData CollectionData CollectionData CollectionCollection of Kincare Data by State AgenciesCollection of Kincare Data by State Agencies

i di dContinued Focus on Permanency as a Core OutcomeContinued Focus on Permanency as a Core OutcomeCollection of Intra and Inter Agency Data Coordinated by OCFS, Collection of Intra and Inter Agency Data Coordinated by OCFS, OTDA and OFAOTDA and OFAUniform Data Collection for OCFS Kinship ProgramsUniform Data Collection for OCFS Kinship ProgramsUniform Data Collection for OCFS Kinship ProgramsUniform Data Collection for OCFS Kinship ProgramsCore Uniform Data from All Kinship ProgramsCore Uniform Data from All Kinship ProgramsTraining for Intake Personnel in Data Collection TechniquesTraining for Intake Personnel in Data Collection TechniquesCollection of Data Regarding Regions, Demographics, Economic Collection of Data Regarding Regions, Demographics, Economic g g g , g p ,g g g , g p ,Conditions, Causes, Loss of Jobs, Incarceration and Other Conditions, Causes, Loss of Jobs, Incarceration and Other CharacteristicsCharacteristicsTargeted Funding for Program Outreach to Kincare FamiliesTargeted Funding for Program Outreach to Kincare FamiliesReview of Mandated OutcomesReview of Mandated OutcomesReview of Mandated OutcomesReview of Mandated OutcomesTracking of Outcomes for Extended PeriodsTracking of Outcomes for Extended PeriodsMeasuring School SuccessMeasuring School SuccessAnalysis of Collected DataAnalysis of Collected DataAnalysis of Collected DataAnalysis of Collected Data

Data Collection, Measurable Data Collection, Measurable O d R h O d R h Outcomes and Research Outcomes and Research

RecommendationRecommendationRecommendation 9Recommendation 9: Fund data collection and : Fund data collection and

l i f d t t it d l t f l i f d t t it d l t f analysis of data to permit developmentof analysis of data to permit developmentof evidence based state and local agency policies evidence based state and local agency policies (A L R(A L R--11--5)5)(A, L, R(A, L, R--11--5)5)

IV. Statutory IV. Statutory d l hd l hand Regulatory Changesand Regulatory Changes

l k fl k fUtilizing kin in foster careUtilizing kin in foster care

“Permanency” “Permanency” -- custody and guardianshipcustody and guardianship

Obtaining public assistanceObtaining public assistance

Parental designationsParental designations

Statutory and Regulatory Statutory and Regulatory Changes RecommendationsChanges RecommendationsChanges RecommendationsChanges Recommendations

Recommendations 10Recommendations 10: Create permanent : Create permanent ppsubsidized guardianship as a legal option (Lsubsidized guardianship as a legal option (L--22--4)4)

Recommendation 11Recommendation 11: Provide procedural : Provide procedural Recommendation 11Recommendation 11: Provide procedural : Provide procedural protections for “N Docket” custodians (Lprotections for “N Docket” custodians (L--22--4)4)

Recommendation 12: Recommendation 12: Mandate an OCFS review Mandate an OCFS review Recommendation 12: Recommendation 12: Mandate an OCFS review Mandate an OCFS review of all Family Court Act Article Ten issues of all Family Court Act Article Ten issues involving the use of kin as caregivers (A, L, Rinvolving the use of kin as caregivers (A, L, R--11--5)5)5)5)

Recommendation 13Recommendation 13: Mandate age appropriate : Mandate age appropriate l i i d di (Ll i i d di (L 22 3)3)consultations in custodyproceedings (Lconsultations in custodyproceedings (L--22--3)3)

Statutory and Regulatory Changes Statutory and Regulatory Changes R d ti C ti dR d ti C ti dRecommendations ContinuedRecommendations Continued

Recommendation 14Recommendation 14: Include kincare : Include kincare circumstances in public assistance “good cause” circumstances in public assistance “good cause” exceptions (Lexceptions (L--11--3)3)R d ti 15R d ti 15 Ch bli i t Ch bli i t Recommendation 15Recommendation 15: Change public assistance : Change public assistance budgeting rules to maximize benefits available budgeting rules to maximize benefits available to kincare providers (L, Rto kincare providers (L, R--11--2)2)p (p ( ))Recommendation 16Recommendation 16: Allow children with : Allow children with different parents to constitute separate filing different parents to constitute separate filing

it t bt i bli i t (Rit t bt i bli i t (R 11 2)2)units to obtain public assistance (Runits to obtain public assistance (R--11--2)2)Recommendation 17Recommendation 17: Allow parental : Allow parental designations to be granted for one year periods designations to be granted for one year periods designations to be granted for one year periods designations to be granted for one year periods (L(L--11--2)2)

V. Legal AssistanceV. Legal Assistancegg

Create statewide legal assistance networkCreate statewide legal assistance networkCreate statewide legal assistance networkCreate statewide legal assistance network

Enhance current resources and expand kincare Enhance current resources and expand kincare Enhance current resources and expand kincare Enhance current resources and expand kincare representationrepresentation

Assigned counselAssigned counsel

Legal AssistanceLegal AssistanceLegal AssistanceLegal AssistanceKinship families’ access to many general services p y gand child welfare programs is often hampered by misunderstandings about applicable laws and a lack of uniform application of existing pp gstatutes, regulations and case law

Alth h b f l l j t h b Although a number of legal projects have been providing legal counsel and assistance to kincare families, and legal information is available from

f hg

a variety of other sources, Summit participants agreed that a broader range of legal resources should be available acrossthe state

V. Legal Assistance V. Legal Assistance RecommendationsRecommendationsRecommendationsRecommendations

Recommendation 18Recommendation 18: Create a statewide legal : Create a statewide legal ggassistance network by enhancing current kincare assistance network by enhancing current kincare legal resources and expanding other legal legal resources and expanding other legal programs to include kincare representation programs to include kincare representation programs to include kincare representation programs to include kincare representation through funding and other assistance of the through funding and other assistance of the Office of Court Administration (A, L, ROffice of Court Administration (A, L, R--11--3)3)(( ))

Recommendation 19Recommendation 19: Mandate assigned counsel : Mandate assigned counsel to kinship caregivers in Family Court Act to kinship caregivers in Family Court Act §§262 262 (L(L--33--4) 4)

Initial Steps to the Initial Steps to the FiveFive Year FrameworkYear FrameworkFiveFive--Year FrameworkYear Framework

As a first step, agencies should increase efforts to p, gcoordinate inter-agency collaborations and the legislature should enact core recommendations

In parallel, agencies and courts can begin to collect data train personnel increase intercollect data, train personnel, increase inter-agency referrals, decrease barriers to kinship foster care and encourage legal programs to focus resources on kinship care

2005 Report Recommendations2005 Report Recommendations2005 Report Recommendations2005 Report RecommendationsEnabling Kincaregivers to Raise Children Enabling Kincaregivers to Raise Children Enabling Kincaregivers to Raise Children Enabling Kincaregivers to Raise Children (June 2005)(June 2005)

Overarching RecommendationsOverarching Recommendations–– Overarching RecommendationsOverarching Recommendations–– Training RecommendationsTraining Recommendations

Statutory RecommendationsStatutory Recommendations–– Statutory RecommendationsStatutory Recommendations–– Funding RecommendationsFunding Recommendations

VI. Expansion and New VI. Expansion and New ProgramsProgramsProgramsPrograms

NavigatorNavigatorggPrivate Agencies Private Agencies –– Special Services (OCFS and OFA Special Services (OCFS and OFA administered)administered)P bli A iP bli A i F Ki hi C i A F Ki hi C i A Public AgenciesPublic Agencies-- Focus on Kinship Caregiver Access Focus on Kinship Caregiver Access to Existing Assistanceto Existing AssistanceIncreased funding for Respite CareIncreased funding for Respite CareIncreased funding for Respite CareIncreased funding for Respite CareAffordable housing in public housing, subsidized Affordable housing in public housing, subsidized housing, NORC’s and Planned Communitieshousing, NORC’s and Planned CommunitiesSpecial focus on mental health, disabilities and Special focus on mental health, disabilities and substance abuse in substance abuse in KincareKincare familiesfamiliesMeasured Outcomes: Permanency and stability for Measured Outcomes: Permanency and stability for Measured Outcomes: Permanency and stability for Measured Outcomes: Permanency and stability for childrenchildren

Report PDFsReport PDFsReport PDFsReport PDFs

Electronic Versions of the 2005 and 2008 Reports can be Electronic Versions of the 2005 and 2008 Reports can be found at:found at:

http://www.nysnavigator.org/sf/providers.phphttp://www.nysnavigator.org/sf/providers.php

2010 Legislation2010 Legislation2010 Legislation2010 LegislationSubsidized GuardianshipSubsidized GuardianshipSubsidized GuardianshipSubsidized Guardianship

Ed ti l St bilit f Child i Ed ti l St bilit f Child i Educational Stability for Children in Educational Stability for Children in Foster CareFoster Care

Expansion of DRL 72Expansion of DRL 72pp

Sustaining of OCFS Kinship ProgramsSustaining of OCFS Kinship ProgramsSustaining of OCFS Kinship ProgramsSustaining of OCFS Kinship Programs

BibliographyBibliographyBibliographyBibliographyCensus 2000 h // / d/2003 b / 2kb 31 df http://www.census.gov/prod/2003pubs/c2kbr-31.pdf and American Community Surveyhttp://factfinder.census.gov/home/saff/main.html? lang=en ml?_lang=en.

Gleeson et al. (2008). Individual and social protective f t f hild i i f l ki hi J factors for children in informal kinship care. Jane Addams College of Social Work, University of Illinois at Chicago.

Kinney, J., McGrew, K., Nelson, I. (2003). Grandparent Caregivers to Children with Developmental Disabilities: Added Challenges New York: Springer Publishing Added Challenges. New York: Springer Publishing Company.

Bibliography ContBibliography ContBibliography Cont..Bibliography Cont..Lai, D. & Yuan, S. (1994). Grandparenting in Cuyahoga C A f fi di Cl l d OH County: A report of survey findings. Cleveland, OH: Cuyahoga County Community Office of Aging.

Rubin DM, Downes KJ, O'Reilly A, Mekonnen R, Luan X, Localio AR (in press, 2008). The impact of kinship care on behavioral well-being for children in out-of-home

A hi f P di t i & Ad l t M di icare, Archives of Pediatrics & Adolescent Medicine.

Smithgall, C., Mason, S.. Michels, S., LiCalsi, C., & G R (2006) C i f th i hild ’ hild Goerge, R. (2006). Caring for their children’s children: Assessing the mental health needs and service experiences of grandparent caregiver families. Chapin Hall, University of ChicagoChicago.

ContactContactGerard Wallace, Esq.Gerard Wallace, Esq.Di t NYS Ki hi N i tDi t NYS Ki hi N i tDirector, NYS Kinship NavigatorDirector, NYS Kinship Navigator30 N. Clinton Avenue30 N. Clinton AvenueR h t NY 14604 R h t NY 14604 Rochester, NY 14604 Rochester, NY 14604 (585) 232(585) 232--1840 ext. 3301840 ext. 330gwallace@cfcrochester orggwallace@cfcrochester orggwallace@cfcrochester.orggwallace@cfcrochester.org

NYS NAVIGATORNYS NAVIGATORNYS NAVIGATORNYS NAVIGATORhttp://www.nysnavigator.org/http://www.nysnavigator.org/877877--4KinInfo ( 8774KinInfo ( 877--454454--6463) 6463) 877877 4KinInfo ( 8774KinInfo ( 877 454454 6463) 6463)