GRANDPARENTS RAISING GRANDCHILDREN ADULTS RAISING RELATIVE CHILDREN

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GRANDPARENTS RAISING
GRANDCHILDREN
OR

ADULTS RAISING
RELATIVE CHILDREN

WHAT YOU NEED TO KNOW ABOUT:
TEMPORARY CUSTODY
LEGAL CUSTODY
PERMANENT CUSTODY
POWER OF ATTORNEY
CARETAKER AFFIDAVIT
FOSTER CARE
ADOPTION

This booklet was compiled by the
Montgomery County Kinship Caregiver Coalition
November 2004
(Revised June 2005)
GRANDPARENTS (OR RELATIVES) Services when all other relative resources have been exhausted.
Adoption is the most complete and permanent of custodial
RAISING GRANDCHILDREN transfers. By adopting, the grandparent, or adoptive “parent,”
becomes fully responsible for the child and acquires virtually the
INFORMATION TO HELP YOU UNDERSTAND RIGHTS & same rights and responsibilities as a natural parent.
BENEFITS ASSOCIATED WITH DIFFERENT TYPES OF
CUSTODIAL ARRANGEMENTS1 The charts that follow are designed to provide an overview of the
different rights and benefits that may be available for each type of
Introduction: custodial arrangement. The information in this guide is intended as
When a grandparent2 assumes responsibility for a grandchild, a variety a summary of possible benefits that may be available to you under
of legal relationships may be created. Each one carries certain different custodial arrangements. For specific legal advice about
privileges, benefits, rights, and responsibilities. On one end of the which legal status may be best for you, please consult an attorney.
spectrum, the grandparent may simply have physical possession of the It will be helpful to request an attorney who specializes in child
child. This is the situation that may be present when no legal custody, adoption, and/or grandparents’ rights. The following
arrangements have been made to transfer custody from a biological agencies may be able to advise you about your options and/or assist
parent or legal guardian and no agency has officially placed the child you in locating a suitable attorney:
with the grandparent. When circumstances require that a child be
removed from the home of a parent and Montgomery County Children Legal Aid of Western Ohio (LAWO)
Services (MCCS) becomes involved, a grandparent may be called (new applicants) 1-888-534-1432
upon to provide care for the child. In such situations, the court will LAWO- Dayton Office 228-8088
typically give custody to the grandparent. University of Dayton Law Clinic 229-3817
Dayton Bar Association Lawyer Referral Service 222-6102
Temporary custody is a status that may be granted by the courts,
typically the juvenile courts, to award grandparent custody for up to Other phone numbers you may find helpful:
one year unless terminated earlier or extended by the court for a
maximum of two years. Legal custody is another arrangement that Montgomery County Children Services 224-KIDS
may be created that provides the grandparent with rights to make most Department of Job and Family Services 225-6360
decisions for the child and is a fairly stable arrangement. In other Kinship Caregiver Coalition 775-1116
circumstances, permanent custody may be granted to Children Ombudsman’s Office 223-4613
1
The information in this guide is derived from “Custody Choices for Kinship Care: Temporary vs. Legal
vs. Permanent Custody” pamphlet by Montgomery County Children Services; and discussions with
representatives of the Department of Job and Family Services, Denise Ginsler of Montgomery County
Children Services, revised and updated March 2001. It has been prepared in consultation with the
University of Dayton Law Clinic by the members of the GPGCI Policy Subcommittee.
2
The term “grandparent” here refers to any relative other than the natural parent providing total care for a
child.

2
Conditions of Custody: Conditions of Custody:
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iChild is iParent retains iIf the Court awards •Parent can petition iChild is the iAdoptive parent
responsibility of legal responsibility. temporary custody to the Court and regain responsibility of has total custody.
MCCS. Parent must sign for a relative, the custody custody at a later Montgomery
school enrollment lasts for one year, date only if in best County Children
iGrandparent and for medical care. unless the Court interests of child Services, who
may need to terminates it earlier. and ordered by the makes placement
request formal iAs of July 2004, a court. decisions based on
foster care new Ohio law iAt the end of the what is in the child's
certificate to be creates two new 24 months of iLegal custodian best interests.
eligible for ways for temporary custody, a can obtain a private
benefits. grandparents to more permanent plan attorney to petition
obtain “care, must occur (i.e., the court for
physical custody, reunification with adoption. Legal tie-
and control” of parent(s), legal ups could be lengthy
grandchildren. This custody to a relative and costly. Parents
DOES NOT change or non-relative, or must be notified of
custody. See page 19 permanent custody to the hearing and
for more MCCS freeing the given the
information. child for adoption. opportunity to
attend.
iLegal custody
lasts until the child
reaches 18 or
graduates from high
school, whichever is
later. No reviews
are scheduled in a
typical case.

3
Placement of Child: Placement of Child:
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iMCCS will iParent determines •Children Services iChild is the iChild is placed in iPreference is
perform a house living arrangements. will remain responsibility of the the most appropriate given to relatives.
inspection and a involved as long as legal custodian. adoptive home.
background check the relative or non- iChild is placed in
to determine the relative maintains the most appropriate
safety of living temporary custody. adoptive home.
conditions, etc.
iChild is the iPlacement is
iThe child can live responsibility of the supervised by
with the grandparent temporary MCCS for at least 6
without the custodian. months before
grandparent’s being adoption is
licensed as a foster finalized.
parent for a limited
period of time while iAdoption is
waiting for a court finalized in Probate
date where there is a Court.
reasonable amount
of certainty that the
court will award
custody of the child
to the grandparents.

4
Rights Retained by Natural Parents: Rights Retained by Natural Parents:
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iParents have a right iParents retain all iRight to visitation iRight to visitation iParent’s rights are iParent’s rights and
to a minimum two- natural rights. Living with the child. with child. severed, and child is responsibilities are
hour weekly visit. arrangements are at eligible for adoption. severed.
the discretion of the iRight to determine iRight to determine
iParents may be parent. child’s religion. child’s religion. iParents almost iAdoptive parents
contacted around never can regain have rights and
medical, dental, iRight to be iRight to be custody at a later date. responsibilities as a
educational and informed of child’s informed of child’s natural parent.
personal grooming medical condition. medical condition. iThe parent(s),
issues. There will be through his or her
times when MCCS iRight to receive iRight to receive attorney, can appeal
will be forced to make notice of any legal notice of any legal the decision. Once all
an alternative decision proceedings. proceedings. appeal processes are
when it is in the best complete and the trial
interest of the child. iRight to be iRight, privilege and court decision is
informed of any obligation to provide affirmed, the child is
iParents have the placement moves. financial support. free for adoption.
right to identify the
religion of the child. iRight to participate iRight to consent to
in and consent to the marriage of an
case plan. underage child.

iRight, privilege and
obligation to provide
financial support.

iRight to consent to
marriage of an
underage child.

5
General Benefits Available to Grandparent Caregivers: General Benefits Available to Grandparent Caregivers:
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iMCCS pays the iA specified iA specified iA specified relative iChild may be iChild may be
following benefits to relative or legal relative may be may be eligible for eligible for medical eligible for medical
foster parents: guardian may be eligible for OWF. OWF. card and subsidy if card and subsidy if
$17.41 per day for eligible to receive child has “special child has “special
each child 0-12 years Ohio Works First iContact your iA non-relative may needs needs.” Special needs
of age. (OWF) benefits for county Department be eligible for OWF if are medical needs,
$23.18 per day for the minor who of Jobs and Family legal guardian. iSpecial needs physical/ mental
each child 13 and up. physically resides Services for assistance may disability, Caucasian
Up to $125 per week with that individual. additional iContact your include: child over age 10,
child care allowance information. county Department of monthly payment African-American
up to age 12 for the Jobs and Family medical card child over age 4, and
full time working Services for may be assistance sibling group of 3 or
foster parent. additional for adoption costs more.
One time amount for information. other, i.e.,
clothing varies by age; tutoring, iSpecial needs
younger child is $140 counseling, respite assistance may
and older is $190. care. include:
monthly payment
iMCCS will pay for any medical card
unpaid medical bills not may be assistance
covered by CHIP. for adoption costs
other, i.e.,
i7 days of paid respite tutoring,
per year for another foster counseling, respite
parent to care for child. care.

iReimbursement for iApplication for
mileage to doctor office, assistance reviewed
counseling, and visitation on case-by-case basis
with parents. for subsidy amount.
Contact MCCS.

6
Medical Benefits Available for Child Only: Medical Benefits Available for Child Only:
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iChild is eligible for iChild may be iChild may be iChild may be iChild may be iChildren receiving
Medicaid. eligible for medical eligible for medical eligible for medical eligible for medical State adoption subsidy
benefits. benefits. benefits. Grand- benefits. may be eligible for
Grandparent’s income Grandparent’s income parent’s income is Medicaid.
is not included. is not included. not included.

Ohio Works First Eligibility (Grandparent and Grandchild): Ohio Works First Eligibility (Grandparent and Child):
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iAll eligibility iAll eligibility iAll eligibility iAll eligibility iAll eligibility iAdoptive parents
standards must be standards must be standards must be standards must be met standards must be met must meet all OWF
met. met. met. eligibility criteria as
iMedical benefits iMedical benefits parent caretaker.
iMedical benefits iMedical benefits iMedical benefits come with OWF. come with OWF.
come with OWF. come with OWF. come with OWF.
iChild must be iChild must be
iChild must be iChild must be iChild must be residing with residing with
residing with residing with residing with grandparent. grandparent.
grandparent. grandparent. grandparent.
iMust prove iMust prove
iMust prove iMust prove iMust prove relationship between relationship between
relationship between relationship between relationship between child and grandparent child and grandparent
child and grandparent child and grandparent child and grandparent or legal guardian or legal guardian
or legal guardian or legal guardian or legal guardian through Probate Court through Probate Court
through Probate Court through Probate Court through Probate Court or legal custody. or legal custody.
or legal custody. or legal custody. or legal custody.
iGrandparent must iGrandparent must
iGrandparent must iGrandparent must iGrandparent must participate in Work participate in Work
participate in Work participate in Work participate in Work Program Activities as Program Activities as
Program Activities as Program Activities as Program Activities as if a parent unless if a parent unless
if a parent unless if a parent unless if a parent unless medically exempted. medically exempted.
medically exempted. medically exempted. medically exempted.

iTime limits apply. iTime limits apply. iTime limits apply. iTime limits apply. iTime limits apply.
7
Ohio Works First Eligibility (Child Only): Ohio Works First Eligibility (Child Only):
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iFamilies iAssistance for iAssistance for iAssistance for iAssistance for iAdoptive parents
receiving foster care child only. child only. child only. child only. have eligibility for
payment (see page OWF for the child
9) are not eligible iGrandparent’s iGrandparent’s iGrandparent’s iGrandparent’s only if the adoptive
for child only OWF. benefits are not benefits are not benefits are not benefits are not parent is receiving
included. included. included. included. SSI.

iGrandparent is iGrandparent is iGrandparent is iGrandparent is
not required to not required to not required to not required to
participate in Work participate in Work participate in Work participate in Work
Program Activities. Program Activities. Program Activities. Program Activities.

iNo time limits. iNo time limits. iNo time limits. iNo time limits.

iOWF standard for iOWF standard for iOWF standard for iOWF standard for
one child: $223; for one child: $223; for one child: $223; for one child: $223; for
two children: $305; two children: $305; two children: $305; two children: $305;
for three children: for three children: for three children: for three children:
$373; for four $373; for four $373; for four $373; for four
children: $461 per children: $461 per children: $461 per children: $461 per
month. month. month. month.

8
Food Stamp Eligibility: Food Stamp Eligibility:
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
iFood Stamp iFood Stamp iFood Stamp iFood Stamp iFood Stamp iEveryone’s
Assistance Group is Assistance Group is Assistance Group is Assistance Group is Assistance Group is income in the group
everyone who everyone who everyone who everyone who everyone who is included.
prepares and eats prepares and eats prepares and eats prepares and eats prepares and eats
together. together. together. together. together. iFor the purposes
of food stamp
iFor the purpose iEveryone’s iEveryone’s iEveryone’s iEveryone’s eligibility, adoption
of food stamps, income in the group income in the group income in the group income in the group subsidy payments
everyone’s income is included, is included, is included, is included, are not counted.
in the group is including child’s including child’s including child’s including child’s
counted. OWF. OWF. OWF. OWF. iAdoptive parent
must participate in
iFoster care iGrandparent must iGrandparent must iGrandparent must iGrandparent must Work Program
payments are participate in Work participate in Work participate in Work participate in Work Activities unless
included only if the Program Activities Program Activities Program Activities Program Activities specifically
foster child receives as if a parent unless as if a parent unless as if a parent unless as if a parent unless exempted.
food stamps. specifically specifically specifically specifically
exempted. exempted. exempted. exempted.
iGrandparent must
participate in Work
Program Activities
as if a parent unless
specifically
exempted.

9
Childcare and Transportation Allowance: Childcare and Transportation Allowance:
Foster Care Physical Possession Temporary Custody Legal Custody Permanent Custody Adoption
i$132.50 per week iGrandparent may iGrandparent may iGrandparent may iGrandparent may iAdoptive parent
child care allowance be eligible for be eligible for be eligible for be eligible for must meet same
up to age 12 for the childcare while childcare while childcare while childcare while criteria as parent
full-time working working, in school working, in school working, in school working, in school caretaker.
foster parent. or training. or training. or training. or training.

iReimbursement iGrandparent iGrandparent iGrandparent iGrandparent
for mileage to receives OWF just receives OWF just receives OWF just receives OWF just
doctor’s office, for child; OWF, for child; OWF, for child; OWF, for child; OWF,
counseling and grandparent’s grandparent’s grandparent’s grandparent’s
visitation with income, including income, including income, including income, including
parents. child support, is child support, is child support, is child support, is
included in included in included in included in
determining determining determining determining
eligibility for eligibility for eligibility for eligibility for
childcare. SSI, childcare. SSI, childcare. SSI, childcare. SSI,
foster care foster care foster care foster care
payments, and child payments, and child payments, and child payments, and child
support paid out are support paid out are support paid out are support paid out are
not included. not included. not included. not included.

10
POWER OF ATTORNEY This booklet may be photocopied and distributed by non-profit agencies. Copies
& must be distributed at no charge to the caregiver. Please contact the Kinship
CARETAKER AUTHORIZATION AFFIDAVIT Caregiver Coalition at (937) 775-1116 and advise us how you are using the
booklet and how many copies you make. We want to track how many copies are
made and distributed. Photo ready copies can be obtained from the above
number. Updates to the telephone numbers can be made for your local use
without permission.
As of July 20, 2004, a new Ohio law creates two new ways for grandparents
to obtain “care, physical custody, and control” of grandchildren. This DOES All information is as accurate as possible at this date. It is, however, subject to
NOT change custody. However, grandparents can enroll children in school change based on state and federal guidelines. June 2005
and seek medical attention on behalf of the children. There are two different
methods:
This booklet may be downloaded from the Internet at:
1. Power of Attorney: If the current legal custodian is in http://www.med.wright.edu/chc/kinship/legalresources.htm
agreement, s/he can complete the Power of Attorney form. This form has to
be exercised relative to the best interest of the child and not so that the child
can go to a better school or be in a better sports program. That parent needs
to complete the packet of materials and notify the non-custodial parent within
5 days. The paperwork is then filed with the Court. At the end of one year,
the Montgomery County Court has determined that there will be no extension
of the Power of Attorney, but that the matter should be set for a (custody)
hearing. The legal custodian can revoke this Power of Attorney at anytime. If
the Power of Attorney is revoked a copy of the revocation should be
forwarded to the Court and to any school or health care provider who is
currently relying on the Power of Attorney. The Power of Attorney does not
deal with issues of child support.

2. Caretaker Authorization Affidavit: If for some reason a
grandparent can not locate the legal guardian, s/he may sign a notarized
affidavit to obtain the “care, physical custody, and control” of a child. This
document DOES NOT grant custody but allows for the child to be enrolled
in school and receive medical treatment. All of the same rules apply as
above. The distinction is that this authorization is based on the inability to
locate a parent.

Currently, the Kinship Caregiver Coalition is providing direct assistance with
preparation of both of these forms. Legal Aid of Western Ohio will provide
notary services and possibly legal advice for difficult cases.