Approximately 2.6 million children are being raised by grandparents in the United States and that number continues to rise. In Pennsylvania, more than 100,000 children are being raised by grandparents or other relatives.
Pennsylvania has been hit hard by the opioid epidemic. As of the publishing of this blog, 3,200 residents have died from drug overdoses, thereby forcing grandparents to raise grandchildren.
This epidemic and its aftermath have caused a strain on healthcare services, law enforcement agencies, children, and their families. Grandparents have stepped in to provide hope, a safe environment and secure homes in order to replace trauma.
When seeking custody, grandparents first have to overcome the hurdle of “standing” to file for custody in court. Pursuant to Pennsylvania law, grandparents/great-grandparents have standing if any of the following situations have occurred:
- The parent of the grandchild is deceased
- Where the relationship between the grandchild and grandparent/great-grandparent began with the consent of a parent or under a court order, and the parents have commenced a custody proceeding or the parents do not agree as to whether the grandparents/great-grandparents should have custody;
- Where the grandchild has, for a period of at least 12 consecutive months, resided with the grandparent/great-grandparent;
- The child has been determined by the Court to be “dependent;”
- The child is at risk due to substance abuse by the parent or the parent has been deemed incapacitated;
- The grandparent/great-grandparent stands “in loco parentis” to the child, which means the grandparent/great-grandparent has been acting as the child’s parent for a significant amount of time.
The Supporting Grandparents Raising Grandchildren Act provides grandparents with easy access to information about the resources that are available; with knowledge designed to help grandparents that are raising grandchildren; and to create a task force for the support of grandparents raising grandchildren.
This task force will help grandparents with the following:
- Navigation of the school system of their grandchildren;
- Planning for the grandchildren’s future;
- Assisting with social networks and support networks;
- Learning about social media and computer skills;
- Addressing the educational needs of the children; and
- Addressing the children’s mental health needs caused by trauma, violence, homelessness, child abuse, child neglect and/or child sexual abuse.
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