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Untitled Document
SPOTLIGHT ON MINNESOTA
GrandFamilies of America is very fortunate to have Sharon Olson of Minnesota
as a leader in our organization. As a co-founder of GrandFamilies of America
she brings a unique blend of caregiver advocate and legislative advocate to
the table and is the thread that holds this organization together. Her expertise
both as a relative caregiver and a recognized and respected leader in legislation
and caregiver issues, both in her state of Minnesota and on a national level,
makes her a rare combination and GrandFamilies of America is lucky to have her
leading our charge on caregiver issues.
Sharon and her husband Gregg personify everything
that is good and positive about relative caregivers caring for relative children
in our country today. Challenged emotionally and financially to the max, they
have found a way to provide safety and permanency for the two granddaughters
in their care for many years. One of those granddaughter's is a step granddaughter
and severely disabled. She is now 21 years old. Their other granddaughter will
be turning sweet 16 in December. Sharon had to give up her very lucrative job
as an optician and manager of two optical shops when the children arrived in
order to provide the stability they needed. In addition to being a co-founder
and Vice-President of GrandFamilies of America, Sharon is Vice-President of
The Minnesota Kinship Caregivers Association (MKCA), and also serves on the
Board of Directors for Solutions For Children and Caregivers.
Since the Census Bureau's 2000 census report
where the first figures regarding grandparents raising their relative children
was released putting relative care of children issues on everyone's radar screen,
many states have undertaken legislation to try to aide these families. In almost
every case, they have looked to Sharon to help with that legislation. One of
the most important successful pieces of legislation to come out of Minnesota
is the De facto and Third Party Custodian Legislation. Some states have a de
facto law or similar language, while others, such as Tennessee, are working
toward that goal at the present time, Minnesota's De facto continues to be considered
the premier legislation. Below is Sharon's explanation of a true De facto bill
and points out some of the flaws in other pieces of legislation. "A true
de facto bill will keep the focus on the fact that the child is already living
with a relative with no parent present and will avoid the need to prove a parent
unfit in a court of law".
De facto: Every child deserves a place they can call home and many children
have found that home with a relative. The greatest majority of these new families
were formed outside of the formal foster care system and therefore do not receive
the same level of security that a formal placement would provide. These families
have stepped forward to prevent the child from entering the formal system, but
need to have a legal relationship established. A number of states have recognized
this in the form of a de facto custodian law. A true de facto law simply acknowledges
that someone other than the parent has been the primary caretaker of the child
and allows the court to use the best interests of the child standard in determining
custody. With parental rights comes parental responsibility and a de facto law
only applies to the children whose parents have already shown a disregard for
their obligation by leaving them with a non-parental caregiver for an extended
period of time. By enacting a de facto custodian law, you will validate the
place these children call home.
De facto custodian.
(a) "De facto custodian" means an individual who has been the primary
caretaker for a child who has, within the 24 months immediately preceding the
filing of the petition, resided with the individual without a parent present
and with a lack of demonstrated consistent participation by a parent for a period
of:
(1) six months or more, which need not be consecutive, if the child is under
three years of age; or
(2) one year or more, which need not be consecutive, if the child is three years
of age or older.
(b) For purposes of the definition in this, "lack of demonstrated consistent
participation" by a parent means refusal or neglect to comply with the
duties imposed upon the parent by the parent-child relationship, including,
but not limited to, providing the child necessary food, clothing, shelter, health
care, education, creating a nurturing and consistent relationship, and other
care and control necessary for the child's physical, mental, or emotional health
and development.
Some of the other projects Sharon and MKCA have been working on is creating
a separate category for the informal caregiver. This is the population whose
children are not in state custody and for which there is little in the area
of support or services. MKCA is very proud of their Legal and First Steps manuals
and are currently working on adding to this amazing resource by developing a
video to with the manuals. For more information on the Minnesota Kinship Caregivers
Association go to www.mkca.org .
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