SPEC. COM. REP. NO. 

								Honolulu, Hawai`i

								June 15, 2009

								RE:  SB 2830, CD1

Honorable Colleen Hanabusa
President of the Senate
Twenty-Fifth State Legislature
Regular Session of 2009
State of Hawai`i

Honorable Calvin Say
Speaker, House of Representatives
Twenty-Fifth State Legislature
Regular Session of 2009
State of Hawai`i

Madame President and Mr. Speaker: 

	The Joint Legislative Committee on Family Caregiving (JLCFC), created pursuant to Act 285, Session Laws of Hawai`i (SLH) 2006, and having been directed to report to the Legislature by Act 11, Special Session, entitled: 

	“JLCFC; Grandparents Raising Grandchildren” 

begs leave to report as follows:

Part I.  INTRODUCTION

	This final report is the result of the work of the Grandparents Raising Grandchildren Task Force (GRGTF) conducted beginning August 2008 Interim and ending June 2009. 
This final report presents GRG Issues in an order that supports current tracking by the Joint Legislative Committee for Aging in Place (that ends December 2009) for the purpose of the JLCAIP assuring as soon as possible implementation of the recommendations below.                                 
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Part II of this report lists the members of the GRGTF.  
Part III of this report provides the activities and findings of the task force and discussion about existing programs in state departments and in each county, all of which can do better (without spending money) to support GRG Families to meet the identified needs described below.
(1)	There is a discussion about service deficiencies and difficulties that prevent grandparents from accessing services (Page 4) and identified barriers (Page 8);

(2)	There is a synopsis of the task force's work and findings (Page 9) regarding the task force's responsibilities in the areas of:   
a.	Housing
b.	Health
c.	Education
d.	Difficulties within systems. Need for easily identified resources and community supports.
e.	Issues that arise when a minor residing with grandparents is returned to custody of parent.
f.	Children with incarcerated parents.
g.	Children in custody of Hawaii State Foster Care System.
h.	Need for county offices on aging to better identify for the public that GRG are included for services to family caregivers.

Part IV provides recommendations.   

Part II.  MEMBERS OF THE TASK FORCE

Organization
	Appointee(s)
	
College of Tropical Agriculture and Human Resources, University of Hawai`i at Manoa.	Loriena Yancura, Co-chair
	
Queen Lili`uokalani Children Center, 
Office of the Executive Director	Patricia Urieff, Co-chair
	
University of Hawai`i at Manoa, Center on Aging	Wes Lum
	
State of Hawai`i Department of Education	Daniel F. Hamada
	
State of Hawai`i Department of Human Services	Colin Fukunaga 
Sandra Morishige 
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Executive Office on Aging	Noemi Pendleton
	
State of Hawai`i Department of Public Safety	Frank Lopez
	
State of Hawai`i Judiciary	Robert Brady
	
State of Hawai`i Child Support Enforcement Agency	Lawrence Sousie
	
City and County of Honolulu Elderly Affairs Division	May Fujii Foo
	
Maui County Office on Aging	Deborah Arendale
Norma Circle
Josephine  Reyes
	
Hawaii County Office on Aging Office on Aging	Alan Parker
Sally Wehrsig
	
Kauai County Agency on Elderly Affairs 	Charlyn Nakamine
	
Policy Advisory Board for Elder Affairs	Diane Stowell
	
The Na Tutu Coalition	Jackie Chong 
	
Legal Aid Society of Hawai`i	Nalani Fujimori
	
Volunteer Legal Services of Hawai`i
	Moya Gray
Barbara Bishop	
Partners in Development	Carol Morimoto, Hui Ho`omalu
	
Task Force Member, Grandparent Raising Grandchild	Helen Wagner
	
Guests but not voting members
		
`Ohana Health Plan
	Malia Sommers
Anne Chipchase  
  	
Alu Like, Inc.	Regan Krantz
Liz Meahl 	

Child & Family Service, Honolulu Gerontology Program	
Valorie Taylor
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Child & Family Service Post Permanency Services for 
GRG DHS Licensed Foster Parents	Ellen Brown
Liane Filipo
Tammie Smith Visperas
	
State of Hawai`i Department of Health Injury Prevention Coordinator, Senior Services
	Stan Michael	
State of Hawai`i Department of Human Services Foster Care Licensing Unit
	Tracy Yadao	
Family Programs Hawai`i
	Dana Apo	
Grandparent Raising Grandchildren
Waimanalo Homestead Association
	Mary Ann Crowell	
Grandparent Raising Grandchildren
Representative Karen Awana’s Office	Jenny Quezon	
School of Nursing, University of Hawai`i at Manoa	Shawna Maques
	
Nursing Program, National University 	Alexandra Boton
	
Family Court Legal Intervention Working Group	Tom Marzec 	

Part III.  ACTIVITIES AND FINDINGS OF THE TASK FORCE 

Grandparent Support Services and Service Deficiencies 

The GRGTF identified statewide deficiencies in several areas, summarized in general as lack of support from existing systems. 

-	GRG who are eligible for public senior housing in all counties receive Eviction Notices and face loss of Kupuna Housing if they accept care of a grandchild-in-crisis. GRG experience difficulties in finding affordable housing.

GRG without legal status report that they do not receive Notices from the Department of Education (DOE) regarding Parent Teacher Conferences. At some Schools, teachers will not share information with GRG about students growing up in the `ohana home. 

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-	DOE does not do outreach to long standing (one year or more) GRG without legal status raising special needs students. March 13, 2009, DOE wrote that “GRG must contact the Student Services Coordinator at the school to initiate a process for GRG to become warranted (as in parent role) under Chapter 56 for special needs students”. Only then will those GRG ever receive information in the Individual Education Plan, (IEP), diagnosis, and what could help the special needs student living in their home. November 2008, the Hawai`i Assistant Special Education Coordinator identified for the GRGTF that DOE is supposed to do outreach to caregivers with long standing (one year or more) care of a special needs student to include them in the process for IEP and services.

-	Caregivers without legal status raising children with mental health needs may not know that they can refer the minor (in their care) for services at a Department of Health (DOH) Family Guidance Center in various areas of the state. November 2008, the Attorney General for DOH reported it has never received an affidavit, Caregiver’s Consent for Minor’s Health Care, (that became law during 2005); DOH does not yet have a policy to accept the affidavit; and the Attorney General for DOH will review each Affidavit they may receive.

-	Many GRG in support groups statewide report they experience difficulties associated with their grandchildren’s parents’ release from incarceration. In particular, when the parents are not able to take full responsibility (as a parent), yet interfere with the GRG household that is raising the child(ren) and financially supporting/providing for their needs. 

There is variation of provision of services by the counties in Hawai`i State in regards to known resources and services for family caregivers. There is an existing service network for GRG in each of the counties in the State but that is not advertised so GRG 55 years and older don’t know they are eligible for county resources and programs as reported in The 2007 Needs Assessment of Grandparents Raising Grandchildren in the State of Hawaii (funded by the State of Hawai`i Executive Office on Aging and conducted by the UH Manoa Department of Family and Consumer Sciences in partnership with the Na Tutu Coalition and Queen Lili’uokalani Children’s Center). Titles on 2008 resource materials from neighbor islands Offices on Aging mention only “Elderly Services". Only some counties partner to have a Support Group for Grandparents Raising Grandchildren (best modality as reported by GRG and the 2007 Needs Assessment) to provide emotional support, education, links to resources, peer counseling, etc.) 

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The City & County of Honolulu Elderly Affairs Division (EAD) partnered with the State Executive Office on Aging (EOA) to hold a December 2008 Educational Workshop for GRG. EAD contracts with Hawai`i Family Services at Waianae to host an ongoing support group and to provide respite for GRG.  EAD provides support to GRG and agencies providing services for GRG through presentations, resource material and publications, fairs/conferences, and website links to local and national sources.  Individual consultation via the telephone or home visits and referral to community resources such as Child and Family Service, Kalihi Palama Settlement, Alu Like and the University of Hawaii Elder Law Project are also available. GRG services are listed in the Family Caregivers Guide 2008 and the Senior Information & Assistance Handbook 2007-2009, plus EAD developed a special simple GRG brochure.  Additionally, outreach is currently being expanded through satellite offices at Waianae HCAP, Kahuku Hospital, Hauula `Oahu Work Links, and are projected for Leahi Hospital, with community service aides available to assist GRG.  EAD also actively supports advocacy efforts such as those of the Hawai`i Family Caregiver Coalition, providing dates regarding legislative activities and community affairs and events.  

The Maui County Office on Aging (MCOA) contracts with the Legal Aid Society-Hawai`i to provide legal services to GRG.  It also provides financial support for the Hi‘i Na Kupuna GRG Support Group and their annual caregiver’s conference.  It provides information, assistance, and outreach to GRG via a free caregiver newsletter. It began to talk with community partners about starting a Support Group for GRG.

The Kauai County Office on Aging uses its funds to provide GRG with counseling, training, support group, conference, informational presentations, in-home respite, adult day care, and legal assistance.  The Kauai County Agency on Elderly Affairs collaborates with Child & Family Services and Queen Lili‘uokalani Children’s Center (QLCC) Kauai Unit to provide support groups for GRG (in three different geographic areas) and an annual elderly affairs conference. It partnered with EOA and QLCC to sponsor two educational workshops for GRG during 2008. The Kauai Information and Resource Directory mentions GRG on page 50 under the subheading “Grandparents”.

The Hawai`i County Office on Aging reports overwhelming requests for elderly care services and does not have any organized programs or services targeted specifically toward GRG or other relatives taking care of children.  It reports that issues relating to the needs of GRG and other relative caregivers are included in its monthly newsletter and the TV series Seniors Living in Paradise. It partnered with EOA to host a December 2008 Educational Workshop for GRG; sponsored a Breakfast Workshop for GRG in Kona; and is talking with partners toward planning a support group for GRG. 

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The target groups for Title III-E of the Federal Older American’s Act (OAA) are adult family caregivers, “including grandparents 55 years and older and older individuals who are relative caregivers of children 17 years and younger, or caring for grandchildren 18 years and older with severe disabilities”. EOA distributes Title III-E funds to each County Area Agency according to the intrastate funding formula in the Hawai`i State Plan on Aging.  This act states that Area Agencies on Aging (AAA) “may not spend more than 10% of their National Family Caregiver Support Program budget on grandparents raising grandchildren if there is a need”. Thus, it is within their sole discretion, without obligation, to spend any portion up to 10%. EOA does not specify the type of services or the amount of funds to be used for services for either target group (caregivers of elderly adults or GRG).  EOA implements the OAA requirement that not more than 10% of its Title III-E funds and matching non-federal funds is expended to provide services to GRG by providing this same guidance to each AAA. Each county AAA determines how to respond to its service needs and funding priorities based on its Area Plan on Aging and provides services focused to support elderly services and family caregivers.

The county AAAs reported that the amount of Title III-E funds that could have been available for GRG services in SFY 2008 were as follows:  Honolulu $49,654, Maui $9,460, Hawai`i $12,817, and Kauai $5,484. The variation in service provision by the counties may be attributed to differences in fund amounts, the funding priorities established in each Area Plan on Aging, availability of service providers, and other factors.  With the exception of Maui, none of the AAAs had available funds for programs to support GRG outside of voluntary contributions from GRG program participants. Maui AAA has a county general revenue grant subsidy in its budget, which is used to leverage federal Title III-E funds for programs related to GRG that are not covered under the provisions of the OAA.

The use of county funds serves only a portion of GRG in Hawai`i Sate.  The Older American’s Act specifies that funds allocated to the Area Agencies on Aging must be used to provide support and services to individuals aged 55 and older.  Census data suggests that many GRG in the state are younger than age 55.  The AAAs are unable to provide services to GRG younger than 50 years old and reportedly they provide referral services to younger GRG to link them with other agencies.   

All of the county AAAs reported that they provide information and services to GRG through their referral hotlines. All also stated that they collected data on callers to their hotlines, but none had precise estimates for the number of GRG who call to ask questions about services, nor the kind of services they said they needed. Hawai`i County, in particular, noted that very few GRG contacted them for assistance or referral. This is consistent with findings from the 2007 Needs Assessment of Grandparents Raising Grandchildren which noted that grandparents were not aware that they were eligible for services. A no-cost outcome of the GRG Task Force 
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Agenda and discussions could be that counties have increased awareness about senior citizens raising grandchildren, their need for places to call to ask questions and learn about resources, and that counties can plan various ways to send out messages of inclusion by making it clear in writing that GRG are eligible to call for counsel and referral services from counties.

Participants in a March 2009 GRG Focus Group organized by the GRGTF reported that they experienced two non-government resources as most helpful and supportive: Queen Lili`uokalani Children’s Center Social Workers and Support Groups for GRG; and Kids Hurt Too (a non-profit peer support and mentoring program focused to help with grief issues of orphans, foster children, and children separated from their parents, and to coach the caregivers).

Barriers That Prevent Grandparents from Accessing Services 

Lack of Awareness

-	Hawai`i State Departments have not implemented changes to facilitate and support caregivers (without legal status) for children in their care while parents are absent. Result is that service providers lack awareness about GRG in dire need of support, resources, and services for themselves and for the children in their care. 

-	Findings show that GRG need support to find their way through state systems to existing resources for support. GRG lack awareness about how systems like DOE and DOH work.

-	Counties have not advertised and GRG 55 years and older don’t know they are eligible for county support such as Information and Referral Services.

-	GRG who get a grandchild-in-crisis on very short notice (parents in trouble, arrested, or died) experience multiple crisis as they carry out their grandparent commitments to keep the child(ren) safe and to provide basic needs (beliefs based upon Hawai`i’s cultural values).
	
The GRGTF observed that the Hawai`i State 4-Year Plan for Aging does not prominently include GRG. In addition, GRG are not clearly mentioned in neighbor island county resource materials.  It would be very helpful if media (e.g. printed materials, brochures, websites) published by county AAAs specifically mention GRG as eligible to inquire regarding their needs. Effective change would be that on the cover of materials for Elderly Services a reader would see “Elderly Services including Grandparents Raising Grandchildren”, visible identification that GRG are welcomed to ask questions about county resources. GRG who don’t 
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know about resources have need to learn that they are invited to call and inquire about resources.
State Executive Office on Aging (EOA) has as a planning process for the next 4-Year State Plan on Aging, the incorporation of plans from county AAAs so that GRG 55 years and older (raising grandchildren 17 years and younger or handicapped grandchildren 18 years and older) are clearly mentioned in writing as included and eligible for services. EOA plan is to contact members of the GRGTF and to encourage them to participate in the process of planning the next 4-Year State Plan on Aging 2012-2015.
County AAAs have focused to provide the vast majority of county resources to families caring for frail elders. Many service providers in Hawai`i State Departments are not aware that GRG need support to find assistance. GRG care for grandchildren with severe health, learning, and behavior problems associated with prenatal drug exposure or unhealthy family environments. GRG are older adults experiencing multiple crises related to aging, lower energy level, limited capacity to cope, limited income, lack of resources, developmental needs of grandchildren in their care, and they don’t know how or where to find supports. Such problems are often beyond the scope of their experience and abilities.                                                          

Any approach to reducing these barriers should (1) include efforts to include, accommodate, and support GRG families; and (2) raise awareness within several systems: the Department of Education, the Department of Health, the Department of Public Safety, in each County, the general public (including GRG); and community agencies including Aloha United Way 211, and the ACCESS Line.

Synopsis of the GRG Task Force's Work and Findings 

This section provides a synopsis of the work of the GRGTF in several areas identified by SB 2830, CD1 and relevant to GRG.
The GRGTF held monthly meetings on August, 25, 2008, September 05, 2008, October 10, 2008, November 07, 2008, December 05, 2008, January 09, 2009, February 13, 2009, April 03, 2009, May 08, 2009, and June 08, 2009. At every meeting, GRG were present and participated. Co-chairs kept all members informed by E-mail. GRGTF members requested a focus group to get first hand information from GRG; co-chairs, planned and hosted twelve (12) GRG at Queen Lili‘uokalani Children’s Honolulu Unit on March 9th, 2009; and provided the Task Force with report on feedback from the GRG focus group participants.

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Housing

Federal housing discrimination laws (24 CFR 100.300 et. seq.) exempt certain senior housing projects from familial status protections. This means that managers of qualified senior housing may choose to evict a grandparent who takes in a grandchild(ren)-in-crisis. Under federal guidelines, qualified senior housing projects have options (1) to evict a grandparent who gets a grandchild-in-crisis who needs care without any repercussions; or (2) managers can legally 
change policy and House Rules to allow the senior with grandchild-in-crisis to remain for a reasonable time to find new housing.

During 2008, the GRGTF reviewed a report to Congress, issued by the U.S. Department of Housing and Urban Development on “Intergenerational Housing Needs and HUD Program Options,” which confirmed need for increased intergenerational housing. 2008, the GRGTF sent letters to Hawai`i’s congressional delegation (Senators Inouye and Akaka, Representatives Hirono and Abercrombie) to request continued support of the development of intergenerational housing. This letter also requested their consideration of an amendment to the federal fair housing laws to eliminate the exemption of senior housing from familial discrimination laws and to encourage senior housing complexes to make provisions for GRG. Acknowledgment letters were received from Hawai`i’s representatives to Congress and shows that no definite action.

In 2009, the Hawai`i State Legislature did not pass two Concurrent Resolutions (SCR 6 and HCR 14) that encourage managers of senior public and private senior housing to change Policy and House Rules and allow reasonable time for GRG (who gets grandchild-in-crisis) to find new housing. Both Resolutions died during the 2009 Session. June 2009, GRGTF collaborated with the office of Senator Suzanne Chun Oakland toward having another resolution introduced during the 2010 legislative session to recommend that all public senior housing and all senior housing agencies that receive government funds allow senior residents who become the sole or primary caretakers for a grandchild-in-crisis time to find new housing.

Participants in the March 2009 GRG focus group reported being aware of grandparents who were evicted from senior housing and are currently living in cars with their grandchildren because they had no other viable housing options while caring out their commitment to care for grandchild(ren)whose parents can’t or won’t.

2009 reports from county GRGTF Members show that neighbor island public housing communities still give Eviction Notices to a senior (living in public senior housing) when the senior/grandparent got a grandchild-in-crisis who needed care. That confirms that not currently 
implemented statewide is the March 15, 2007 Hawai’i Public Housing Authority Internal Memo to housing managers asking that children under the age of eighteen be allowed to reside in an elderly household by “Guest Permit” until managers arranged for move into a family unit. 
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Health
In 2005, the Hawai`i State Legislature signed Act 208, which allows GRG and other caregivers to authorize healthcare services for children through an Affidavit for Caregiver’s Consent for Minor’s Health Care.  Although this affidavit is endorsed by the Hawaii Chapter of the American Academy of Pediatrics, it is not uniformly used by State Agencies. May 2008, Lilly Ochoco, Department of Health(DOH), confirmed that there are two laws that support immunization of minors without parents’ consent: the Immunization Act and Act 208 that allows minor (with absent parents) living with caregiver without legal status to receive immunizations and health care.  Mrs. Ochoco agreed that staff at DOH Immunizations Clinics should not require GRG without legal status to provide Power of Attorney signed by parents. DOH is working to correct the situation.
In 2008, GRGTF identified how a GRG without legal status may secure support from DOH. Reportedly, DOE assessments of students sometimes results in referrals to DOH. 2008, DOH had not yet accepted an Affidavit, Caregiver’s Consent for Minor’s Health Care. GRG can directly refer a minor to a DOH Family Guidance Center. DOH Attorney General would review each request for services for a minor living with a caregiver without legal status who provided signed affidavit. Reportedly, DOH Attorney General is reviewing the situation toward having policy and procedures.  Also reported, the DOH Developmental Disabilities Division is prohibited from accepting the affidavit, Caregivers Consent for Minor’s Health Care, because strict federal guidelines prohibit payment to GRG without legal custody for care of a disabled grandchild. 
      Resources available if the caregiver does not have legal status and the minor in care has disturbing behaviors.
-	If the family’s income is within a specific range of the Federal Poverty Level, any caregiver without legal status can enroll a minor for MED-QUEST Programs funded by Medicaid and the State of Hawai`i. The caregiver selects a type of Health Maintenance Organization (HMO) such as Kaiser, HMSA, Aloha Care, etc.  The caregiver or the HMO’s Primary Care Provider (doctor for the minor) can refer the minor to a HMO’s Behavioral Health Specialist.
Department of Health, Behavioral Health Unit.  
-	A GRG or other caregiver without legal status may directly request mental health services for a minor in their care by calling the Department of Health, the Child & Adolescent Mental Health’s (CAMHD) Family Guidance Centers Statewide.

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-	Family Guidance Centers will accept (1) a Power of Attorney from the legal parent specifically giving the caregiver authority to get mental health services for the minor; and (2) a letter from the caregiver stating that the parent is absent from the child’s life; giving all identifying information for the caregiver, the parent, and the minor and the letter shows a Notary Seal. This notarized letter becomes the Affidavit for Caregivers Consent for Minors Health Care to give to a Family Guidance Center (DOH). Affidavits from caregivers without legal status will be forwarded to the Attorney General for legal review and advice on a case by case basis. 
Grandchildren’s Education

Act 99, SLH 2003, Section 302A-482, Hawai`i Revised Statutes, law that gives GRG authority (when parent is absent from child’s life) to sign an Affidavit, Caregiver’s Consent, to enroll a minor in school and to consent to minor’s full at school. 

In 2007, DOE testified to JLCAIP that it issued a comprehensive memo to Complex Area Superintendents, Superintendents, and School Principals about this affidavit. 

Since 2003, GRG in Support Groups statewide and in 2008 community informational workshops (about resources) shared their experiences that show difficulties at various schools, particularly in rural areas. Some school staff and teachers don’t know about the affidavit, Caregiver Consent, Act 99. GRG don’t receive DOE Notices for Parent Teacher Conferences. At some schools, teachers won’t share information with GRG (without legal status) about the student growing up in the `ohana home. GRGTF identified (1) not all DOE Schools have implemented Act 99 resulting in DOE Schools and staff without knowledge about the affidavit; and (2) that Parent Teacher Conferences are included under ACT 99, Caregiver Consent for child’s full participation at school.

At the November 07, 2008 GRGTF Meeting, DOE Administration expressed that DOE is not convinced that Act 99 (Caregiver Consent for students’ full participation at school) includes providing Parent Teacher Conferences to caregivers without legal status who signed an affidavit. On the same date, DOE reported that depending on the school, a teacher may or may not engage an interested GRG in discussion about school progress of student living in the `ohana home. That is, currently DOE does not have a policy that uniformly encourages the inclusion of GRG in parent-teacher conferences.

GRG TF letters to DOE dated January 08, 2009 and February 13, 2009, request DOE to provide (1) a copy of planned DOE Internal Memo asking all schools to implement Act 99, and (2) to provide a copy of needed DOE Internal Memo to identify a standard policy whereby GRG who 

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provided a signed Affidavit will be included to get Notices about Parent Teacher Conferences and all that pertains to a students’ full participation at school and success.

At the November 07, 2008, GRGTF Meeting, the Department of Education (DOE) reported the following to the GRGTF. 
-	DOE Decision is for their Attorney General to work with the DOH Attorney General to craft a new affidavit that combines (1) Caregivers Consent Act 99, for child’s full participation at school with (2) Caregivers Consent for Minor’s Health Care, Act 208; and (3) whenever a new affidavit is completed, DOE 
will send an Internal Memo to all schools: to inform them about the new affidavit and about how to implement ACT 99. As of June 2009, the DOE process is incomplete. GEGTF expects that the JLCAIP will follow-up to assure completion.
 
Preliminary findings from a 2009 Needs Assessment of Grandparents Raising Grandchildren (GRG) in the State of Hawai‘i School Survey show that 308 GRG, 42.4%, responded they were not aware of the Affidavit authorizing Caregiver’s Consent for students’ full participation at a public school. 

In a letter dated February 13, 2009, the GRG TF wrote to request that DOE change policy for the purpose of better communication between DOE and caregivers (without legal status) with long standing (one year or more) care of students by DOE Notices to the caregivers.

In a letter dated March 13, 2009 to the GRGTF, the DOE Superintendent confirms that DOE requires caregivers to have legal status or to get a Power of Attorney signed by a parent. GRG in Support Groups report that frequently they either can not find parents, don’t have access to parents who are incarcerated; or don’t dare contact parents with history of violent acts or mental illness. Therefore, current DOE Policy (that emphasizes school staff should require a Power of Attorney signed by a parent) results in all kinds of difficulties for GRG when it is impossible to obtain it. Difficulties also arise when DOE staff don’t know about Act 99 and that a signed Affidavit, Caregiver’s Consent, is a legal document authorizing the caregiver to give consent for minor’s full participation at school.  

The March 13, 2009 letter from the DOE Superintendent to the GRGTF shows DOE wants GRG and other relative caregivers raising special needs students to find their way through the school system to a school’s Special Services Coordinator to get warranted to receive information about the minor’s diagnosis and IEP.  Though DOE August 2007 testimony to the JLCAIP mentioned a goal is to meet needs of children in caregiver’s care through its Comprehensive Student 
Support System at every school, unknown is whether there is or is not an identified DOE plan for educating `ohana caregivers. GRG sharing shows they feel intimidated by staff at some schools. 
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DOE staff (without information about how to implement Act 99) can not support GRG. Remaining is GRG need for support from DOE school staff to find their (GRG) way through the DOE System to information about the specific child(ren) at school, growing up in the caregiver’s home.

GRG Report Difficulties, Frustrations, and Absence of Communication from Systems.

GRGTF collaborated with Senator’s Inouye’s Office to clarify issues of process for grandparents (without legal status) raising minors with special needs to get information to learn/understand the
IEP diagnosis and how to help the student at home. Debra Jennings, Federal Staff, wrote on 11/04/08, “I reviewed Individual Education Act and Hawaii Administrative Rules, 
Chapter 56 definitions of “parent” and nothing in either prevents a grandparent, who is acting as the guardian, from attending IEP meetings. I spoke with Hawai`i’s Assistant Special Education Coordinator regarding this issue and she provided feedback. Federal Law, IDEA, and  the State of Hawai`i Administrative Rules, Chapter 56 makes it clear that a person acting in place of the parent includes grandparents”. 

Websites with Definition of “Parent”
-	IDEA Regulations
http://www.ed.gov/legislation/FedRegister/finrule/2006-3/081406a.pdf

-	Chapter 56, Hawai`i’s Administrative Rules
http://lilinote.k12.hi.us/PUBLIC/ADMINR1.NSF/85255a0a0010ae82852555340060479d/76c8a88bb853a7b30a25689f00061e6e?OpenDocument

Information (12/06/08) from the Hawai`i Assistant Special Education Coordinator
Procedures in Hawai`i State
•	Act 99, Caregivers Consent for child’s full participation at school, does not cover special education, the Individual Education Plan (IEP) because the IEP makes educational decisions for the child. [Federal law (section 300.30 of the Individuals with Disabilities Education Act (IDEA)]

•	Grandparents and relatives raising children with Special Needs have two options.

(1)	If there is long standing (one year or more) care of the special needs child, using a specific check list for assessment, DOE can consider a caregiver as a surrogate parent and can send notices of IEP Meetings to the grandparent. The grandparent 

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would be informed about meetings, opportunity to listen, learn, and participate in educational decisions for the student.

(2)	GRG can get a signed Power of Attorney Document with specifics showing the parent gives consent for the named caregiver to make educational decisions because the parent is absent from the child’s life.

The Hawai`i Assistant Special Education Coordinator said that DOE Schools should be making invitation to known long standing caregivers (of special needs students) to be warranted as parent participant to the Individual Education Plan for the special needs student and informed about how to help the student at home.

Regarding Issues that Arise when a Minor Residing, Formally or Informally, with a Grandparent is Returned to the Custody of a Parent.

Strong bonds develop between grandchildren-in-crisis and grandparents committed to caring for their grandchildren. After living with grandparents, a child frequently experiences loss and anxiety when returned to custody of a parent, especially when the parent earlier abandoned or abused the child.  For as long as parental rights exist, parents can make decisions regarding their children. When parents have demonstrated behaviors that harm their children or cause risk of harm, grandparents seek legal status of their grandchildren to protect them. The 2007 Needs Assessment of GRG noted that obtaining custody of their grandchildren continues to be a difficult issue for GRG.  Financial Assistance for obtaining a legal status may be available to income eligible GRG through Legal Aid Society-Hawai`i and Volunteer Legal Services of Hawai`i. If the child has Hawaiian Ancestry, a resource is the Queen Lili`uokalani Children’s Center.

The GRG TF discussed 2008 Revisions to Chapter 587, Hawaii’s Child Protection Law, in particular: whenever a child is removed from parents for safety, Child Protection Services, from the Department of Human Service (DHS) is mandated to search and find family within six (6) months; and to give preference to family to become the Licensed Foster Parents. The GRGTF 
acknowledges that this revision to the CPS law supports grandparents who want to raise grandchild (ren) because parents can’t or won’t.

State of Hawai`i Child Enforcement Agency

The GRGTF discussed Chapter 571, HRS (child custody and support) that states parents have a statutory duty to support their children, explains the criteria and procedure in awarding custody 
and visitation, explains grandparents’ visitation rights, petition, notice, and order.  The Attorney General for the Hawai`i State Child Support Agency provided information: GRG have the right 

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to seek financial support from their grandchildren’s biological parents; and are encouraged to ask for assistance.

Sharing from GRG participants at the March 2009 Focus Group show grandparents don’t take steps to get Child Support to prevent dangerous outcomes of conflicts with the parents (of children currently safe in care of grandparents). GRG participants in the focus group, shared about very difficult and emotionally challenging situations that result when the grandchildren in their care have parents released from incarceration.

The Attorney General for the Hawai`i State Child Support Agency informed the GRG Task Force about the following. When a parent who is required by court order to pay child support becomes incarcerated, his/her earning capacity usually is reduced dramatically however the child support obligation continues to run at the pre-incarceration court ordered amount. It is the responsibility of the incarcerated parent to inform the court of an inability to pay child support. If an incarcerated parent does not take the initiative to inform the court, the parent’s obligation to pay continues, and results in the accumulation of tremendous unpaid child support arrearage that may continue forever. When the parent is released from incarceration, that situation is a huge barrier to the parent trying to re-establish relationships with child (ren) and `ohana caregivers.  
 
       State of Hawai`i Department of Public Safety

Another challenge faced by GRG occurs when incarcerated parents are released from prison without information and awareness about how best to re-enter relations with their children, GRG, and other `ohana caregivers who have been raising the children and providing/financing all of the children’s needs. Without know how, the released parents often disrupt stable households that GRG have established for the children in their care. 

The GRGTF contacted the Department of Public Safety, the Community Alliance on Prisons, and a prisoner to inquire about exit orientation programs for parents released from prison. Reportedly, there is currently a furlough program available for interested soon-to-be-released prisoners: they learn how to be in community during regular work hours to look for employment; 
they return to incarceration by evening; they receive opportunities to learn life skills such as budgeting, anger management, and parenting. Unfortunately, participation is not mandatory. Voluntary participation is not popular with the incarcerated, resulting in the system omitting opportunities to educate the captive population. According to prisoners, the current program for 
soon-to-be-released does not provide a true opportunity to learn to reconnect with their children and become responsible parents. According to the 2007 Needs Assessment of GRG, approximately 14,000 GRG are raising 35,000 children frequently as result of parents’ 

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involvement with drugs. The taxpayer supported DPS system should do better to add information to the already existing program for preparing the soon-to-be-released to deal with life issues: 
(1) Know how to re-new contacts with their children, with GRG and `ohana caregivers; 
(2) prevent/avoid conflict and disrupting their lives; and 
(3) get very clear about what it will take the parent to do to assume full responsibility as a parent.  

State of Hawai`i Department of Human Services

At the March 2009 GRG Focus Group, participants with grandchildren in custody of Child Protective Services, Department of Human Services, shared their experiences. Observations show commonalities: GRG pain and frustration resulting in relations with DHS Case Workers. Appears that GRG may not have received enough information from DHS Workers because GRG do not fully understand GRG Federal Laws, mandates, DHS Rules, timelines, etc. as baseline requirements for cases where minors are in state custody and in foster care, including foster care with grandparents and relatives. Observations show that GRG have little or no understanding of laws that drive a CPS Case and have misunderstanding about the role of a DHS worker, with result that GRG feel afraid, intimidated, helpless, and angry. 

GRG report the following about some DHS workers: didn’t respect cultural values related to sacredness of the grandparent/grandchild relationship; didn’t respect the senior as “the grandparent” with knowledge about deep history within the child’s family; didn’t acknowledge grandparent’s right to have a view of best interest for own grandchild(ren); didn’t provide the grandparent with emotional support, and instead grandparents report distress in relations with the worker. In addition, participants at Support Groups for Youths report difficulties in their relationships with DHS workers. 

Observations show many GRG do not seek help from DHS because they are afraid that “the system” will remove their grandchildren from their care. Grandparents don’t know about the 2008 Revisions to Hawaii’s Child Protection Act that mandates DHS to give preference to family (to become the Licensed Foster Parent) of children removed from their parents to the safety of state custody and foster care. Grandparents don’t know about the Adoption Subsidy and an additional subsidy if professionals document a child has special needs. Given that the role of the DHS worker is a very difficult one, DHS Training and supervision must support (1) worker understanding of local cultures and grandparents’ beliefs that drive their commitment to care for their grandchildren; and (2) worker explanations to prevent misunderstandings about how the Child Protective Services System works.       

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Part III.  RECOMMENDATIONS AND LEGISLATION

The Grandparents Raising Grandchildren Task Force strongly recommends the Joint Legislative Committee for Aging in Place, the Kupuna Caucus, and the Legislature to follow-up to assure the following because that will strengthen families for Hawai`i’s children. 

I.	Recommendation Regarding all Taxpayer Supported Services 

A.  State Departments and County Offices on aging are strongly encouraged 
to increase  awareness that Hawai`i State has approximately 14,000 or more GRG raising about 35,000 grandchildren; GRG need support to find their way through systems; and existing systems can do better without additional costs to provide respect and support.

B.  State Departments are strongly encouraged to make changes toward more overcoming of the internal departmental barriers (that cause difficulties for GRG) and move toward outcomes of better supports for GRG with or without legal status.

II. Recommendation Regarding Grandchildren’s Education
    
 A. The Department of Education is strongly encouraged to complete steps so that all schools implement Act 99. 

1. DOE to complete and provide the DOE and DOH planned updated Affidavit, Caregiver Consent for student’s full participation at school and Caregiver Consent for Minor’s Health Care. GRGTF recommends that the new affidavit must be a simplified and concrete form.

2.	DOE to send an Internal Memo to all schools to instruct them about how to implement Act 99: train DOE Staff; have affidavits available at schools; have caring staff to interact and inform caregivers (of children whose parents are absent) and to support GRG to provide DOE with signed Affidavits. 

3.  DOE to send copies of the new Affidavit and the Internal Memo to Chair Persons of the Joint Legislative Committee for Aging in Place (JLCAIP)

 B. Recommendation:  DOE is strongly encouraged to create a standard policy for all schools to send Notices (Parent Teacher Conferences and all that supports student’s success) to caregivers who provide a signed Affidavit, Caregivers Consent, Act 99, giving them authority to consent to students’ full participation at school. Implement the policy by 
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Internal Memo. Send copy of the policy and the DOE Internal Memo to Chair Persons of the JLCAIP. 

C.  Recommendation:  DOE is strongly encouraged to do outreach to long standing (one year or more) caregivers of special needs students to provide support to them to connect with the Student Services Coordinator at the school for the required process to warrant them as being in role of parent to learn the diagnosis, how to help the student, how to participate in the Individual Education Planning, and related issues, as supported by IDEA Law and Chapter 56 of Hawaii Administrative Rules. 

D.	Recommendation:  DOE is strongly encouraged to provide data from signed Affidavits, Caregivers Consent (Act 99, since 2003) to the Hawaii State Executive Office on Aging, for the purpose of identifying an estimate of the number of public school students who live with caregivers in Hawai`i State.

1.	How many signed Affidavits for Caregiver Consent are on file at DOE Public Schools statewide? 

2.	How many fulltime caregivers (of children with absent parents) are grandparents 55 years and older (seniors eligible for support from counties)?

3.	How many fulltime caregivers (of children with absent parents) live with caregivers younger than 55 years old?

III. The Join Legislative Committee for Aging in Place (JCLAIP) that Ends December 2009.
 
The JCLAIP is strongly recommended to track the following to completion; then to E-mail members of the GRG Task Force to confirm receipt of the following.

Priorities for JCLAIP 

1.  Given DOE reports, secure a copy of the planned DOE new Affidavit that combines Act 99(Caregivers Consent for minor’s participation at school) and Act 208 (Caregivers Consent for Minor’s Health Care).

2. Secure copy of the planned DOE Internal Memo to all schools to implement Act 99.

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3. Regarding Notices to Caregivers: 
 a. Secure copy of a DOE Standard Policy for all schools to send Notices (Parent Teacher Conferences, etc.) to caregivers who provided signed affidavits to get authority to consent to student’s full participation at school. 
 b. Secure copy of a DOE Internal Memo to ask all schools to send Notices to caregivers who provided signed Affidavits, Caregivers Consent, Act 99.
  
4.	Secure confirmation that DOE data from signed Affidavits, Caregivers Consent, (since Act 99, 2003) at DOE Public Schools statewide was collected, sent, and received at the State Executive Office on Aging.

5.	Other follow-up: issues in recommendations.

III. The Department of Health
A.  Department of Health is encouraged to create policies and procedures to accept the Affidavit for Caregiver's Consent for Minors Health Care at Family Guidance Centers for services to minors’ behavioral health needs while living with caregivers (without legal status) who signed an Affidavit for Caregivers Consent for Minors Health Care, Act 208 (2005). 
B. Department of Health is strongly encouraged to report to the JLCAIP prior to December 2009, regarding DOH implementation of a policy to accept affidavits, Act 208, for minors growing up in `ohana homes where GRG do not have Legal Guardianship or a Power of Attorney Document because parents are incarcerated, whereabouts unknown and GRG have not been able to find them. 
IV. Housing: 

The 2010 Legislature is strongly encouraged to support legislation whereby managers for all Public Senior Housing and managers of all senior housing in Hawaii State that receive government funds 
-	change House Rules,
-	stop sending Eviction Notices, and 
-	provide waivers that allow eligible seniors [who get a grandchild (ren)-in-crisis who needs care] to remain in their unit for a reasonable time needed to find new housing.

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V. The Department of Public Safety

A. The Department of Public Safety is strongly recommended to assure that at the time of Intake Services incarcerated parents are informed that it is their responsibility  to initiate contact with the Court to inform the Court that they can not pay Child Support.

B. The Department of Public Safety is strongly recommended to add information to its already existing program for preparing the soon-to-be-released to deal with life issues:
(1) How best to re-new contacts with their children, with GRG, and `ohana caregivers.
(2) Prevent/avoid conflict and disruption of their lives.
(3) Get very clear about what it takes for a parent to take full responsibility as a parent.  

V.	The Department of Human Services

The Department of Human Services is strongly recommends to provide orientation and additional training to increase awareness of DHS Case Workers: 
-	about local cultural beliefs regarding very important roles for grandparents within the family structure, especially when grandchildren need care.
-	About what grandparents experience (fear, helplessness, and anger) when they learn their grandchildren were taken into state custody by Child Protective Services, placed in foster care, and there are rules for having contacts.
-	About grandparents’ need for clear explanations toward them understanding guidelines for managing cases with children in state custody who need foster care and a safe permanent home.

VI. The Executive Office on Aging

A.	Given that the current Hawai`i State 4-Year Plan on Aging is from 2008-2011, the Executive Office on Aging (EOA) is strongly encouraged to include grandparents raising 
grandchildren in the planning process for the next 4-Year State Plan on Aging for 2012-2015. EOA encourages members of the GRGTF to participate in the planning process.             

B.	The Executive Office on Aging is strongly encouraged to assure that GRG are included in writing for elderly service described in the next Hawaii State 4-Year Plan.

C.	The Executive Office on Aging is strongly encouraged to follow-up to advocate for DOE to provide data from signed Affidavits, Caregivers Consent (Act 99, since 2003).  
      See Part II, Section D of this report.
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VII. All Area Agencies on Aging (AAA) 

A.	Hawai`i County, Kauai County, and Maui County Offices on Aging are strongly encouraged to include specific wording on the front covers of printed materials for family caregivers, “Elderly Services Including Grandparents Raising Grandchildren”, and also at online information, to show clearly that GRG are welcomed to inquire about county resources, and to be included whenever appropriate.

B.	County AAAs are encouraged to provide information on how they plan to include GRG in their service planning in various ways, such as partnering with other agencies, in light of recent budget cuts.

VIII.	Recommendation:  

	Private, County, and State agencies (including the University of Hawai`i) are strongly encouraged to (1) continue advocacy for GRG to be included and better supported by existing state and county systems; and (2) to initiate or maintain data collection to raise awareness of their prevalence, needs, and service provision to GRG.

IX.	Recommendation:  

Service providers and others interested in issues related to GRG are encouraged to take every opportunity to raise public, agency, and legislative awareness of the needs of GRG by facilitating awareness around pre-existing dates, such as Caregivers’ Awareness Day at the State Capitol and National Family Caregivers Month (March), and  National Grandparents Day (September).  

						Respectfully submitted on June 17, 2009
						Behalf of the members of the									Grandparents Raising 
						Grandchildren Task Force.

_________________________	__________________________
Loriena Yancura, Co-Chair	             Patricia Urieff, Co-Chair