Georgia State University Law Review Volume 24 Article 5 Issue 1 Fall 2007 April 2012 DOMESTIC RELATIONS Child Custody Proceedings: Amend Chapter 9 of the Title 19 of the Official Code of Georgia Annotated, Relating to Child Custody Proceedings, so as to Provide for the Creation, Authorization, Procedure, Revocation, and Termination of a Power of Attorney from a Parent to a Grandparent for the Care of a Grandchild; Provide for Short Titles; Provide Definitions; Provide for the Creation of a Program to Provide a Subsidy to Certain Grandparents Raising Grandchildren under Certain Circumstances; Provide for an Assessment and Evaluation of Certain Aspects of the Program; Recommended Citation Georgia State University Law Review, DOMESTIC RELATIONS Child Custody Proceedings: Amend Chapter 9 of the Title 19 of the Official Code of Georgia Annotated, Relating to Child Custody Proceedings, so as to Provide for the Creation, Authorization, Procedure, Revocation, and Termination of a Power of Attorney from a Parent to a Grandparent for the Care of a Grandchild; Provide for Short Titles; Provide Definitions; Provide for the Creation of a Program to Provide a Subsidy to Certain Grandparents Raising Grandchildren under Certain Circumstances; Provide for an Assessment and Evaluation of Certain Aspects of the Program; Provide for Other Related Matters; Provide Effective Dates; Repeal Conflicting Laws; and for Other Purposes, 24 Ga. St. U. L. Rev. (2012). Available at: https://readingroom.law.gsu.edu/gsulr/vol24/iss1/5 This Peach Sheet is brought to you for free and open access by the Publications at Reading Room. It has been accepted for inclusion in Georgia State University Law Review by an authorized editor of Reading Room. For more information, please contact [email protected]. Provide for Other Related Matters; Provide Effective Dates; Repeal Conflicting Laws; and for Other Purposes Georgia State University Law Review Follow this and additional works at: https://readingroom.law.gsu.edu/gsulr Part of the Law Commons : DOMESTIC RELATIONS Child Custody Proceedings: Amend Chapter 9 of DOMESTIC RELATIONS Child Custody Proceedings:Proceedings: Amend Chapter 9 ofo/Title Title 19 ofo/the the Official Code of0/ Georgia Annotated, RelatingRelating to Child Custody Proceedings, soso as to ProvideProvide/orfor the Creation, Authorization, Procedure, Revocation, and Termination of0/ a Power of0/ AttorneyAttorney fromfrom a Parent to a Grandparent/orGrandparentfor the Care 0/of a Grandchild; Provide forfor Short Titles; Provide Definitions; ProvideProvide/or for the Creation 0/of a Program to to Provide a Subsidy to Certain Grandparents Raising Grandchildren under Certain Circumstances; ProvideProvide/or for an Assessment and Evaluation of0/ Certain AspectsAspects o/theof the Program;Program; ProvideProvide/or for Other Related Matters; Provide Effective Dates; Repeal Conflicting Laws; andand/orfor Other Purposes CODE SECTIONS: O.C.G.A. §§ 19-9-120 to -129 (new), - 140 to -142 (new) BILL NUMBER: SBSB88 88 SUMMARY: The bill would have allowed parents under hardship to delegate care-giving authority to grandparents for the care of their minor children. The authority would be delegated by creating a power of attorney, which would not require the approval of a court. The power of attorney would allow grandparents to perform several functions on behalf of their grandchildren, including enrolling the grandchildren in school, consenting to medical care, and providing food, lodging, housing, and recreation. The bill would have established a subsidy program that would allow grandparents who are below a certain poverty levellevel to receive funds equivalent to 80% of the average state-wide foster care subsidy rate. EFFECTIVE DATE: N/A Published by Reading Room, 2007 81 1 HeinOnline -- 24 Ga. St. U. L. Rev. 81 2007-2008 Georgia State University Law Review, Vol. 24, Iss. 1 [2007], Art. 5 82 GEORGIA STATE UNIVERSITY LAW REVIEW (Vol.[Vol. 24:81 History Nothing could have prepared Harriet Walker of Walton County, Georgia, for what happened.happened.' 1 After dire circumstances befell her grandchildren's parents, her young grandchildren, ages three and six, were suddenly thrust into her care.2 The oldest had Attention Deficit Hyperactivity Disorder (ADHD), which was difficult enough, but the youngest suffered from a rare metabolic disorder that required constant monitoring of medicine and food intake.33 Too much protein could force little Jeremiah into a coma.4 Ms. Walker had to quit her job to care for him. 5 Without income, she could not afford the medications necessary for her grandchildren.6 Fortunately, Ms. Walker was able to obtain help from a non-profit groUp.7group. 7 Others in Georgia have not been so fortunate.88 Georgia have not been so fortunate. 9 There are more than 92,000 grandparent caregivers in Georgia.9 Typically, if parents experience a tragedy or unforeseen circumstances, their children are placed in the foster care program where a family, usually unknown to the children, receives funds to alleviate their cost of childrearing.'childrearing. 1O0 However, in most states, if a grandparent gets custody of the child, then these same foster care funds are unavailable to the grandparent, who very often lives on a fixed income.l"income. 11 For example, under current law, a grandparent cannot get his or her grandchild a flu shot without parental consent, much 1. See Stephen Milligan, Group Reaches Out toto Grandparents in Need, WALTON TRIB.,IRIB., Feb. 28, 2007, at AI.Al. 2. !d.Id. 3. Id. 4. Id.Id 5. Id. 6. Id. 7. Milligan, supra note 1. 8. See Dena Levitz, Second Time Around: Number of Grandparents Caring forfor Grandchildren is Increasing, AUGUSTA CHRON., Nov. 7, 2003, at AI,Al, available at 2003 WLNR 2000388; see also Sherri Ackerman, Loving Care: But No Support, TAMPA TRrn.,TRiB., Sept. 23, 2006, Nation/WorldNationIWorld Section at 1, available at 2006 WLNR 16596803 (discussing difficulties faced by grandparent caregivers in Florida). 9. Levitz, supra note 8. 10. See Ackerman, supra note 8. 11. See NATIONAL CONFERENCE OF STATE LEGISLATURES, SELECTED STATE KINSHIP CARE LEGISLATIVE ENACTMENTS 1997-2005 (2007),(2007). http://www.ncsi.org/programs/cyf/kinshipenact.htmhttp://www.ncsl.org/programslcyf7kinshipenact.htm (listing the Kinship Care Laws of thirty-three states). https://readingroom.law.gsu.edu/gsulr/vol24/iss1/5 2 HeinOnline -- 24 Ga. St. U. L. Rev. 82 2007-2008 : DOMESTIC RELATIONS Child Custody Proceedings: Amend Chapter 9 of 2007]20071 LEGISLATIVE REVIEW 83 less enroll the grandchild in school. 12 A grandparent must obtain a court order to receive the necessary authority to properly care for their grandchildren. 1313 This their grandchildren. This can require considerable time and expense14 and is especially daunting to those with very limited means. 14 Furthermore, grandparents must also face the children's immediate Furthermore, grandparents must also face the children's immediate5 needs, such as medical care and consent to extracurricular activities.activities.'I5 The time involved in a court proceeding can disrupt the continuing The time involved in6 a court proceeding can disrupt the continuing care of the children.children.' 16 According to Senator Steve Thompson (D-33rd), the Georgia General Assembly has been tackling these issues for about seventeen years, but time after time has been unable to come up with a solution.17solution. 17 In 2006, Senator Renee Unterman (R-45th) decided to take up the cause of grandparents across Georgia, which was brought to her attention duringdurinf her service on the Senate Health and Human Services Committee.'Committee. 1 With assistance from Kinship Care in Clayton County, Senator Unterman filed Senate Bill 420, which she intended as a first step in solving these problems. I919 Senator Unterman, along with Senators Nancy Schaefer (R-50th), Eric Johnson (R-lst),(R- 1st), Regina Thomas (D-2nd), Seth Harp (R-29th), and David Shafer (R-48th) sponsored the bill?Obill.20 During the 2006 legislative session, the Senate 21 passed SB 420 by a vote of 56 to 0. 2 1 The House Judiciary Committee favorably reported the bill. However, due to political considerations, SB 420 died on the fortieth and final day of the 2006 2 2 legislative session, never receiving a final vote in the House. 22 12. Video Recording of Senate Proceedings, Mar. 1,20071, 2007 at 2 hr., 58 min., 01 sec. (remarks by Sen. Steve Thompson (D-33rd»,(D-33rd)), http://www.georgia.gov/00/artic\e/0.2086.4802_6107103_72682316.00.html[hereinafterhttp://www.georgia.gov/00/article/0,2086,4802_6107103_72682316,00.html [hereinafter Senate VideoVideo].l. 13. Interview with Melanie McNeil, Executive Director, Georgia Council on Aging (Apr. 20, 2007) [hereinafter McNeil Interview]. 14. Id.[d. 15. Id./d. 16. Id.;[d.; see also SBS8 88, as introduced,introduced, 2007 Ga. Gen. Assem. 17. See Senate Video, supra note 12, at 2 hr., 59 min., 30 sec. (remarks by Sen. Steve Thompson (D-(D- 33rd».33rd)). 18. Interview with Sen. Renee Unterman (R-45th) (Apr. 9, 2007) [hereinafter Unterman Interview]. 19. Id./d. Sen. Unterman stated that the bill was not modeled on any previous legislation, nor was it modeled on any other state statutes, but was written completely from scratch with the help of Kinship Care in Clayton County, Georgia. Id/d. 20. S8SB 420, as introduced, 2006 Ga. Gen. Assem. 21. State of Georgia Final Composite Sheet, S8SB 420, March 30, 20062006. .. 22. [d.;Id.; see also Unterman Interview, supra note 18. Published by Reading Room, 2007 3 HeinOnline -- 24 Ga. St. U. L. Rev. 83 2007-2008 Georgia State University Law Review, Vol. 24, Iss. 1 [2007], Art. 5 84 GEORGIA STATE UNIVERSITY LAW REVIEW [Vol. 24:81 Grandparents did not give up.Up.232 3 They staged rallies and pressured lawmakers to provide a solution to the problems they faced in caring and providing for their grandchildren. 24 A modified version of SB 420 was introduced in the Senate during the 2007 legislative session 420 was introduced in the Senate during the 2007 legislative25 session in the form of Senate Bill 88, titled Care of a Grandchild Act.