Grandparent Adoptions on the Rise Due to Opioid Crisis
Around the nation, many grandparent adoptions are on the rise. So how does this affect both the grandparents and the grandchild?
More and more often we see grandparents petitioning the courts for visitation rights to their grandchildren. Depending on the jurisdiction you are in, a grandparent may be granted their petitions, especially if there are certain circumstances such as the death of one or both of the parents, parent or parents are in jail, drug or alcohol abusers, or have a history of domestic violence. Something that is less frequent is grandparents petitioning to adopt their grandchildren.
CUSTODY AND GUARDIANSHIP ISSUES
IMMEDIATE TEMPORARY CUSTODY of a child is granted to an adult relative, family law attorney for a minor child, or an adult with actual physical custody of the minor child by a probate court when returning the child would result in the child’s being removed from the court’s jurisdiction or places the child in risk of serious injury. Immediate Temporary Custody lasts for 5 business days and then the court will hold a second hearing on temporary custody with notice to all parties.
The opioid epidemic is creating a new demographic of parents in the adoption community: Grandparents.
The stats are staggering: 2.6 million children in this country are being raised by grandparents or relatives. That’s up 8% since the year 2000. And, after years of decline, the number of children entering foster care is rising, too: Over 30,000 more children entered foster care in 2015 than in 2012.
So, what’s the culprit? Two words: Opioid epidemic.
Grandfamilies are often formed in crisis, and the opioid epidemic is one major reason for their rising numbers lately. What happens when a young parent struggles with addiction or dies of an overdose? Often, the addicted person’s mom or dad (or both) takes a deep breath and steps in to raise their grandkids. Because whether it’s opioids, other drugs, or alcohol, addictive substances can utterly scramble a parent’s priorities, leading to child neglect or abuse. “My grandson would have been seriously injured or killed in his parents’ care,” one grandparent told me. As another put it, “A child should never have to live in a car or on the streets.”
Opioid Addiction in America
Opioid addiction* is a sad reality in today’s America, and it’s putting a lot of pressure on grandparents. These aging Americans feel they have no choice but to keep their family intact by gaining custody of their grandchildren, so those children don’t go into foster care or get adopted by someone outside the family. Grandparents are putting their long-awaited retirement plans on the back burner, digging in their heels, and parenting—all over again.
As challenging as this situation is, grandparent adoption is having an overwhelmingly positive impact on children. Studies show that being raised by “grandfamilies” helps protect children who have been exposed to trauma (and, we can surmise, prevents further trauma from occurring). In 2017, the National Center on Grandfamilies (which is part of Generations United, an organization that advocates for families headed by grandparents and other relatives) published a report on the protective role of grandparents and other relatives in raising children exposed to trauma. The key findings from this report are listed in the text box on this page.
Finding Legal Assistance: Many grandparents find themselves in need of legal advice and assistance when it comes to decisions concerning their grandchildren. Finding a good attorney with experience in non-parental custody cases is preferred. When hiring a lawyer is not affordable, there is self-help information available. It may be possible to obtain legal forms and sometimes assistance with filling out the forms. Contact your local legal aid office, local court facilitator, law school clinic, or local bar association to find out if there is help in your area with obtaining and filling out appropriate forms.
Barriers for Grandparents
Although adoption often has positive outcomes for many children, in the U.S. foster care system, the goal is always reunification over adoption. As the opioid tide is rising in this country, so too are the rates of grandparents adopting grandchildren. Grandparents are committing to this responsibility in myriad ways: Taking temporary custody. Becoming foster parents. And even formally adopting their grandchildren and raising them in a traditional parent-child relationship.
But real barriers stand in the way. Outdated adoption laws that prevent a quick (less traumatic for the already traumatized child) transition from parent custody to grandparent custody. The costs of adoption (yes, even grandparents have to pay those fees). The paperwork of the foster care system, which delays quick and safe placement. The expense of raising grandchildren (some of whom need costly specialists that may or may not be covered by insurance). Grandparents continue to ask lawmakers and state officials, “Why do we (family members) have to pay to adopt our own grandchild or another family member? That doesn’t seem fair or right!” It’s arguable that the kinship adoption/foster process should take much less time for family members than it does for non-family members—and should cost much less.