By Meghan McCann
In the wake of National Grandparents Day, it's worth noting that, in 2012, 7.1 million grandparents had grandchildren under the age of 18 living with them. Grandparents Day was declared by President Jimmy Carter in 1978 to be celebrated on the first Sunday after Labor Day (Sept. 7 this year).
The U.S. Census Bureau compiled a list of stats about Grandparents as Caregivers in celebration of National Grandparents Day.
During the 2014 legislative session, 24 states considered 48 bills dealing with grandparent or great- grandparent custody and visitation. This latest trend of grandparent custody and visitation has led to legislation on ways to support relative caregivers, particularly grandparents.
NCSL’s Children and Families Program tracks legislation dealing with grandparent and great-grandparent custody and visitation in the Child Support and Family Law Legislation Database in addition to publishing a report on State Legislative Enactments Supporting Relatives, Kinship Care Providers and Grandparents from 2007-2012.
Kinship care refers to the care of children by relatives or, in some jurisdictions, close family friends (often referred to as fictive kin). Relatives are the preferred resource for children who must be removed from their birth parents because it maintains the children’s connections with their families.
States continue to rely on kinship care. Federal law requires states to give preference to relatives when placing children. When states consider kinship care, grandparents are at the top of the list for consideration as a guardian.
NCSL’s Child Welfare Policy Update on Recent State Response to the Fostering Connections to Success Act of 2008 provides a summary and overview of the Kinship Guardianship Assistance Payment Provision of the Act, including the state option to provide kinship guardianship assistance payments on behalf of grandparents and other relatives who have assumed legal guardianships of children. The Child Welfare Enacted Legislation Database also tracks legislation related to kinship care and in 2013, 11 states enacted 13 bills providing for kinship care.
Also view the Annie E. Casey Foundation’s Kids Count Data Center for more stats on Grandchildren in the Care of Grandparents.
Meghan McCann is a policy associate with NCSL’s Children and Families Program. She focuses on issues of child welfare, child support and family law. Email Meghan.