>Grandparents Support Group

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The Lowndes/Brooks County Grandparents Raising Grandchildren support group held its first meeting of the year, allowing grandparents to discuss the rigors of raising grandchildren and learn about legal and government aid available to them.

This month’s meeting featured paralegal Dawn Best from Georgia Legal Services’ Valdosta office and Carrie Hickman from the Division of Family and Children Services.

During the meeting, Best expounded on The Kinship Care Project and Senate Bill 88, which creates power of attorney for the care of a grandchild. Best also discussed the differences between legal custody, temporary guardianship and adoption, as well as the process for appealing denial of assistance by DFCS.

Hickman then informed the grandparents of available government assistance, such as Medicaid, food stamps and temporary assistance to needy families (TANF), and eligibility requirements.

The grandparents who attended discussed topics from financial hardship to disciplinary problems with their grandchildren.

Full Article and Source:
Grandparents raising grandchildren

Handling the Guardianship Cases

Cody Cross won the position of probate judge against his opponent, Joley Barber after long-time Judge Donald “Hoppy” Royston announced his retirement.

Cross began working as a jail dispatcher during the pre-911 days in January 1993. In 1996, he was promoted by former Sheriff Jack Fortson to road deputy, then promoted again, this time to investigator, by former Sheriff Clayton Lowe in January, 1999.

The probate office handles marriage certificates, birth and death certificates, wills, guardianships, citations, game and fish licenses, administration of estates and more.

Cross said he thinks one of the most difficult of his duties will be handling the guardianship cases of incapacitated adults.

Cross: “That means taking away their liberties and rights – that’s hard.”

Full Article and Source:
Former investigator settles in as new probate judge

>Handling the Guardianship Cases

>

Cody Cross won the position of probate judge against his opponent, Joley Barber after long-time Judge Donald “Hoppy” Royston announced his retirement.

Cross began working as a jail dispatcher during the pre-911 days in January 1993. In 1996, he was promoted by former Sheriff Jack Fortson to road deputy, then promoted again, this time to investigator, by former Sheriff Clayton Lowe in January, 1999.

The probate office handles marriage certificates, birth and death certificates, wills, guardianships, citations, game and fish licenses, administration of estates and more.

Cross said he thinks one of the most difficult of his duties will be handling the guardianship cases of incapacitated adults.

Cross: “That means taking away their liberties and rights – that’s hard.”

Full Article and Source:
Former investigator settles in as new probate judge

Guardianship Ward Faces Deportation

The Georgia General Assembly convened and a new president will be sworn in later this month. For one local family, immigration is an important topic they hope will be addressed as the new state and national governments get down to business. It’s a hot-button issue that hits very close to the heart.

Danny Wilson’s adopted son Noe woke up Monday morning in a jail cell, facing deportation. Noe, a Rome High School and Shorter College alum, was cited for several offenses – including an expired tag, no insurance, driving without a license and DUI after drinking the previous night with friends – and was arrested when his illegal status was discovered. Now his father is asking for help and support as they fight his impending deportation.

Wilson doesn’t deny his son’s illegal status; in fact, he has fought for more than 10 years with the help of an immigration lawyer to obtain citizenship for Noe, who is now 24 years old. He said his son has worked hard since coming to America from Guatemala to achieve the American Dream, only to see that work flushed away because current immigration laws prevent his son from becoming a citizen.

“We’ve tried every conceivable way to do the right thing,” said Wilson, explaining that he was granted legal guardianship, but never allowed to officially adopt Noe as a boy.

Full Article and Source:
Family seeking support, prayers as adopted son faces deportation

>Guardianship Ward Faces Deportation

>

The Georgia General Assembly convened and a new president will be sworn in later this month. For one local family, immigration is an important topic they hope will be addressed as the new state and national governments get down to business. It’s a hot-button issue that hits very close to the heart.

Danny Wilson’s adopted son Noe woke up Monday morning in a jail cell, facing deportation. Noe, a Rome High School and Shorter College alum, was cited for several offenses – including an expired tag, no insurance, driving without a license and DUI after drinking the previous night with friends – and was arrested when his illegal status was discovered. Now his father is asking for help and support as they fight his impending deportation.

Wilson doesn’t deny his son’s illegal status; in fact, he has fought for more than 10 years with the help of an immigration lawyer to obtain citizenship for Noe, who is now 24 years old. He said his son has worked hard since coming to America from Guatemala to achieve the American Dream, only to see that work flushed away because current immigration laws prevent his son from becoming a citizen.

“We’ve tried every conceivable way to do the right thing,” said Wilson, explaining that he was granted legal guardianship, but never allowed to officially adopt Noe as a boy.

Full Article and Source:
Family seeking support, prayers as adopted son faces deportation

State Owes Fees and Reform

More than $11 million in fees and expenses for lawyers who filed a lawsuit that led to dramatic changes in Georgia’s foster care system is in dispute.

The 11th U.S. Circuit Court of Appeals declined to rehear the state’s appeal of U.S. District Judge Marvin Shoob’s award of $10.5 million in attorney fees. At issue is whether Shoob correctly applied a $4.5 million enhancement on top of a $6 million award.

Circuit Judge Ed Carnes, one of three who disagreed with the decision not to hear the appeal, suggested the matter should be decided by the U.S. Supreme Court.

Jeffrey O. Bramlett, one of the plaintiff attorneys, said the award totaled nearly $11.3 million and interest has been accruing at 4.19 percent a year. Bramlett: “how would you like to not get a paycheck for three years?”

The class-action lawsuit, settled in 2005, prompted the state to reduce worker case loads, improve investigations into abuse and prevent overcrowding in foster homes.

Children’s Rights, the advocacy group that brought the lawsuit, asked Shoob in August to find the Division of Family and Children Services in contempt for allegedly failing to meet court-ordered requirements to place thousands of foster children in permanent homes.

Full Article and Source:
State still owes $11 million-plus in attorney fees

See also:
Atlanta Foster Children at Risk as Georgia Fails to Make Court-Ordered Child Welfare Improvements

>State Owes Fees and Reform

>

More than $11 million in fees and expenses for lawyers who filed a lawsuit that led to dramatic changes in Georgia’s foster care system is in dispute.

The 11th U.S. Circuit Court of Appeals declined to rehear the state’s appeal of U.S. District Judge Marvin Shoob’s award of $10.5 million in attorney fees. At issue is whether Shoob correctly applied a $4.5 million enhancement on top of a $6 million award.

Circuit Judge Ed Carnes, one of three who disagreed with the decision not to hear the appeal, suggested the matter should be decided by the U.S. Supreme Court.

Jeffrey O. Bramlett, one of the plaintiff attorneys, said the award totaled nearly $11.3 million and interest has been accruing at 4.19 percent a year. Bramlett: “how would you like to not get a paycheck for three years?”

The class-action lawsuit, settled in 2005, prompted the state to reduce worker case loads, improve investigations into abuse and prevent overcrowding in foster homes.

Children’s Rights, the advocacy group that brought the lawsuit, asked Shoob in August to find the Division of Family and Children Services in contempt for allegedly failing to meet court-ordered requirements to place thousands of foster children in permanent homes.

Full Article and Source:
State still owes $11 million-plus in attorney fees

See also:
Atlanta Foster Children at Risk as Georgia Fails to Make Court-Ordered Child Welfare Improvements

New Law: No Need for Court

Effective July 1, the Care of a Grandchild Act allows a parent, without a court’s approval, to delegate the care of a child to a grandparent or great-grandparent in the event of hardship such as illness, active military duty, natural disaster or incarceration.

The new law is designed to assist families to transfer custody when necessary without the expense or involvement of the court system.

However, the new law has created potential problems for Dougherty County’s school attendance policy. With the notarized form, the “agent grandparent” consequently may enroll the child in a public school serving the area where the grandparent resides.

Board Attorney Tommy Coleman: “The law runs counter to what the Dougherty County School Board has been trying to do.”

Changes in the system’s student assignment policy made in 2006 require students to remain at a single school through the school year, with a few exceptions, even if a family moves to a new address.

The new law requires parents to certify that the transfer of care to a grandparent is not solely for the purpose of sending the child to another school, but Coleman said some parents have been known to “take advantage” of the system.

Dougherty Probate Judge Nancy Stephenson: “Thought the new law might impact the number of temporary guardianship papers issued by her office”, but it hasn’t.

Requests for temporary guardianships have declined since the school board’s 2006 policy revision made them invalid for the purpose of determining student residency.

Full Article and Source:
School law creates kinks

More on the Care of a Grandchild Act:
SB 88 – Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances

GENERAL ASSEMBLY OF GEORGIA: the “Care of a Grandchild Act”

>New Law: No Need for Court

>

Effective July 1, the Care of a Grandchild Act allows a parent, without a court’s approval, to delegate the care of a child to a grandparent or great-grandparent in the event of hardship such as illness, active military duty, natural disaster or incarceration.

The new law is designed to assist families to transfer custody when necessary without the expense or involvement of the court system.

However, the new law has created potential problems for Dougherty County’s school attendance policy. With the notarized form, the “agent grandparent” consequently may enroll the child in a public school serving the area where the grandparent resides.

Board Attorney Tommy Coleman: “The law runs counter to what the Dougherty County School Board has been trying to do.”

Changes in the system’s student assignment policy made in 2006 require students to remain at a single school through the school year, with a few exceptions, even if a family moves to a new address.

The new law requires parents to certify that the transfer of care to a grandparent is not solely for the purpose of sending the child to another school, but Coleman said some parents have been known to “take advantage” of the system.

Dougherty Probate Judge Nancy Stephenson: “Thought the new law might impact the number of temporary guardianship papers issued by her office”, but it hasn’t.

Requests for temporary guardianships have declined since the school board’s 2006 policy revision made them invalid for the purpose of determining student residency.

Full Article and Source:
School law creates kinks

More on the Care of a Grandchild Act:
SB 88 – Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances

GENERAL ASSEMBLY OF GEORGIA: the “Care of a Grandchild Act”

"Broken Stewardship"

Son contends law firms representation of 99-year-old East Lyme woman poses a conflict

A family doctor from Savannah, Ga., has appealed to the U.S. Supreme Court in a dispute involving a powerful Connecticut law firm and the management of his 99-year-old mother’s affairs.

Other family members are satisfied that Mrs. Hubby’s affairs – including an estate worth an estimated $5.5 million – are in good order. But Dr. Frank B. “Ben” Hubby says he needs to repair his mother’s “broken stewardship.”

He has taken on Day Pitney, one of the state’s largest law firms, claiming the firm represents two members of his family whose interests are in direct conflict with each other: his mother and his older brother, Nicholas.

Hubby’s claim has been dismissed by the East Lyme probate court and the state Superior, Appellate and Supreme courts. Earlier this month, Hubby petitioned the U.S. Supreme Court to take on the case.

Hubby wrote in his petition to the court that the case presents an issue of national importance “because overly trusting elders are easily persuaded to take actions injurious to their own interests.”

Full Article and Source:
Doctor Hopes Supreme Court Weighs In On Family Dispute