Jan. 15, 2005 – Facing legal barriers that prevent grandparents and caregivers from making important health care and education decisions for children in their charge, New Yorkers are urging Governor George Pataki to sign the "Caregiver Consent" law before a January 30 deadline. It the Governor fails to take action, the bill will automatically be vetoed.
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The law, passed unanimously in June 2004, would allow parents to give grandparents or other caregivers legal authority to make decisions regarding health care and school enrollment, as well as access to medical and school records. It also gives parents the right to limit the authority to a period of one year, and revoke it at any time.
In New York, the number of grandparents without legal custody responsible for raising children under the age of 18 is approximately 412,000, according to the 2000 census. Nationwide, there are approximately 4.5 million children living in a household where the grandparent is the primary caregiver, a 30 percent increase over the last decade. Additionally, about one quarter of those households did not include either parent.
According to the National Committee of Grandparents for Children’s Rights, there are nearly 40 states with similar laws, giving grandparents the right to make important day-to-day decisions about children’s health and education.
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The AARP of New York is also urging Governor Pataki to sign a law that would allow grandparents to petition the court for consideration in custody hearings.
