SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1995 SESSION

LD4113244
HOUSE JOINT RESOLUTION NO. 552
Offered January 23, 1995
Requesting the establishment of a joint subcommittee to study the rights of grandparents.
----------
Patron--Giesen
----------
Referred to Committee on Rules
----------

WHEREAS, twentieth-century life has brought many changes in family life and relationships; and

WHEREAS, among the many changes that have occurred is the phenomenon of large numbers of grandparents raising their grandchildren because the parents are either unwilling or unable to do so, although the parents refuse to relinquish their legal rights to the children; and

WHEREAS, anecdotal accounts describe grandparents of every ethnicity and income level, who have assumed the responsibility for the day-to-day care of their grandchildren from the parents, their children, who were incarcerated or irresponsible or substance abusers; and

WHEREAS, in many of these cases, the parents return, after years of absence, to demand their legal right to custody of the child; and

WHEREAS, the heartbreak suffered by the grandparents, who have comforted and sheltered the child through joys and sicknesses and accepted the financial, emotional, and physical burdens of childrearing, can only be realized through experience; and

WHEREAS, the ramifications of raising a child of whom you do not have legal custody include such important issues as ineligibility for health insurance coverage under the grandparents’ plans and lack of social security protections; and

WHEREAS, parents do have the legal right, in the absence of abuse or neglect, to raise their children and it is undoubtedly true that many of the parents still love their children and never intended to abandon them; however, the inequities faced by grandparents who cannot obtain custody are great; and

WHEREAS, the injustice of the situation is egregious, detrimental to family relationships, and frequently agonizing for the grandparents who have assumed the difficult role of childrearing during their later years; and

WHEREAS, as in any family conflict, these situations must be resolved in an equitable and practical manner, with the best interests of the child paramount over every other issue; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee to study the rights of grandparents be established. The joint subcommittee shall consist of nine members to be appointed as follows: Five members of the House of Delegates to be appointed by the Speaker thereof and four members of the Senate to be appointed by the Senate Committee on Privileges and Elections.

In its deliberations, the joint subcommittee shall examine (i) adoption and custody laws, particularly as such laws relate to family relationships and long-term commitments to raising a child whose parents have not recognized this responsibility; (ii) possible revision of the Commonwealth’s laws to provide fairness in these situations both to grandparents who raise grandchildren for years without legal custody and to the parents, who may love their children and wish to resolve the situation; and (iii) the best interests of the child in terms of health care, education, safety, and support. The joint subcommittee is requested to evaluate any modifications of present law which could provide grandparents in this situation with some rights under specific conditions, such as having raised the child for ten years without any assistance, either emotional or financial, from the child’s parents.

The direct costs of this study shall not exceed $5,400.

The Division of Legislative Services shall provide staff support for the study. All agencies of the Commonwealth shall provide assistance to the joint subcommittee, upon request.

The joint subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 1996 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for processing legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.