With Opioid abuse on the rise and destroying families, leaving young children often in the system, Indiana and DCS need to do better at keeping families together. In any family, grandparents are the foundation. They are often there for births, first steps, birthdays, school events, helping when and how they can, often co-parenting the entire lives of grandchildren.

Indiana has taken the first steps in implementing Grandparent visitation; however, the law is very vague leaving several loopholes that could prevent any visitation and further alienation of family during the most tragic times in children’s lives. One example is that you cannot ask for Grandparent visitation if the children are in the custody of a non-relative. Therefore, if DCS decides to place your children into custody of a non-relative, then this law cannot benefit you. We are here to change this law.

Here is my story:

For years my daughter has battled addiction. One of the most painful things I have experienced is the ups and downs this disease brings and the constant struggle the addict will have for the rest of their lives. All I could do was be there for her and make sure her children were safe, fed, healthy, and happy. They have either lived with me or within a mile of me for most of their lives.

In the summer of 2016, my husband and I decided to move to Mississippi to help take care of his mother. In that time, my daughter had greatly deteriorated and my other two daughters made the tough decision to contact DCS and CPS. We were under the assumption that we would obviously be included in any placement and mediation; however, we were grossly mistaken. The INDIANA DEPARTMENT OF CHILD SERVICES CHILD WELFARE MANUAL states they are to Provide Several Opportunities for Family Participation in CFT Meetings it is important to give relatives an opportunity to step forward. Family members often show their support in unanticipated ways – including traveling long distances at their own expense to participate in planning meetings

DCS had decided there was enough proof to place the children outside of the home of both parents and was at their school waiting for someone to show up. One call was made by the school to the Grandfather, who then called his ex-wife to go to the school to pick up the children. The ex – Paternal Grandmother did show up and then was awarded guardianship of the two oldest children.  The youngest child was placed in the home with his paternal grandfather.

Under codes IC 31-34-6-2 every attempt must be made to place the children with a family member. In accordance with notifications IC31-34-3-4-4.5 Indiana State law requires that the Family Case Manager (FCM) is required to contact all adult relatives on both the maternal and paternal sides of the family within 30 days of the children’s removal from their parents with a Form 55211.

IC3134-4-2 (b) the department shall consider placing a child described in subsection (a) with a relative related by blood, marriage, or adoption before considering any other placement of the child.

DCS never contacted anyone, the school did, and no one ever contacted any maternal family members to do the Family Network Diagram, no family member ever received Form 55211. The three children were separated between two different homes, DCS allowed the separation citing they were with a ‘’relative.”  Once the ex-paternal grandmother divorced the children’s paternal grandfather she was no longer considered a family member by law. They were divorced before the removal of the children making her a non- family member.

Several attempts were made by the maternal family to see the children. My daughters got to see the two oldest children once; they took the kids shopping for cloths and school supplies, took them swimming and had a wonderful day with them. Then no other visitation was granted after that. Every attempt that we made to visit or even talk to my grandchildren was denied.   All during this time the paternal grandmother gets to see the two oldest children when she wants, she gets to keep them for a week at a time. Their paternal uncle gets to let the children stay all night with him. The paternal family gets to take the children out of state but we are not even allowed to text the children.

Upon learning of the Grandparent visitation law in Indiana, I had hope again. It quickly diminished when several courts refused to hear our case. Finally, the CPS judge was ordered to handle the case. It was thrown out in the matter of minutes due to the fact the ex-paternal grandparent was now arguing under oath that she was not a relative, therefore, we were not allowed to ask for visitation. How can DCS claim they did not contact us due to the fact they were with a relative, then say we have no grounds for visitation due to the fact that she isn’t a relative? With the third child the judge decided I did not show proof that I should be a part of my grandson’s life. The judge threw out all pictures that showed the close relationship that we had.

It has been two and a half years since I have seen my three grandchildren because CPS did not follow the law.  In CPS own manual it states “Informing parents about the benefits to children of having a relationship with the other parent and permanent connections with relatives and other caring adults and the harmful effects for children who do not have these supports”.  This has affected my grandchildren! When my granddaughter got her first phone she called me and told me she wanted to see me. Several times she text me and told me her and her brother wants to see me and they miss me. Screen shots of the conversations were thrown out of court along with the pictures. My granddaughter is 14 years old and she has to sign adoption papers but she is not allowed to see me, doesn’t make much since. Her guardians have made her stop having any contact with me at all.

There are several cases like this and it needs to change! Tell DCS and Indiana that we want “Grammy’s law” and accountability with DCS and the legal system. With “Grammy’s Law”, new policies will be introduced to make sure all family members are included and all attempts are made to keep families together. If you have a story to share as well, please email: grammyslaw@gmail.com. We will try our best to have your voice heard!