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Every Child Needs an Advocate
Jim Koppel, Director, Children’s Defense
Fund Minnesota
While the election may be over, the real
work has just begun. The Minnesota
legislature convenes in two months to decide
what to include in our state’s budget for
the next two years. Will children’s health
care, childcare, education and safety be
considered as important issues?
I
encourage you to become an advocate for
children and make a difference in the
decisions we make here in Minnesota. There
is so much to gain or lose and we can’t
afford to stand by and watch. Getting
involved means you may need to make a phone
call or two, write a letter or even visit
with your legislator. It also means that our
elected officials will be aware of the needs
and challenges that our children face.
Here are a few tips to get you started and
make your efforts most effective:
Ø
Write your State Representative and your
State Senator. Introduce yourself and tell
them what your concerns are. Do it now
before the session starts and when they have
time to read and respond. If you are not
sure, call 1-800-637-3550 to find out
who are your Representative and Senator.
Send that letter to the Governor as well
just to let him know that you are concerned
about children’s issues.
Ø
Know your facts! There are an estimated
70,00 uninsured children in Minnesota and
health care costs have made health care
harder to afford for all families with
children. Over $80 million was cut from
childcare subsidies last year and our child
welfare system lost almost $40 million as a
result of consolidation of programs.
Ø
Follow up your letter with a visit to their
office at the Capitol or with another letter
early next year. Continue to educate your
elected officials about the challenges that
children face. This continued communication
is important and will hopefully lead to a
respectful and thoughtful relationship
between you and your House and Senate
member.
Children need your help. Not only as
caregivers but as advocates for better
public policies that will ensure a better
future. Get involved, get educated and then
take action. It will make a difference in
your life and in the lives of children.
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MKCA Works Collaboratively
One of the goals of
MKCA is to build partnerships and work with
organizations that share similar values,
goals, and missions. In doing so, we are
able to build stronger and more viable
programs for grandparents and relatives
raising children.
MKCA and its host
agencies hosted eight regional
community forums across the state
this past year for relative caregivers and
professionals. These one-day workshops, co-
sponsored by AARP Minnesota,
covered legal, financial and mental health
issues. As one grandparent said of the
workshop, “...this helped put my mind at
ease about some problems.”
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Minnesota
Department of Human Services
MKCA and the MCWTS look forward to this
annual event in 2005.<Back
FASD~A lifetime disability
By Joyce Holl, Executive Director,
Minnesota Organization on Fetal Alcohol
Syndrome
Fetal Alcohol Spectrum
Disorders (FASD) is an umbrella term
describing the range of effects that can
occur in an individual whose mother drank
alcohol during pregnancy. These effects may
include physical, mental, behavioral, and/or
learning disabilities with possible lifelong
implications.
Some children with FASD
have specific facial features and tend to be
smaller in height and weight. They often
have brain injury that is permanent. This
means both the child's thought process and
behavior may be very different than a child
who was not exposed to alcohol before
birth. The brain damage is the most
challenging part of this disability.
Brain injuries
resulting from FASD can cause attention
deficit and hyperactivity disorder, learning
disabilities, and problems with daily living
skills. When families have exhausted every
intervention and nothing seems to work, FASD
should be considered.
Although the only way
to prevent FASD is to not drink alcohol
during pregnancy, secondary disabilities can
be prevented in children who are affected by
providing early intervention services.
Secondary disabilities include mental health
problems, disruptive school experience,
trouble with the law, confinement,
inappropriate sexual behavior, alcohol/drug
problems, dependent living and employment
problems.
There are strategies in
working with children living with FASD.
Families can make a difference in the lives
of children affected. To learn more about
FASD, strategies and programs and
services contact the Minnesota Organization
on Fetal Alcohol Syndrome (MOFAS) at
651-917-2370 or go to
www.mofas.org
The mission of
MOFAS is to eliminate birth defects caused
by alcohol consumption during pregnancy and
improve the quality of life for those
individuals and families affected. MOFAS
works collaboratively within communities to
provide resources and support for families
living with FASD. WE strive to buil
partnerships and improve services for
families.
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Message from the Executive Director
Partners In Service To Kinship Caregivers
With 2004
drawing to a close, MKCA wishes to
acknowledge and thank our funders whose
generous contributions make it possible for
MKCA to serve kinship families across
Minnesota.
Kinship or
relative caregiving is a rapidly growing
social trend in which relatives, usually
grandparents, are raising children when the
parents are unable or unwilling to parent.
These can be private family arrangements
(informal kinship care), or may involve
formal child protection placements (formal
kinship care). The vast majority of kinship
caregiving arrangements (85 percent) fall
into the informal category.
Although
children are living in informal kinship care
for many of the same reasons that children
enter the formal system, their caregivers do
not receive the same training, financial
assistance, or support services as foster
parents. MKCA’s programs are focused on
minimizing the differences between the
resources that are available to foster care
families and to informal kinship
caregivers.
Minimally,
informal kinship caregivers should be
provided with basic information on issues
they will encounter as caregivers. Through
MKCA’s statewide network of contracted
agencies, kinship caregivers are provided
with information about legal custody
options, financial assistance, and
supportive services to assist them in their
caregiving role.
At this time,
we acknowledge our partners who financially
contributed to MKCA’s program needs.
Funding from the Minnesota Board on
Aging, AARP Minnesota, and the McKnight and
Park Nicollet Foundations supported
appropriate services that addressed the
complex needs of kinship caregivers.
To ensure that
MKCA will continue to grow as a long-term
provider of service to kinship caregivers,
MKCA developed a strategic plan with funding
from The St. Paul Foundation. A
subsequent grant through the Otto Bremer
Foundation will allow MKCA to implement
and evaluate its new plan.
Society benefits greatly from the
contributions of kinship caregivers. On
behalf of families served by MKCA, I wish to
thank our partners for their support of
kinship caregivers as they perform their
role as surrogate parents.
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Education
Rights of Children
The
Education Law Advocacy Project of Southern
Minnesota Regional Legal Services, Inc. (SMRLS)
provides free legal representation and
advice on education-related issues to
low-income persons living within the SMRLS
service area. This includes financially
eligible persons living in Ramsey, Dakota,
Washington, and other counties in southern
Minnesota. SMRLS’ intake number is
651‑222‑4731. Callers will be screened for
project eligibility.
Below are
very brief responses to some questions
frequently asked by caregivers. The
responses are not legal advice. If you need
advice or representation on a school issue,
please contact SMRLS (if you live within the
service area) or other advocacy
organization.
1.
If my child is having problems in
school, who is responsible for the
evaluation/diagnosis?
The school district is responsible for
identifying and evaluating a child with a
suspected disability affecting learning to
determine (a) the educational needs of the
child and (b) whether the child qualifies
for special education and related services.
A caregiver can also request an evaluation
(preferably in writing). A school district
cannot give a medical diagnosis, e.g., a
diagnosis of ADHD.
2.
What is the responsibility of the
school district in meeting a child’s special
needs?
The school district is responsible for
providing a free appropriate public
education to every child who is eligible for
special education services. This means
providing the child with individualized
instruction based on the child’s educational
needs.
3.
What is an Individual Education
Plan (IEP), and can a kinship caregiver
without legal custody participate in the
planning and review of the IEP?
An IEP is a written plan which describes the
special education and related services
necessary for the child to get an
appropriate education. The IEP states (a)
the annual goals for the student; (b) the
skills the child should learn; (c) the
accommodations or modifications needed by
the child; and (d) special education
resources the school district will provide
the student.
The IEP must be developed at a meeting of a
team of people. The IEP team must include
the parent(s). However, the definition of a
parent for special education purposes
includes a person “acting in the place of a
parent” with whom the child lives. Thus, a
kinship caregiver without legal custody has
the same rights as a parent to participate
in the planning and review of the IEP if
the child is living with the caregiver.
4.
What can be done if services are
denied?
When services are denied, the school
district is responsible for informing the
caregiver of her due process rights by
giving her a copy of the procedural
safeguards notice. The caregiver should ask
for a copy if not provided by the school
district. The notice describes different
ways of contesting a denial of special
education services. These include mediation,
complaint with the Minnesota Department of
Education, and due process hearing.
Lilian Ejebe, Supervising Attorney
Education Law Advocacy Project
Southern Minnesota Regional Legal Services,
Inc.
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