.
---................................................................--- .
Thank you for taking the time to read their letters.
Except where birth parents have requested otherwise, Identifying information has been omitted to protect the children. So, as clarification for legislators that have asked - YES - These letters have come from many different states. And NO - the tribes involved are not always from the same state as the child. ICWA allows tribes to petition for jurisdcition across state lines
Are these families receiving Due Process and Equal Protection?
- Indian Child Welfare Act -
30) July 5, 2006
We are a foster family and we have a 1\2 caucasian 1\2 african american child who has a little native american blood in him. We have had this child since birth and are wanting greatly to adopt him. In researching, my family has native american. As a matter of fact, it would be my great-grandparents who where native american. I have names and dates of birth and death but how do I find out if they were registered or not? No one seems to be able to help me with this matter. But this child is the love of our life and we need this info asap. please let us know if you can help us with any info.
UPDATE January 29, 2008
We have a little boy in which we have had since his birth on March 10, 2005. He came to us straight from the hospital and then his parents rights were severed in September of 2005. This child is African American and Caucasian and well then we found out he is Native American as well. The tribes from Oklahoma then became involved and just treated us horrible. They would say things to us like even though we were the only family that he had ever known that he needed to be with a family that was of the Native American descent. Who cares really. They never came and met this little boy, never attempted any assistance and only made contact when they thought they may have found a family. They held things up for so long. The lies they told were horrible and the things that they said where aweful. After finding out that he had a lot of severe behaviors and that it was going to cost them money they backed off though. They want no financial obligations to anything, just the power or you might say control over everything. You have to be strong and tell them like it is though.
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29) June 19, 2006
I am a non-Indian married to a member of the ...Indian Nation Iroquois tribe. I have been married to him for 6 years and we have 3 children together. I am in the middle of a divorce/seperation due to physical and emotional abuse of my children and myself. It was not my choice to do this as it was his.
Right now he is currently incarcerated at the ...County Jail due to DWI and disorderly conduct. My children are not enrolled in the tribe due to his non compliance. I am trying to get full custody of my children because they are not safe in his care at this time. He has never helped provide for his children and he is always drunk,high or in jail. My question to you is are they covered under the Indian Child Welfare Act of 1978(25 USC 1901-1963)? I need to know in order for my children and I to be safe. Please contact me and let me know. I am in desperate need to find out. ...Thanks so much for taking your time to help me and my children.
UPDATE November 26, 2006
Lisa, Since I have spoken to you I havent been able to come up with anything. I have yet to file for divorce because I am scared of what my husband (ex) will do as far as his rights in the nation. I need to get blood work done on my 3 children to see about how much native they are. Then depending on that I will file for divorce. I dont know where I can get that process done,so if you know please let me know. My ex and I have gone to court for obligated child support. He hasnt paid in two years usually in jail and barely holds down a job. He told me after court that he was gonna quit his job before he pays me child support. He has also threatened to take me for custody of the children. I left about 2 1/2 yrs ago and he has never had the kids more than two days at a time I am worried about my childrens welfare, is there anything I can do?
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28) June 18, 2006
I have an adopted six month old son that is part ... Indian. On June 28, ... we will go to court to decide the fate of my son. Either he will be taken from the only home he has ever known, or he will stay with our family. (He) was born on January 2006. He was brought to us straight from the hospital. The ... Nation was aware of the adoption from the very start. They showed up at the first hearing for temporary custody and had no complaints. They were given a copy of our home study and stated they just wanted to make sure things were done properly. The Nation missed the next two court dates, which included the mother’s termination of her rights and the unknown father’s rights as well.
After missing the second court date and having no correspondence with my attorney, the Nation mad a motion to remove my son from my home. As you know, the ICWA is powerful and I am scared. Is there anything we can do? I have tried unsuccessfully to establish my .. heritage. My son means the world to me and I cannot imagine our lives without him. My adopted six year old daughter adores her little brother and is also worried about him leaving. I have hired an expert witness who testified as to the attachment theory and the whole “best interest of the child” clause. Do I have any chance at all? I would appreciate any assistance you could provide me with. Thank you in advance for your assistance. I wish I would have found your site sooner!
UPDATE October 4, 2006
Thank you so very much for your thoughts and prayers. We are still waiting to hear from the Judge. I hope to hear something this week or next. We finally got the interstate compact approved ...(Our state) denied the placement until the Judge makes a ruling. I was looking for case law and any legal advice my attorney could have used. Keep praying.
UPDATE July 30, 2007
Thank you so very much for all your thoughts and prayers over the past 19 months. Please continue to keep us on your prayer list for a little longer. My attorney called today and said the Cherokee Nation has filed a request for decision. What this means is a decision in our case will be made very soon. We are still cautiously optimistic about what decision he will make. This journey has been a long one and we appreciate all the support you have given us. Please keep my entire family on your prayer list. There alot of people that will be effected by the Judges decision. Feel free to forward this prayer request to anyone of your friends that have been praying for us.
...here is a brief summary:
In January 2006, we adopted a little boy from a young mother who made the brave decision to have her baby instead of having an abortion. The mother had the baby in an Indian hospital in Oklahoma. She was unsure what tribe she was enrolled in, but knew her mother had a card. After further investigation, it was discovered she is 1/128th Cherokee. That makes my son 1/256 or .0039% Native American and 99.9961% not. In the Cherokee tribe, there is no blood quantum which means you can be one-one millionth and still be enrolled as a member. To our horror, we found out there is a Federal Law (ICWA) that prohibits non-Indians from adopting Native American children; discrimination at it's finest.
The law was passed in the 70's to perserve the Native American cultures and customs of children that were being taken off of reservations due to neglect or abuse. On the surface this law sounds like a good idea. In our case as well as many others, the law should not apply. My son is 99.9961% something other than Native American. His mother, being raised in Oklahoma, was very adamant about the Cherokee Nation NOT raising her child and the court records show this. In April of 2006, we were notified of the Cherokee Nation's intent to take us to court and remove our son from our home. We went to court in June of 2006 when my son was 6 months old. Since then, we have been in a constant state of panic and unsurity, cringing every time we go to the mail box, or the phone rings. I think it is also important to note there are over 2000 Cherokee children already in foster care. It is beyond my reasoning to figure out why they would want to take my 19 month old son out of a good home and put him into the system. If there are adoptive homes available, why are there so many Cherokee children in foster care? Why not place them in adoptive homes and give them a chance for stability?
... Thank you in advance for your prayers.
- Families across America need Your help today. Please click here now to make a tax-deductible contribution to the CAICW Legal Fund, Missionary Fund, or General Fund.
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27b.) June 9, 2006
We have lived this problem! We live in Virginia and were foster parents. A 15 month old little boy came to us. He was under nourished and had been taken from his alcoholic parents by force. It was clear that there had been much turmoil in this little boy’s life because he was very frightened of people and loud noises. He bonded well to me, foster mom, and would cry for me even when I took a shower. I quite my part time job because it seemed his need for me was greater than our families need of the extra income.
Mom was unable to stay sober and finish a treatment program. Dad was able to stay sober but struggled with schizophrenia and committed suicide. We asked to adopt our foster son. That is when we found out that he is 1/32 Muscogee Creek on mom’s side. She wanted him to go to one of her siblings. Home studies reviled alcoholism in each of those families. Birth mom never registered with her tribe, never lived on a reservation and did not introduce her Indian heritage to her other children at any time. This was a loop hole for her to exploit. There was a third cousin of our foster son’s grandfather who was in her 60’s. She lived in Colorado with her husband and adopted teenage son. They wanted our foster son who was at this time two and a half.
Thankfully the county has a psychologist interview us with our foster son and had the cousin fly in and be observed with our foster son alone on two occasions. We went to court with a VERY expensive lawyer to fight against the county and the cousin for custody of our foster son. It was very tense and difficult for all involved. The judge had never known of the ICWA. The outcome was that, by the grace of God, we were our foster son’s legal guardians. The judge was not comfortable in letting us adopt thus severing the mother’s parental rights completely. We have struggle financially after the extreme legal costs but we have a wonderful 8 year old little boy.
We have kept him in contact with his half siblings as well as the cousin in Colorado. We have also made sure we educate him regarding his Indian heritage. My guess would be that he is more in touch with his Indian heritage than any of his half siblings. We are very thankful that we had a judge who kept the child’s best interest as the focus. We are probably lucky that no one had ever dealt with the ICWA before so were not afraid of it before we began.
We had no idea that many other people were suffering because of this Act. We will keep you all in our prayers. Please keep up the good work. No one wants to take away these children’s Indian heritage but shouldn’t best interest of the child always be most important?
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27) June 8, 2006
To whom it may concern, PLEASE HELP!!!!!! Today My son and I went to the .... court to have a review hearing .... My son is the father, but because we didn't send money to help support her He is now being told that he has no rights. We have tried repeatedly to talk to these people but to no avail. We were never told of our rights and have never had any contact with this child. 15 months old and still have no idea what this child looks like. We were told that she is placed with a (tribal) family and that because we're white IT DOESN"T MATTER !!
I am pleading with anyone and everyone to help us. We are desperate and have to reappear in court on July 13, 2006 .... We are not rich by any means and hav tried to find an attorney to assist us in this matter, But all we ever get is $2500.00 just to hear our case. I am having a hard time trying to keep my son upbeat and sane. At 24 he doesn't know what to do. I am the stong one and trying to carry the load for him, but the ... Nation doesn't give much credence to Grandparents or their rights. Please write back with some advice or maybe some way to go. Do I have any legal rights as a Grandmother? Who do I contact for some help? How can I help this child get to her Father?
... We are grateful for any help we can receive. My son is so distraught right now I am really reaching to help him. My heart breaks to see my son in such pain. He is a young 24 year old and really at a loss. What avenue do I take to help him? How can I comfort his heart while the Lord heals his pain? We all have the grace of God on our side but the trials of life can really take you for a spin. The (tribe) have told us that we have to give up our rights. We have court again ... I am trying to contact a Lawyer Monday and hopefully it won't cost too much. I am debating on whether or not to send money for her support. But what guarentees do I have that the money will be used for her and her only? I have clothes and articles for her but I can't be sure that she will receive them or even wear them.
UPDATE June 21, 2006
....Hopefully the attorney I talked with yesterday will take our case. He seems real nice and he's a member of the same tribe that is trying to take my son's rights away. He even apologized to me on behalf of the tribe for all that is being done to us. He says that the tribe can't take my son's rights away because he is not a member of the tribe. Pray for us and our baby. I have hope and faith that he will assist us in every way, of course I begged him to help and told him how many lawyers we called. He once did this kind of work but not anymore. But after begging he set up an appoinment to see us. Maybe a good sign.
I will keep in touch and I would love to get your newsletter. Please keep us in your prayers and I'll send a picture when we get one. The attorney was saying that the judges aren't even real judges they were placed there by the tribe and he and his brother have been trying to change this for a long time. I would love to meet you sometime and get to know the angels that have come our way. Talk about divine intervention! The lord does work in many ways and I have faith that he will help us overcome this obstacle. Bless you all. Please keep in touch and i look forward to hearing from you soon.
UPDATE July 13, 2006
Dear Lisa, Well we had court today and it didn't go well. But our
attorney is prepared to take it to state court. I am confident that
we will succeed in that court. There were 2 case workers there that
walked out of the court after the verdict because they both knew that
it was wrong. Apparently the case worker for the baby was coerced
into testifying against us.
But the attorney had us stop by after court and reassured
us that he knows the case worker and the judge that will hear the
case in state court and he will talk to both of them. The 2 case
workers that walked out will testify in court for us. So, although it
looked grim it really is going better than I had hoped. Now the
hard work begins. I gave the attorney the case you sent me. He had
not read it and was interested in the case. So you may have helped
more than you know. I thank you.
I will try to get back to you as the case goes on. Please
pray for us as we travel this difficult road. keep in touch and take
care. May God keep you in his arms and guide your every step.
UPDATE March 8, 2007
Hello,
I know it has been awhile since I have written to you but we have been fighting to get my grandaughter. I wrote to you some time back about the .... indians trying to take my son's rights away. You sent me a case to give to my attorney. Well we went to court, they tried to take his rights away and we fought and WON!!!!! We now have (baby) and she is beautiful. Now they are trying to take her back. I am now faced with having to come up with $15,000 to $30,000. I don't know if I can come up with this kind of money and I don't know what to do! I am trying to hang tough for my son and so afraid that they will come on our private land and snatch her away. I have an attorney but he wants the money before he even tries to tackle the case. He is an excellent attorney and he is part of the ....tribe. He has been great to us and very good at his job. Please help in any way you can . I look forward to any advice you can give us on this matter. Please write back! Thank you and please say a prayer for us.
UPDATE April 14, 2007
I know it has been awhile I have written. The case is still on hold until the court of appeals gets their case files. The tribe has tried to supeana(sp) us but luckily I contacted my attorney and he started the ball rolling to prevent any removal of the baby. The tribe even contacted the county sheriff's office to issue bogus orders to remove the baby, but luck was on our side. Now we have to wait and see what happens. No word yet. ... She is a well adjusted baby and very happy with her father.
I received your packet today. Count me in for the trip to DC. I look forward to telling the world how we have been treated. No one should have to endure the pain and suffering that we have all had to contend with. May God have mercy on their souls. I really owe you a huge debt for reaching out to me and my son in our time of need. You are an angel in disguise. Please pray for us all! We really need it now.
I'll try to keep you informed and will check back more often. If you do arrange the trip to DC let me know, either by mail or email. I look forward to hearing from you and will pray for you also.
Take care and much love!! God Bless You !!!!
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26) June 7, 2006
Hello ... my husband and I are currently the custodians over 2 native American children. Recently the ... tribe ... took jurisdiction from the state of Nevada leaving us in doubt of what will happen to the children that we have had in our home for the past 18 months. We are trying to get any legal assistance to support our case for wanting to keep the children. The children, twins age 3, have been our home since Dec of 2004 and our intention for the entire time has been adoption. Their biological mother is the only parent in the picture and she is my first cousin making the twins my second cousins. I have no Native blood and neither does my husband, the twins are 1/8 ...and whatever the biological father would be if any. The twins have been removed from their birth mother since the age of 10 months first living with their maternal uncle until the burden of his sisters 5 children became a strain on his own family. After looking at numerous sites they all point to the fact that emotional harm could come to the children if removed from our home. I am requesting any assistance in obtaining legal aid weather it be a private attorney or a free legal clinci that could represent us in this matter. Any help you can offer to us would be greatly appreciated.
UPDATE June 8, 2006
...I am not having any luck in locating a lawyer not am I getting any assistance from the tribe as they have no social services director, workers or case managers. And also since the tribe that my children are enrolled in is in Calfornia I would appreciate any assistance you can offer.
UPDATE June 17, 2006
I spoke with John and like you said he was a terrific man with a list of contacts. I contacted a lawyer in California and he was going to make some calls for us and get back to us on what he found out. I have not heard anything back yet. I would very much appreciate a newsletter from you when you do your mailings. I'll keep you posted as to our progress.
UPDATE January 29, 2008
The kids are doing great and we actually WON...our adoption went through last month 10 days shy of the 3 year mark when they first came to live with us...
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25) May 20, 2006
The case of my kids is unraveling quickly and i need help. the ... tribal council of alaska is involved and i have lost two of my children to their father the third is placed with hers and he is a drug addict and extremely abusive he wanted nothing to do with this child until there was money involved for him now he is trying to place my youngest child within his home and she is not his but the tribe and oregon courts seem ready to give him custody... he is an indian of a different tribe...the father of my older two children wants to fight for place ment of the youngest with him and her brothers...the tribe says no, he is not indian he is hispanic,but the brothers are indian, and i want my children together wether they are with me or they have to be with someone else, my attourney and i are fighting a losing battle it seems and i want what is best for all 4 of theses kids .
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24) May 8, 2006
My ex-husband...is a member of the ... Band of Mission Indians... He receives a large per-capita check each month. We have two daughters together, both born while we were married. We divorced in 1990 because of his alcohol and drug addictions. The judgement was for ...$500.00 per month child support, provide medical and dental insurance, and to pay for one half of child care expenses. [He] refused to honor the judgement, and had limited contact with our two daughters, often ending in violence.
UPDATE May 10, 2006
Wow...The prayers are helping and I am receiving e-mail from people that I'm certain will be of assistance. Just to let you know, my ex-husband receives between $30,000.00 to $40,000.00 monthly per-capita payments. I'm sure most people are unaware of the income that the Tribal members receive. The ... Tribe displays a generous and giving spirit yet they ignore their own Children. Keep Praying,
UPDATE May 21, 2006
I realize this is short notice but I'm hoping you will be able to lend a hand, or at least say some prayers to guide me in the right direction. On Tuesday 5/23 ... I have a state hearing on a complaint I made against the local child support agency, and the disparity in the handling of my case. We had an active case for 41/2 years in which they were able to contact my ex-husband, and get him to pay $2500.00 on an arrears of aproximately $120,000.00. They have refused to reopen my case and made minimal effort to collect from him. They were given contacts to consult with but never made an effort to do so. They never changed the amount on the support order(not that it would have made a difference in collecting) and I feel didn't do the job that I had expected. I know I am in need of legal help with this hearing. I think the County is going to squash me. Do you have any input? Advise? Words of wisdom? Prayers or Success stories you can share?
...I just finished composing a letter... They have a bottling plant on the ... Reservation and my ex received $11,448.00 in June or July 2004. I'm sure he has received more since then. I let them know that they are condoning the practice of non payment of child support. Maybe you and your 'friends' would like to add a little something to their website. They do have a comment site you can write to, so I sent them some information I'm certain they are not aware of.
UPDATE June 19, 2006
I'm still concentrating on my issue and trying to get high official involvement. I lost the case with the state and local child support agency.(I had filed a complaint when they wouldn't reopen a case for me when I provided new information) But I did receive a letter from Washington DC. The Bounty Hunter that has been searching for him was not successful in finding him, so he will try again. I have gained a lot of information through the internet. It appears that the Tribe is not following the law when they ignore the levy on wages they have received. (all 3) I'm not sure what my next step will be. I have looked into the dead beat dad law. I would like to receive your newsletter. Maybe there is something that is being overlooked. Thanks for your support,
UPDATE August 29, 2007
Dear Governor Scwarzenegger,
I am respectfully requesting your immediate attention to a situation that is the factor in preventing custodial parents from collecting any amount of court ordered child support payments from a specific group of non custodial parents residing in California. This conflict is a direct result of the protective shield you have provided to enrolled Tribal members in our state.
We are all aware of the mistreatment and injustices that the Indigenous People of our Nation were forced to endure. All due to the orders of our ignorant and greedy forefathers for land, and the abundant resources that were so availabe at the time, the Indians paid with their homes, their honor and their lives. That is unforgivable. But, now the injustices from the past is being served upon a new generation, the children of Federally recognized Native American Tribal Members in California. The Governmental protection ensures that these DEAD BEAT DADS are not legally bound by any local, county, or state orders for the emotional or financial well being of their own children. Due to the Sovereign status of the Tribe, they are under no obligation to honor any wage garnishment, nor recognition of any State or Local enforcements or requests.
I have been proactive in attempting to collect child support from my ex-husband (an enrolled tribal member) for the past 16 years. I have utilized all of the legal resources that are available, and have spent endless hours researching my options. The California Child Support Services has no jurisdiction to collect an obligation of child support from a Tribal member. Attorneys are unable to enforce an order for child support from a Tribal member. In California, if you are a member of a Federally recognized Indian Tribe, and have the ability to pay support, you are not required to meet the financial obligation of child support, and are awarded protection by the government. How do you explain the conflict this has created for so many single parents? Sources at the State level for child support, concluded that they have never been successful in collecting orders for support from a Tribal member whose only source of income is a monthly payment from Tribal resources. (often in excess of $50,000.00)
How is this justified? Why do we have a court system that doesn't merit any results? What would happen if a Superior court Judge knew that his 'orders' will fall on deaf ears? How much longer will the maltreatment of our future generations be subject to a 'conflict in interest,' between Tribe and Government? Are you willing to provide the changes necessary in our State so our Children can have a " bright future" and "ensure that every child has the financial and emotional support to which he or she is legally entitled"? I am not looking for sympathy, I am asking for justice.
UPDATE April 5, 2007
I recently submitted a question reguarding 'legal' moves utilized by a Southern California bank employee ..., and the ability to hide assets of my ex-husband,.... (and) an enrolled tribal member that failed to pay court ordered child support, and is a customer..... His arrears now total over one half of a million.dollars. United States Currency. The question I submitted deserved a YES/NO answer. My experience with the DCSS has been this, "direct questions are diverted elsewhere" WHY? Is this perhaps an issue that the federal government department of support services should be informed of? (another YES/NO question deserving an answer) Do we have such a department, won't they be following up, once informed by your dept. in the motived of the ....Bank of Californias' procedures? Please provide answers to all four of my inquiries. Thank you very much
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23) May 5, 2006
I am a member of the.... Band of ..... My son's wife plans on divorce. We have information regarding her drug abuse and behavior outside of marriage. My son traveled to M... for employment (thinking his wife and child were coming in a month) but his wife took this opportunity to party, do drugs, empty the house, and empty all the bank accounts, etc. Since my grandson was in her care at the time she did all this,because my son had gone to M... due to employment, I guess the lawyers ... assume that she will have custody, my son will pay child support and spend tons of money trying to fly back and forth to see his son.
The problem is: When I visited with my grandson (3 yrs. old) in Oct. 2005 and again last 2 weeks of March ---- I know this little boy has been exposed to some people and situations he should never have been exposed to --- and I called Dept of Social Services ... and sent reports of sexual statements made by my little grandson but they have closed the case since the child is now in counceling and state that they find no neglect or abuse???
I also know that her father drinks and has twisted his little arm behind his back - my son saw this. The little boy says Mommy has an attitude toward me. (and I don't doubt this for a minute.) I'm also concerned because I'm a bit afraid that these people have an attitude toward my son and Native American Heritage in general. My son was a most wonderful father to his little boy and it's so sad that now he will only be able to see his son whenever he has enough money. It is also sad because my son is so concerned about the welfare of his little boy in her custody because of the drugs, boyfriends etc. I mean there is some real reason for concern but we don't know what to do about it. It seems like the doors get slammed and no one is listening only because she is a woman and lives in .... and he is a man who lives outside the State of ...! The Honest Truth is that my son would be the better parent all the way around. This little boy is being emotionally abused by his mother and there doesn't seem to be anything we can do about it.
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22) May 1, 2006
Hello, I am a prospective adoptive mom...our story began on Nov 30th when we were matched with a young woman having twins. My husband and I accepted the match which stated BMom to be Caucasian and BDad to be Caucasian. When I met the BMom she told me about the birth father describing him with brown hair and green eyes. At the time she stated she did not want him involved as he had left her. In January our BMom reported that our BDad was back and was going to participate in the adoption. When I finally met our BDad he was not as our BMom had described...he was in fact a 6'2", black haired, brown eyed man. At the time I did not question what was going on. Everything was going along smoothly when our BMom went into labor at 33 weeks. Our twins were delivered via c-section in the early afternoon on .... We were all excited and nervous as the babies were placed in NICU. Our adoption plan was still on and everything was ok. [A day later], the Department of Human Services came in and spoke with my husband and me stating that our little girl had tested positive for marijuana so protective services had been called and BMom's two older children were going to be placed in custody.
The worker assured us that the babies would not be placed due to our adoption plan. Our BMom admitted to smoking marijuana during her pregnancy. Our little boy did not test positive. Through the coarse of dealing with DHS and then dealing with a distraught BMom, it was reported that our BDad was Native American, .... Nation. Things went back and forth as one time he said he was not enrolled then he said he was. At this time there was a lot of confusion. He is in fact enrolled in the ...Nation. Our birthfather was having concerns about the adoption plan and the legal jargon. My husband and I visited with our BParents and discussed our plan that we still wanted an open adoption. Our Bfather attempted to contact ...Nation to discuss his plan for the babies, although he was not able to actually connect with anyone.
Then DHS stepped in and removed my husband and me from the visitation list...we were visiting the babies 3 to 4 times a day to feed and snuggle. We were told that ICW was going to be involved and they were taking the babies. We have been on a roller coaster ride since that time. The twins were removed from the hospital and placed in a home without our BMom's knowledge. I have spoken with the ICW worker and she was sympathetic although not really wanting to consider placement with us as my husband and I are Caucasian. Our babies will be 1 month old this Friday. We have had no contact for 2 weeks. At this time there is question as to who the father is...remember BMom listed a brown haired, green eyed, Caucasian man as the father initially. We are hopeful to have the DHS Judge order paternity testing to see who the father is...court is on Monday, May 8th. I don't know what to do in this case. It appears that our DHS worker does not like the agency we are currently using for our adoption. We would just like to be heard. I am well aware of the Indian Child Welfare Act. I work with troubled children in an inpatient setting and have worked closely with ICW professionally.
We are afraid that we will be overlooked in this case as placement because of our Nationality...our Bfather is half .... making the twins quarter. Bfather is also Irish as am I so their Irish heritage is greater in number. My husband and I are heart broken. Any advise anyone can give us on how we can be heard in this unusual case would be appreciated. Our BMom has not been honest in her adoption plan which has lead to this situation, however she wants the babies placed with us...as does the Bfather. Now we still have the question of the original Bfather...he is willing to sign his rights away as well and place with us. Also our BMom is legally married and in the state of ... the husband is listed as the father...although the tribe has not taken that into account. Our BMom has admitted that she had relations with both suspected fathers. I am at a loss as to what to do. Who do I talk to and how do we get this straightened out? Are we even able to be considered in this strange case? I thank you if you have made it this far.
My husband and I would appreciate any input in this case that would be helpful. ... This adoption plan is the final chapter for my husband and I to be parents. We thought this was God's plan and we are so scared that we will not be able to parent these children that we love so dearly. We would love to be added to your prayer list if that is possible. Thank you so much for your time.
This message had been placed on our comment board.
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21) April 19, 2006
Comment: I am a white mother of a half native child. I was never married to the father and decided to let him visit his father for a 2 week visit. I have raised my son alone in .... for the past 3 years. I thought I was doing the right thing until he said that I would never see my dear baby boy again. I tried to go to the police, I tried to go to the court but to no avail. No one wants to help me get my son back and I am in agony without him. There isn't much I can do because he is being held on the reservation. I was told that I need to fly to .... and sign over my rights if I wanted to see my son again. I am lost if anyone could help, please help get my son back he is missed dearly and I love him soooo much
To the woman who wrote the above note on our comment board: You didn't leave any contact information; We understand what you are going through. Please do NOT sign away your rights without speaking to an attorney! We are praying for you and your child.
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20) April 25, 2006
Good Morning,
I am currently involved in a custody battle over my son in the .... Tribal Court. My son is 35% Indian Blood, I have no Indian blood. My son lives with me in Texas. Jurisdiction was "retained" by the ...Tribal Court when I recently attempted to fight it.
The attorney I retained is also a criminal defender for the ... Tribal Court. I have a suspisions something is not right with my attorney, and the judge/Tribal court handling this is not on the up and up.
Do I have to abide by their rules? Did I have to even origianlly answer to the intial summons? I am lost....please help.
UPDATE May 11, 2006
My child has a total of 35% Indian Blood [only 13% from contesting tribe] not too sure on whether or not my son was/is eligible to be enrolled [in any of his three tribes of heritage]
The ICWA was not included in the final decision; the UCCJEA codified by the ....Tribal Code was the reasoning for the ...Tribal Court
"Retaining" jurisdiction.
I am a loving father in fear of losing my son. Any and all support means alot to me. Thanks for your response.
... the Tribal Court claims my son has a close connection to the Nez Perce Tribe becuase of his mother living there, and he also has cousins and uncles.
UPDATE June 20, 2006
things are good ... right now, I borrowed some $$$ (now in hugh debt), hired an attorney ..., and sued her from (my state). I appealed the Jurisidiction ruling in (their state) , which is still pending, also I now have two courts ...fighting Jursidiction pending the outcome of my appeal .... Thanks for keeping in touch. I will let you know what happens as soon I hear something. Keep us in your prayers.
UPDATE May 2, 2007
My son is still here. I contested Jurisdiction, ...Tribal court ordered they have Jurisdiction. I appealed their ruling, and while ther appeal was going on I sued the mother from Texas. Several months passed, again my son is still here. (Tribe) again claimed they were going to hold Jurisdiction. The Texas and Tribal Court are communicating whether or not to transfer Jurisdiction to Texas. It's up in the air right now...should know something soon. I'll let you know. Family here is doing great, thanks for asking :)
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19) April 20, 2006
I'm a Indian grandmother living on the reservation,i was given temporary custody of my Grandson one year ago, I have been going rounds and rounds with the ICWA workers, they are like forcing the parents to be parents, they both are on the reservation, we are a small reservation we all know each other and know what is really going on. I have reported them numerous times, but it seems no one cares about the well being of my grandson, ICWA is all about reunification, there is no thought for the child. I walked into a unity meeting, there sat all my Tribal Council members, all five members knew i had my Grandson for a year not one ever asked about him or how he is doing. They were supporting ICWA an the parents. I pray evryday for my grandson, that no harm will come to him. He was born positive with meth. I received him from the hospital, in the real world this child would of been adopted out by now. Its a shame we will never teach our Indian People responsibilty, cause we give them chance after chance. I have another meeting today, please keep me in your prayers. -----------------------------------------------
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18) April 5, 2006
Good afternoon. I am writing in desperation. I have custody of an Indian child, she has been with my husband and I for almost 2 years now. The biological mother wants reunification and is not stable. I am frightened for the well being of my daughter. My husband and I have prayed with many about this situation but we need help finding a TRUE advocate for her. Not because we want to keep her from her culture but we want to protect her from harm. We are seeking anyone in our area who may know tribal laws and what we can do. Is there anyone you can recommend? Or know of, this is my plea, please. God bless.
... Thank you for being so prompt. I am at my wits end with this situation. We are truly devoted to the Lord and can only hope that the reason all this is happening is so that we may plant that seed of curiosity to the birth mother and that she may also be saved. Thank you for you prayers. God Bless You All
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17) April 2, 2006
Comment: Two months before my nephew was born, my sister approached me about raising him as my own and after much thought I agreed. He was born on 11/28/04 and I grew to love him like my own child. I also have three teenage daughters and two step sons who are ages 6 and 7. They love him so much. On 1/23/06 my sister entered my home unannounced and uninvited and took my "son" with her back to the reservation. I found through many conversations with friends and relatives that she is using him as leverage to get an abusive husband back into her home and wanted my baby back so they can be "a real family again". This man is a registered sex offender and went so far as to remove a door and a locking doorknob from my nieces' bedrooms. One even woke with him standing over her one night. My sister has only herself in mind and not the safety of her children. This man is the alleged father of my son but he doesn't claim him and has even tossed him on the bed at two months of age calling him a little F***er and saying "this ain't my kid". I've heard that my sister leaves my boy and her two year old alone with a 11 year old while she's out partying. I petitioned the tribal court the day after my baby was taken from me and still did not get a court date for the temporary custody. So on 3/23/06 I filed an adoption petition and the court date for that is set for 4/20/06...three months after he was taken. I've lost much sleep over this and shed many tears because I miss my baby so much. The Indian Child Welfare Act is doing children more harm than good with its many tribal interpretations. The white mans way of keeping us Indians dysfunctional I suppose. I'm outraged and helpless at the same time.
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16) March 21, 2006
I am the Mother of a 7 month old child who I believe has been wrongfully removed from my custody on 03-10-06. They are going to be taking me to court to have all my rights terminated for allegations of drug/alchohal abuse. I have not been given any option to work a service plan to get my child back. They are seeking to remove soley based off of these allegations and I'm afraid because I do have a long history with this disease that I suffer from. They have no hard evidence of my child being neglected or abused because there isn't any. What can I do to protect my child?
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15) January 16, 2006 - Canadian answer
I'm not sure if you can assist me. My son's father has recently stated that he is moving to an Indian Reservation in Canada to avoid paying support that has been court ordered out of New Jersey (USA). I found your email address on a website and am hoping that you might be able to provide me with some information or a contact that might be able to help me understand how or if this is true.
CAICW forwarded the above message to a Member of Parliament. We are providing their response as information for others:
-----Original Message-----
From: Thompson, Myron - Riding 1 [mailto:ThompM1@parl.gc.ca]
Sent: Thursday, January 19, 2006 6:07 PM
Subject: Child Support
We have contacted the parliamentary library in reference to the questions you posed and have been provided with the following information. I hope this is of some assistance to you.
Linda Burrell,
Assistant to Myron Thompson, MP
At the link below, See Section II, "Enforcement of Support"
http://www.cle.bc.ca/Cle/Practice+Desk/Practice+Articles/Collection/02-app-custodysupport
The following is a lengthy article, however the issue of child support is
mentioned in Paragraph 54:
<<Prop_rights.htm>>
The web page below provides links to state child support enforcement
programs. Perhaps you constituent can contact the appropriate state for further information (I do not recall from which state you said you received the e-mail, so I am sending this instead of the individual
state's page). http://www.acf.dhhs.gov/programs/cse/extinf.htm
As I said, I cannot give a legal opinion or interpretation, but I hope the
above will be of some assistance.
Michele Alton, M.L.I.S.
Reference Librarian/Bibliothécaire de référence
Confederation Branch/Succursale Confédération
Library of Parliament/Bibliothèque du Parlement
Ottawa, Canada
K1A 0A9
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14) September 19, 2005
I am the potential identified adoptive mother of two children who were just made tribal members after they have been in the foster system for over a year. The tribe that recently took them on will not let us adopt. Our kids have been severely abused. Our daughter, who just turned four, tells me all the time that she never wants to leave us. Our son, who just turned two, doesn't know any other mother. I'm terrified and don't know where to turn for representation. I live in California can you refer me to someone? I have filed de facto parent and that should be heard soon. There is so much to this story. I would appreciate anything at all.
UPDATE September 23, 2005
....Then you know about the appellate court's decision that was just handed down on July 20th that gives California *Judges the power to terminate parental rights of Indian Children? Let me know, if not, I can send you the info. I forwarded that to CPS attorney and he is using it in court now.
*(Note: This ruling is actually good News for all Public law 280 States, including the Mandatory States (Alaska, California, Minnesota, Oregon, Nebraska and Wisconsin) and Non-Mandatory States (Washington and Idaho). This ruling gives those States jurisdiction over children who not living on the reservation.
UPDATE June 27, 2006
Lisa, We are still going through this stuff. We have the kids and they have given us guardianship but even that is not a done deal yet. Yes, please pray. I was thinking about your organization just a couple days ago. You must've heard me and my thoughts! Thanks for checking in. Blessings! PS. Are you aware of any activists/lobbyist regarding ICWA and possible changes in the law? Some things just need to be changed or defined. I am sure ICWA has its place but some parts are too vague. Like timelines.
UPDATE July 12, 2006
Our children are moving. The transition will began at the end of the month. Please continue to pray as I don't know how I am going to get through this. They will have been here 20 months. 20 months of being their mother. I want to help advocate for change. Guidance?
UPDATE October 3, 2006
Good Morning Lisa, We still have them. Twenty-two months today. There is court again today. The tribe offered guardianship and we are going to take it however, they aren't the only ones who have to agree. This is amazing to me the things that go on. Things that they want you to pretend didn't happen. Thanks for checking in. I appreciate your prayers.
UPDATE October 4, 2006
Moved to Message of Hope page!!
UPDATE April 28, 2007
Things need prayer! Court is on Tuesday and we aren't sure what we are looking at as we had to file against someone's visitation as they were being inapropriate.
UPDATE
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(13) July 22, 2005
Hello,
We were in the process of adopting a little girl, when we found out that she had Native American heritage and the Grandparents suddenly decided they wanted to have her (last February). The courts ruled that since she couldn't be registered as part of (her) tribe (Mom wasn't registered even though Grandmother was). So we thought we were free and clear, because at this point, the State social workers thinks the best thing would be for (her) to stay with us (she has been with us almost 2 years now). Out of the blue, they indicated that the LICWAC (Local Indian Child Welfare Act Committee) recommended that she be provided to her Gr
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