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Letters from Familes hurt by ICWA

The Letters Below are Posted for the Purpose of :

• Prayer - (Identifying information has been omitted.)
• Families learning they aren't alone: Someone has a story similar to their own
• Educating Others: Illustrating how widespread and harmful these problems are

        Thank you for taking the time to read these original letters from birth parents, grandparents, foster families, and pre-adoptive families with multi-racial children negatively affected by Indian Child Welfare Act (ICWA). 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? ..

• 67. Interested Mother  May 29, 2008
• 66. Enrolled Mother  May 29, 2008
• 65. Adoption Agency question - Is this an ICWA case? March 3, 2008
• 64. Enrolled Birth Father, Feb. 22, 2008
• 63. 6-Year-Old taken by tribal court order from Non-tribal Birth Father, Jan. 23, 24, 26, Feb. 2, 13, 15, 18, 20, 22, March 14, 2008 (letter to Sen. McCain's Office)
• 62. Adoptive parents, infant, Jan. 14, Feb. 8, 2008
• 61. I created a MySpace page, Dec. 22, 2007
• 60. Grandmother, tribal member; Dec. 11, 2007,
• 59 Birth Mom asks about her rights, Oct. 23, Nov. 29, 2007, March 7, 2008
• 58. Adoption okayed, and then stopped, Oct. 14, Oct. 27, Nov. 28, 2007, Jan. 10, 2008 (Hope)
• 57. Parents concerned about their Grandchild's adoption. Sept. 29, Oct. 27, Dec. 2 Dec. 10, 2007
• 56b Enrolled Adoptive mother, might lose kids Sept. 4, Nov. 29, 2007
• 56. Enrolled mother questions ICWA jurisdiction, Aug. 19, 25, 2007
• 55. Adoptive Grandmother, Aug. 13, 2007
• 54. Adoptive Cousin, July 31, Aug. 2, 10, 2007
• 53. Cousin concerned, July 24, 2007
• 52. Military family overseas asks about pre-adoptive son, July 7, 2007
• 51. Aunt, 1/64 Cherokee, June 8, August 2, 2007
• 50. Enrollable mother wants non-tribal adoptive home, April 14, 2007
• 49. Non-tribal Aunt, concerned for step-niece, April 13, 14, 2007
• 48. Non-tribal relatives ask about their rights, March 29, April 29, Aug. 29, Nov. 29, 2007, Jan. 29, 2008 (Hope)
• 47. Two little girls, taken from their adoptive home at 10:30 pm, Feb. 9, 12, 19, 2007, March 20, 2007, PLEASE Pray! See related Grand Forks Herald Article: "Law could tear children from a ‘tribe' they love", March 29, 2007 http://www.grandforksherald.com/opinion/ ,
• 46. Adoptive family just found out the birth-mother is 1/16 , Feb. 4, 2007
• 45. Looking for Legal Help . Jan. 19, 2007
• 44. Potential Adoptive Parents , November 29, 2006
• 43. Birth Mother, Irish, "ICWA has taken my children from me..." , Nov. 13, 25, 2006, Apr. 16, 2007 PRAY for this Mom!
• 42. Father 1/4 tribal (Daughter, 1/8) - doesn't know why ICWA involved , Oct. 1, 2006
• 41. Tribal adoptive family hurt by ICWA, , "If we were treated this badly by a Tribe ...I can only imagine how they treat the average Joe" , Sept. 20, Oct. 28, Nov. 13, Dec. 13, 2006, Jan. 10, 19, April 24, May 2, Aug. 3, Oct. 2, 17, 19, 25, 26, 29, 2007, --- Kitchen table talk for OKLAHOMA families from family who has worked within ICWA!---, Nov. 15, Dec. 13, 2007, Jan 24, 25, Feb. 26, 2008
• 40. Birth Mother, Enrolled, September 18, 2006
• 39. Adoptive family lost custody re ICWA, "has not stopped crying - (Baby) has been gone for nearly two hours now ", Sept. 3, 2006, Oct. 23, 2006, April 9, Aug. 9, 2007, Please PRAY for this baby! Baby has been moved again to 2nd home in 8 months!
• 38. Birth Mom, lost custody, .... " , Aug. 30, Nov. 15, 2006
• 37. FEATHER'S STORY : "Because I'm white I have no rights to my daughter", Aug. 27, 2006, April 2, 3, 2007, Read Related Article "Tribe Takes Baby" Madras Pioneer, 5/10/ 2006, PRAY!!
• 36. FEATHER'S Grandmother, we "just don't have any more money" , Aug. 27, Nov. 14, Dec. 9, 2006, Jan. 9, 11, 25, Feb. 21, April 8, 2007
• 35. Birth Mother, enrolled, "I need him in my life", Aug. 26, 2006
• 34. Family adopting little girl who is 1/4 (tribal) "and 3/4 Caucasian" , Aug. 21, Oct. 5, Nov. 13, 2006
• 33. Birth Mother, "I love my daughter very much" , Aug. 18, 19, Oct. 7, 2006
• 32. Non-tribal Birth Mom arrested by tribe while trying to protect daughter, July 29, 2006, Feb 16, 2007, Jan. 29, 2008
• 31. Birth Father, enrolled, July 13, 2006
• 30. African Amer. adoptive mother, "this child is the love of our life" , July 5, 2006, Jan 29, 2008
• 29. Birth Mother, "I am worried about my childrens welfare " , June 19, Nov. 26, 2006
• 28. Adoptive Family, "Do we have any chance at all?" , June 18, Oct. 4, 2006, July 30th, 2007
• 27b. Foster parents wanting to adobt infant, June 9, 2006
• 27. Grandmother; "My son is so distraught right now...", June 8, June 21, July 13, 2006, March 8, April 14, 2007 - Son won custody, but Tribe is appealing to take baby from father and place in tribal home , - Please Pray for them !
• 26. Foster Family; kids have been in our home for 18 months, June 7, 8, 17 2006, Jan 29, 2008
• 25. Birth Mother, tribal " i want what is best for all 4 kids", May 20, 2006
• 24. Birth Mother, non-tribal ,Can't get child support, May 8,10, 21, June 19, Aug. 29 2006, April 5, 2007, DEAR Governor Scwarzenegger
• 23. Grandmother, tribal, May 5, 2006
• 22. Adoptive Mom, non-triba,l "We are so scared...", May 1, 2006
• 21. Mom, I need to sign over my rights if I want to see my son again , Apr 19, 2006
• 20. Birth Father, - son only 13% heritage from contesting tribe , April 25, May 11, June 20, 2006, May 2, 2007
• 19. "I'm a Indian grandmother..." , April 20, 2006
• 18. Foster parents, " I am writing in desperation...", April 5, 2006
• 17. Aunt, tribal, "ICWA is doing children more harm than good" , April 2, 2006
• 16. Birth Mom, lost custody , March 21, 2006
• 15. Birth Mother, non-tribal , Jan. 16, Jan. 19, 2006 (Canada law)
• 14. Adoptive mother of two children who were just recently made members , Sept. 19, 23, 2005, June 27, July 12, Oct. 3, 4, 2006, April 28. 2007
• 13. Pre-adoptive parents of non-enrollable child, July 22, Sept. 8, 2005, ...............................................- Moved to Message of Hope page!!
• 12. Foster Father, non-tribal, Canadian , July 19, 2005, Feb. 10, 2006 (Canada)
• 11. Legal Guardians, non-tribal , June 24, 2005
• 10. Grandmother, tribal member, wants grandchildren back , March 14, 2005
• 9. 11-year-old taken from her home, January 26, 28, 30, Feb. 3, 10, May 5, 2005
• 8. Foster Dad wanting to know definition of an Indian Child , Dec. 31, 2004
• 7. Neither child nor parents are enrolled - Why is LICWAC involved? Dec. 5, 2004
• 6. Tribal Social Services put my granddaughter back into danger.., Dec. 2, 2004
• 5. Grandparents worried about grandchildren, Aug. 27, 2004
• 4. African American Adoptive mother - July 8, 2004, Feb. 11, 14, 2005, Grandmother wrote: May 10, Oct 31, 2006, - Moved to Message of Hope page!!
• 3. Birth parents lose newborn, claim there was no grounds, June 23, July 13, 2004
• 2. Non-tribal foster parents: "...My husband and I are in the middle of a court battle for our foster son...", June 6, 2004, March 2, 2005
• 1c. Woman asking for help for abused sister-in-law, May 20, 2004
• 1b. Grandparents fought ICWA for three years to help birth parents get kids back , May 17, June 9, 2004, Sept. 12, 2006, April 23, Aug. 8, 2007, PARENTS have permanently lost custody of their BIRTH children - Please PRAY for this whole family as well as these two children! Jan. 23, 2008
• 1a. Grandmother, non-tribal, asking help for daughter. April 25, 2004
• 1. Grandmother, desperate for help for enrolled daughter, October 12, 2003

(Some of these letters were not originally posted at the time of their writing due to the illness CAICW co-founder Roland Morris, who passed on June 9, 2004)

Contact us

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67) May 29, 2008

I recently found your website and my attention was drawn to an article written about the ICWA and the Warm Springs Indian Reservation.  I cannot comment on the article, but I am interested in your program.

 

I will read more about your program and I hope to learn from you.  I am a tribal member and I have fours sons ages 18 to 6 months.  I have experience on both sides of the judicial system. 

 

My parents were from two different tribes and I believe my non-tribal member mother experienced similar issues, I cannot prove them because she is deceased.  Only recently learning how the system operates makes me believe she experienced these issues. 

 

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66) May 29, 2008  

I have the opposite problem I want to move jurisdiction to tribal court
from state court. I am native and so our my children. I've read
countless stories of children being removed from their homes and it is
sad. I feel where you are coming from. But trust me it's just as hard
for me to have my cased moved to tribal court. I feel my children and I
have a chance to remain a family in tribal court than to be racially
profiled in a state court. If you know of any laws or cases that would
justify our tribe of having jurisdiction over us please let me know.

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65) March 3 , 2008

I am an adoption counselor at a private agency.  I am working with an expectant mother who has chosen to place her baby for adoption with our agency.  She and the birth father have found a family they want to raise their son and their adoption will be open.  The birth mother is ¼ Native American and not an enrolled member and the birth father has no heritage.  The birth mother placed two other children for adoption in the past with the tribes blessing.  Now, the tribe has said they have chosen a family on the reservation to adopt this baby and they will not budge.  We thought that the child had to be an enrolled member or one of the birth parents in order for a tribe to take a child – especially in a voluntary relinquishment.  Do you have any information that would help us? Thank you

Response - Disclaimer - I'm not an attorney, and the only advise I can give the couple is to get a good attorney as soon as possible.   Too many families don't get an attorney right away, thinking this isn't a big deal, and it really is.   They need to find a GOOD attorney that knows the law well and is able to fight for the family's rights.  Encourage them not to settle with an attorney that is going to roll over for the tribe - afraid to stand up and demand that the law be followed.   Too many tribes, having more money and access to attorney's than many of the low-income families in situations such as this - can be somewhat bullying, and sometimes push for their will even if it has nothing to do with the law.

.... as I understand it, one parent to another - If the mother isn't enrolled - the tribe shouldn't be able to usurp the birth family's wishes.  Again, I'm not an attorney and am not giving legal advice. That's just what it seems it says - (1903 (4) - printed on our website) - -  http://www.caicw.org/icwalaw.html )

......get an attorney right away, try to keep in county or state court rather than tribal court, and make it clear from the start that this is NOT an ICWA case, as the mother is not enrolled.   Keep that mantra up.  This is NOT an ICWA case.  Get that nipped in the bud right away in order to get this over with quickly - with the least amount of cost.  

Further - 1911 (b) "absent objection by either parent" - It seems to me that this is saying that the tribe can transfer the case to tribal court, unless one of the parent's objects.  Again, I'm not an attorney - but I would tell the state court, if it were me, that I strongly object to any type of transfer. 

And don't forget to pray - we've see amazing answers to prayer. 

Bless you all - I pray that the best interest of the child is truly upheld, and the child is placed in the home God has prepared for it. 

UPDATE March 4, 2008

Thank you so much for your quick reply.  Your information has helped me understand the ICWA law.  We have contacted a very good attorney.  It is clear by this tribe’s own membership code that the child must be ¼ blood quantum and have a biological parent who is a member in order to be eligible.  This child is 1/8. Although I think the adoptive parents would most likely win this case, the cost of litigation (financially and emotionally) has to be seriously considered.  It is so sad that the birth parents may not get their first choice in families because of this.  The family has to be willing to endure thousands in court costs.  Thank you so much for the work that you do. Blessings,

 

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64) February 22, 2008

I am a Native American disable single father....
I have been fight for my son for over 3 years now. Welfare stated that ICWA did apply in my case in court the ....tribe has did nothing to help me or my son, the tribe stated that ICWA did not apply in my case as well WHY I am Indian and my son is Indian we are tribal members with a roll number, but yet DHS stated it don't; why is this...I have brought this up with the B.I.A in portland oregon and nothing has been done on this matter of my rights and my son's rights,were my son is in this foster home my son is being abused. I do have picture's I gave copy's to the tribe they did nothing? I have written letter's conplants on the caseworker's. I am asking for help as my tribe has done nothing and will not do anything .... tribe has done nothing to help our people nor will they do anything but for there one family's and friends and there friends and so on. I want to know what my rights are as a Native American and is there any native American attorney's that work in oregon, thank u

Response - I wish we could help you figure out what all is going on with your son.  We aren't attorney's, though, and so really don't know.  We're parents, like you, who are trying to figure out what's best for the kids God gave us.   In general, though, ICWA does give the tribe the right to decline an ICWA case.  They can look at a situation and decide that they don't want to change what the DHS is doing.    I pray that God guides you and shows you what it is that you can do to make things better and gives you comfort while you wait for answers.  And I pray that the Lord puts His hand of protection over your son. In Jesus' holy name - Amen

(1911 (b) ( printed on our website - -  http://www.caicw.org/icwalaw.html )

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63) January 23, 2008

Our family has been devistated! This happened last Thursday about 3 in the afternoon:
This is a story about a little 61/2 year old girl, my Granddaughter....  She is half Navajo Indian. I have included a picture. About 6 years ago they lived on the Navajo reservation in Arizona, her Mother was using some heavy drugs and she and my son, began fighting. Lets call her (Mother)...,  

My son didn't want his daughter around the drugs, the fight grew until (Mother) told him to get out, he wouldn't leave without his daughter, she finally told him to get out and take the kid with him.    We sent him a bus ticket and he and the 6 month old baby came to live with us.   Sounds pretty much boring so far doesn't it?  

He was legally married to (Mother) and she wanted nothing to do with him.  He couldn't get a divorce due to our wonderful Federal law that says "you cannot take an Indian child away from an Indian" the child will go to ANY Indian before it would be place with a "white" person, they don't even have to be an aunt or cousin, just Indian.  

(they) stayed here in Missouri with us and worked and took care of (granddaughter).    We could not possibly love (granddaughter) any more than we did or do.   (Mother) would call every 8 or 9 months and ask (son) for money.  She was not the least interested in how (daughter) was.  She once called when (daughter) was 4 and wanted (son) to quit his job and bring (daughter) to Arizona so she could see her for a week, then he could have her back.  This is how she thought it would work.   (my son) could not get a divorce due to the law protecting the Indians and the fear of losing (daughter).  He worked he came home he took care of (daughter), we all did.   Several years went by, 6 to be exact, (they) have moved to Dallas to live with his sister to get a better job.  (granddaughter) goes to a wonderful school, she goes to church, she has friends and family who love her very much.  

We started getting letters from a lawyer in Arizona at my house here in Missouri and I sent them on to (son), the letters said that (Mother) was trying to get (daughter) and was suing (son) for custody.   (son) got a lawyer, a group of lawyers actually that are suppose to just help Dad's get their kids.  They sent for all the papers that (Mother) had ever filed and come to find out she had been filing papers since 2003. It took over a month to get the papers from the Indian courthouse. With all sorts of excuses about people being on vacation and not able to send the papers.   She had talked to (son) on the phone several times during this time and never mentioned any of the lawyer stuff.  She did talk to him about wanting a divorce, but never said anything about (daughter).    She didn't even know (daughter).    It has been six and 1/2 years.  

(son)'s lawyers advised him to contact (Mother)'s lawyer to let them know his whereabouts, so that they could serve him with the court papers and then the lawyers could go to court for (son).   (Mother)'s lawyers got (son)'s address. Filed a injunction from the Navajo court which is Federal.   5 Police cars came to (son)'s house yesterday and told him they were there to take (daughter).  They went to day care and took (daughter).   

(Mother) was there to collect her daughter.  (daughter) was crying and screaming she didn't want to leave her Daddy.  (Mother) told her that she had been looking for her for a long time and her Daddy wouldn't tell her where she was.   (Mother) has always known where they were, she has talked to them on the phone.    She lied and told the Indian court that (son) kidnapped (daughter) when in fact she told him to "take her and get out" She lied and told the Indian court that (son) was hiding (daughter) when in fact she has had his phone number and our phone number has not changed.   Had this been a "non-Indian" court, they would have maybe given the Mother supervised visitation at least for a period of time for the child to get to know her.   The Indian court believed everything (Mother) told them and they swooped in and collected (daughter) like this family never even existed.  The sent her off with no clothes, no toys, no books, (Mother) wouldn't even take (daughter)'s coat.  

I know I may sound like just another crazy old lady, but this is just wrong as wrong can be....   For "our government" to allow this kind of treatment of a child is criminal, just criminal, we have dogs in this country that are treated better.   Now, in order to possible if ever get his daughter back, my son will have to fight this in Indian court in Arizona, he has to hire a lawyer, minimum $3000.00 just a retainer and that is ridiculous because the Indian court can just postpone and postpone and (Mother) will just never show up with the child...  

(Our son) had (daughter) for six years and never collected any government assistance, he worked and took care of his daughter.   He hired a lawyer. He followed the rules.   We loved that little girl more than any words can express.   We may never see (daughter) again.   This is just wrong as wrong can be!  

One devastated Grandmother  

Response to my response -    

Dear God someone help us please. 
 
Thank you so much just for reading my letter, I am so lost as to know what to do, where to go or who to trust.   Yesterday, I stayed home from work to get a lawyer for my son, we were told by a lawyer where I live that we would have to have an Indian Lawyer from the reservation, in order to do anything,
 
My daughter and her husband took out a loan for a $3000.00 retainer and we hired a lawyer, we faxed her all the papers that (Mother) left when they took (My Granddaughter) and she studied the papers and said that there was only a very slim chance that we would ever see (daughter) again.
 
The papers are ridiculous!!!
 
Evidently, she had been filing papers since 2003, and all the time talking to (son) on the phone at my house and him sending her money.
 
First she said that (son) kidnapped (daughter), and she didn't know where he was. When in fact, her own mother and her took (them)  to the bus.
 
Then she said that he was at my house and when she would call my house to talk to him, I would answer the phone and either lie to her or "make loud whooping noises" (like an Indian) into the phone. I have never heard of anything so crazy! I have an answering machine, if I didn't want to talk to her, Oh my goodness.
 
Now, the lawyer that we hired yesterday is saying that because my son, spent a year moving around trying to find work, (ONE YEAR OUT OF 6) that he is unstable, even though, he lived with (daughter)  in ONE PLACE with his father and I for 5 solid years. He worked, he supported his daughter, he has never had any government assistance....  
 
So, because of this year, that (son) spent trying to make a better life for he and (daughter) , the lawyer is telling us that he has a "very slim chance of EVER getting her off the reservation! He has a good job now, he is in a apprentisship program for management.
 
I really don't know how to go on, I read in the paperwork (Mother) left, that becuase she is suppose to be employed and making $7.00 an hour, that SHE is ABLE to PROVIDE for (daughter) , and  (son) must now pay $475.00 a month child support!... 
 
How, dear God HOW, can they take this child?, child who has never done anything to ANYONE and RIP her from everyone she knows and loves and throw her into this?
 
She didn't even have a change of clothes,
She doesn't have her BLANKET!
How can MY GOVERNMENT TREAT A CHILD LIKE THIS?
HOW CAN THIS BE RIGHT!

....I am just praying that you know something that I don't know, something that will help, anything,     One devastated Grandmother

 

UPDATE January 24, 2008

God Bless you, Thank you so much for caring, I am having a really bad day today, yesterday I felt like we had some hope, this morning I am right back to scared to death and wondering what must be going through (granddaughter''s) mind. I wonder if she is cold,if she has any clean clothes and if she is hungry. I wonder what they must be telling her when she says she wants to go home. I am just really having a bad day I guess.  I can't figure our where God is and why this should happen to her. I have always beilieved that God is in control, today I just don't know.

UPDATE January 26, 2008

I am at (Son's house), he found out yesterday that he has to be in Arizona for court about the "Order to Return the Child to Texas Immediately" court will be either Wed.,Thurs., or Friday. Is there anyone from the Christian Alliance in the Window Rock area that may be able to attend court with us?  I just thought it wouldn't hurt to ask, you never know unless you ask sometimes.
Thank you for being there,

UPDATE February 2, 2008

We are still waiting for a court date for the "return the child to Texas" order, our lawyer said last Thursday that the judge was looking over the papers that she had filed and would decide how important he felt the case was as to how soon we would get a court date.
 
I probably have lost my job as I came to Texas to go to court this past week with (Son) so he wouldn't have to go alone and we never got a date to go, so maybe it will be next week, who knows.  But, two weeks off work isn't good at a job I just started and didn't have my 90 days probation in yet, even though they told me to go be with my son, I doubt that they meant to stay.  
We also had to retain a lawyer here in Texas this past week to file for custody in what is considered (Granddaighter's) "home state" however the way the tribal court sees it, the reservation is her home state. The lawyer that we got here for the custody wanted to know if I could get any information about living conditions on the reservation and I thought that you may have that. Please let me know,
 
I really appreciate you being there.

UPDATE February 13, 2008

...things are not good,by any means.  The Tribal Supreme Court Judge, has been sitting on the motion to return the child for 3 weeks now, 3 weeks, (granddaughter) has been out there a month now and we have not talked to her or even know where she is for sure.  This is wrong on so many levels.  This child has done nothing to have to go through this.
 
We have talked to newspapers and tv reporters ....no one wants to get involved, Everyone just hides behind,"OH thats a child cusody issue" So they can't help.
I asked one reporter here in Texas why are there stories on the news about dogs being abused and nothing about what is happening to our children?
   
....I guess I have to go back home Friday, I have been here waiting for the court date that never happens for 3 weeks now.
 
Please please, pray that God will lead us to the money for the attorney's .  We just don't have it. It looks to me like the plan on the Indian Court side is just to sit it our until we are out of money. At this rate it wont be long....

UPDATE February 15, 2008

A six year old child was illegally removed from her Father January, 17th 2008 with the help of ... County DA's office ....
 
... police telephoned (DA)requesting advice after 2 members of the Navajo tribe showed up at the police station producing a paper from the Navajo Tribal Court giving the child's mother temporary custody. After faxing a copy to DA and DA reviewing the document, DA advised the police to turn the child over to the mother.
 
The police then traveled to the childs daycare where the six year old little girl was sent crying and screaming with 2 complete strangers to travel to Arizona to the Navajo reservation.
 
According to ....County Standing Orders regarding children, property and conduct of parties, IT IS ORDERED:

1.NO DISRUPTION OF CHILDREN  Both parties are ORDERED to refrain from doing the following acts concerning any children who are subjects of this cause.
1.1 Removing the children from the state of Texas, acting directly or in concert with others, without the written agreement of both parties or an order from this court.
1.2 Disrupting or withdrawing the children from school or daycare facility where the child is presently enrolled, without the written agreement of both parents or an order from this court. 

It is my opinion that DA took one look at the letterhead from the Tribal Court of the Navajo Nation and had no clue what to do.  She gave her legal opinion which was wrong and aided in us loosing our child.
 
Going on 4 weeks now we have had to retain 2 separate attorneys,one for the reservation one for Texas.  The child is and was a resident of Texas there for Texas had and still holds jurisdiction. We have had no contact with our child nor she with us since she was illegally taken.
 
She is six years old and torn from the only family she has ever known and loved and taken to a place not unlike a third world country.
 
What must be going through this little girl's mind?

UPDATE February 18, 2008

...We can't even get in touch with anyone who can tell us where they are.
The phone numbers (they) gave us have been shut off.  We have no court date, because the judge is just sitting on the papers. We don't know anything, our lawyer doesn't know anything, it's like we live in the "Twighlight Zone", I am 53 years old and never thought that I would live to see something like this in my lifetime.  .... nobody cares, they stole our child, she is gone as far as we can tell never to even be seen or heard from again.  People just don't seem to understand my world stopped January, 17, 2008

We can't even get (other party) served, something about the "advocate"that she has is "KNOWN" for helping people avoid being served.

As long as she can't be served, she keeps (Granddaughter), how is this right?

.... People look at me like I am making it up.   I barely have any hope left. I'm really glad that you are there and that you understand, I have no one to talk to who gets it.

UPDATE February 20, 2008

Did you get to talk to anyone yesterday?  Any new ideas this morning?  I need a reason to keep going.

UPDATE February 22, 2008

I just got a call from (Daughter) , it seems that (Attorney from Rez) called (Attorney in Texas) .....  said that the Navajo Supreme Court made a decision that is; 'The Navajo's have jurisdiction over ALL Navajo children' so she does not have to be returned to Texas....

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UPDATE March 14, 2008 - letter to Senator John McCain staffer:

Mr Currieo,
 
Please, can you tell me anything that is being done about (My Granddaughter)?  
In a couple of days it will be 8 weeks.
 
Over and OVER the Tribes have done the same thing and they continue to do this until we (non-Indians) don't have the money to fight to get our children back.
 
Our family has done nothing wrong here, yet 'WE' are the ones who have to find lawyers just to 'ATTEMPT' to ever see our child again.
 
Do you realize we had to call over 25 lawyers just to find one that would EVEN GO ON THE RESERVATION?
 
God must be shaking his head and asking himself, 'What in the world?'
 
Dear Mr. Currieo this is our baby, our child, a living breathing HUMAN BEING, not a peice of property! She has been ripped away from the only home and family that she knows. Why is this allowed to go on?
 
Please, I know there is something SOMEBODY CAN DO.
 
Please, I am begging and I have never begged for anything in my life.
 
We don't have a home we can mortgage.  We are at the END of our funds.
Are we suppose to just GIVE UP, GIVE IN?
 
THIS IS NOT RIGHT!
 
Dear God in the name of everything that is RIGHT...., PLEASE HELP US!
Help (My Granddaughter) before its TOO LATE.

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62) January 14, 2008

I will try and make a long story short. (Baby Girl) came into my home when she was nine days old (June 14, 2006).  I knew at that time she was eligible for membership of the Choctaw tribe.  As a foster parent it is my personal policy not to take a child that I would not be able to adopt if parental rights are terminated.  I believe this to be in the child's best interest, and my family's best interest. 

I contacted the tribe's child welfare worker and was told that this would not be a problem.  She told me that it is preferred to keep children in the tribe, but she did not have many tribal homes in the area and she would not push it. There was not an appropriate kinship placement at this time. 

On August 11, 2006, (Baby Girl) went for a trial re-unification with her birth mother.  I assumed our time together was over.  On October 20, 2006, (Baby Girl) returned to my home, and it did not look as if re-unification would happen.  There was still not an appropriate kinship placement. 

I had voiced my interest in adopting (Baby Girl) to the child welfare worker.  I again called Choctaw Child Welfare asking about adopting (Baby Girl).  She stated that she could not discuss it with me.  The supervisor responded that she would provide names of Indian adoptive homes, but the ultimate decision would be for the judge. 

This is the same response I got from DHS child welfare.  (Baby Girl)'s birth mother relinquished her rights in January 2007.  An out of state cousin agreed to take (Baby Girl) after that, so an ICPC was started.  Everyone kept telling me that the longer this took the better my chances of keeping (Baby Girl). I was also told that if the ICPC was approved, that did not mean an automatic approval for adoption. 

The first week of August 2007 I received my 5 day notice to have (Baby Girl) ready to move.  I immediately notified my attorney, and filed for a court hearing and stop the transfer.  The last week of August 2007, we went to court arguing for (Baby Girl)'s best interest.  I believe we proved staying in my home was in her best interest without any doubt.  Closing arguments on our behalf were not only made by my attorney, but (Baby Girl)'s attorney, and the District Attorney as well.  Unfortunately, the judge said he just could not go against ICWA.  My attorney and I went back to court because he did not address the good cause and best interest statutes in the ruling.  We went back to court and the judge stated it was in her best interest to be transferred out of state with the family because I would never be able to adopt her because I was not Indian therefore (Baby Girl) would never be able to achieve permanency. 

I do not study the law, but I do not believe ICWA is a mandate written in stone.  My daughter was taken away from the only family she had ever known, to live in a place she had never been, with people she had never met. How is that protecting her? There is policy and statue for best interest.  Why doesn't this prevail?  I apologize for getting of on a soap box.  Anyway, the order seems to be floating around somewhere out there.  It still needs to be signed and filed.  So, I still have time.  Is there anything you can do to help me?  Is there someway to get around ICWA? Do you have any advice?  Do you know anyone that can help me?

(Baby Girl) has been away for 4 months now.  I have 30 days left to file an appeal.  Her brothers, grandparents, and myself would love to have her back home.  Financially,  I can't afford to fight.   I don't know that she would even remember us now.  What would you do?

Thanks for your time!

UPDATE February 8, 2008

...she says I have a few different options.  All will take lots of time and money.  She has to meet with (attorney) and a letter will be sent explaining my options and costs and then I can make my decision. I'm just waiting for that letter.  It's been a week.

 

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61) December 22, 2007

Hello,
I have created a myspace page called: fight_icwa, and I would like your permission to add a link to your site, or a banner if you have one. ...

My interest in ICWA stems from work with the local court systems, a personal experience and having witness the devastation it has visited on some children. Thank you so much for your time, and have a very happy Christmas.

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Christian Alliance for Indian Child Welfare

PO Box 253, Hillsboro, ND 58045 - 0253

writeus@caicw.org

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