[ljprevo]

Here is our story.

January 2003, my wife and I welcomed into our home a 1 (one) day old baby boy as our foster child.

We were told that the baby was given up at the hospital and we would have him for 3 month because he would be placed in the agency's adoption program, which my wife and I are not at the "top of the list"

Reason: Mother had three months to reclaim the child legally.

We agreed to them terms and understood the consequences.

9 months later we still have this baby. No medical card, we are not getting paid the standard rate, etc, etc, etc.

Michigan state law says "If a foster child has been in your home for a year or more you are considered the child's physiological parent and if the parents right have been terminated you have the 1st right to adopt the child"

We are getting close to that 1 year statue.

The agency NEVER communicates with us and we always seem to get the run around. We figured, we are not calling them no more they can call us.

Well my wife went to a class today and talked with the baby's case work and ask short of "What the hell is going on with this baby's case" Well not quite like that, but she felt that way.

The case work said that the baby can't be adopted because he is indian and he goes to the tribe.

Can some please shed something on this for us please.

Trust me, we find that the agency is lying to us we will sue them. Funny thing is my mother was with my wife and heard what the caseworker told my wife.

[Decision]

Your child is from India? Most times Social workers try to fit the child into their own ethnic backgrounds were ever possible.
Hugs
Melissa

[ljprevo]

No the child is not from india.

He is a white Caucasian baby boy, born in the US.

They say he has Indian (as in American Indians i.e. Cherokee Indian)

Want to see a picture?

http://amazingtechs.com/uploads/alex.gif

Can't get any whiter than that!

[cj416]

OK, here's is how it works:
The tribe has jurisdiction of native american children.
The tribe tries to find a placement for that child within that tribe, if placement can not be found, they then try to find placement within another tribe, if one still can not be found then they will look for a non-native american family.
It is all part if the Indian Child Welfare Act. It is a law.
My husband is Cherokee, so we are adopting through the tribe, so that is how I know.

[ljprevo]

That is the point, the child is not even in a tribe.

This is in the best interest of the child how?

Looks like we will be getting a lawyer on this one.

[cj416]

Well if bio mom or dad are tribe members, that child is a tribe member card or not.

As for looking white, my dh is as white as they get. He has blond hair and blue eyes. I thought he was pulling my leg when he said he was an indian.

[ljprevo]

Mom and dad are not tribe members either

[ljprevo]

Originally posted by cj416
Well if bio mom or dad are tribe members, that child is a tribe member card or not.

As for looking white, my dh is as white as they get. He has blond hair and blue eyes. I thought he was pulling my leg when he said he was an indian.

That is where this racial stuff is ridiculous.

So a indian man and a white mommy have a baby what nation has rights to the child?

Little biased to me.

What if daddy was half indian, the indian nation still has sole rights?

[cj416]

Even if daddy is 1/32 indian and is enrolled in the tribe.
That is what matters is if they are enrolled in the tribe. I know it's frustrating, but indians were losing members to "white" adoptions, so they had to protect their tribes. It is good and bad. I see both sides since I am a part of both sides.

[Michellemomof5]

I think that you should contact a lawyer. We have adopted two native children that were not enrolled in the tribe. The birth father of one of our kids was enrolled. In some tribes just because your parent is enrolled does not mean that you qualify to enroll.

The last post is accurate about the reason why the tribe wants the children back with the tribe. Too many native adopted adults went back to the tribe and spoke up about being "let go" by the tribe.

Our social worker contacted the tribe, and requested information if they were enrolled. We got a letter back saying no they were not and the tribe had nothing to say about the adoption. It is a tough deal, but fight and get all the facts.

I wish you luck!!

[ljprevo]

So just the birthparent(s) need to be enrolled. Not a Grandparent or such?

If the birthparents are not enrolled then then child should not be correct?

[cj416]

No,no.
The Cherokee tribe recognizes EVERY quantum of Cherokee blood. Whether 1/2 or 1/100.
Sorry I know this is not good news, but that is just the way Cherokees work. They just don't want and native american child to miss out on their birth right to the tribe.

[ljprevo]

Well my wife has Cherokee ancestry, so we will being the digging.

Trust me, I am not upset with any of you, but the 18th century way of living is over.

This is the 21st century for crying out loud.

Guess if the child is taken I will be sending a bill to the tribe for the childs care, cause all we get is $8 a day for him.

[BabsCanada]

Sorry, I will be of no assistance with the legalities.

I am in Canada and adopted thru Govt Social Services. We were told from the get go to ignore (on that horrible list of what you will and won't accept) anything referring to native or Metis children, because they just weren't available, that native babies only went to native homes. Imagine our surprise when we were chosen to adopt our daughter, whose birthmom is Cree.

We believe the father is white, a non-relationship with the birthmom, wanted her to abort. He had no say in the adoption obviously.

We just assumed then that birthmom was not a 'treaty' Indian, but as it turns out, she is. Her band has funded her education. All of her siblings are still on the reserve.

We signed papers at the adoption that we agreed that our daughter was not entitled to any assistance (educational) from the band until she was 18. Meaning that, whatever programs exist when she is 18, she'll be entitled to apply for.

Not sure how our adoption circumvented what has become the rule for native children.

Interestingly, our birthmom was recently contacted and asked to assume 'permanent guardianship' of her sister's two young sons, as she had permanently lost custody, neglect/abuse. Birthmom took the boys in and immediately was engulfed in problems, largely behavioural issues with the oldest boy (only 4 years old, has FAS), but also a lack of support from the native social worker. The band's social services then took the boys from her, sent them back to the reserve to a home approved for 30-day custody, and told her they would look for an adoptive home in a non-native community. Still shaking my head over that one.

I don't know what the answer is. I understand the native's fear of losing their children. But we are a nation of many cultures, and I don't think the culture has to be lost.

For your situation - if the law reads that once you've had the child for a year, you get first rights to adopt, then I would sit tight and let that calendar flip by.

I hope it all works out for you.

Babs

[cj416]

If she has Cherokee in her background, you better get with it and get her a card then you can get the child no prob.
Go to www.cherokee.org you can see how to go about getting her enrolled.