[Takoda]

Here is my story and maybe someone can offer a suggestion.
We adopted 2 children ages 4 and 6, they were our foster children, mom and dads rights were terminated. They were 2 and 4 when they moved into our home. The adoption has been final for almost a year. This adoption was in a Tribal court as they are Tribal children and so are we. Now after all this time we find out the BIO mom has had an appeal pending (we have been waiting the past month to hear what will happen with this appeal) to over turn her termination. This would mean (from what we understand) that mom could start service again to get the children back. This woman has lost 4 children and is hiding in another state with a 5th child. We just don't understand how this can be legal. We were never informed that this was a legal risk adoption. Needless to say we are worried. Does anyone know anything about the Tribal Child Welfare Act?? How can this be legal? We can't even find anything out about the appeal. We were told by the Tribal Court it was a "close hearing"!!! These are LEGALLY MY CHILDREN!!! HOW CAN IT BE CLOSED??? I just don't get it. I can't imagine the damage this could do to my children. Any suggestions would be helpful.
Thank You

[ranoutofnames]

My goodness... this is one of my fears and the fears of others I'm sure.

I don't know anything about Tribal Court so I can't offer any advice. I'll keep all of you in my prayers and hope you will come back and let us know what is occuring.

[dstoeck]

What a scary place you are in right now. My first thought is that the bio mom simply submitted an appeal to reinvoke her rights, it doesn't mean that she will get them.

I would call a lawyer right away to secure your children's rights.

[princessraerae]

We are going through the same thing with our two children. My husband is a Tribal member here and our children are Native American. We fostered them for six months then started the adoption proceedings. Both parental rights were already terminated. We adopted them a year and a half ago. Six months after the adoption was finalized, the bio mom said she wanted the kids back. They are two of six of her children. She doesn't have custody of any of them. She was in prison when she terminated her parental rights. She is saying that her lawyer gave her bad advice and didn't understand what she was doing. The first thing we did was get an attorney. I think that should be your first step also. We found one that knows tribal law. (he's not Native American). We've read up on the ICWA and you should too. If you are Indian, and the kids are too, ICWA law was upheld. ICWA states that preference (before termination) will be to 1. Bio parents, 2. Bio immediate family (grandparents and aunts/uncles), 3. Other Tribal members. We are going through the same thing here. I know it is soooooo frustrating. Definately seek an attorney NOW. Just tell them what is going on and he/she will be able to help you. Your court session SHOULD NOT be closed to you as it pertains to YOUR children and an atty. can help you. Good luck. Let me know how it goes and if you need to vent, I am here.