[Rocking Mama]

We have a 6 mo old fd who is part-Native American. She has been with us for 2 mos. and we were told from the beginning that the tribe was being notified about her being in foster care and that whe would probably be moved out of state to a foster home on a reservation.
Well, last week, the tribe was granted (in absentia) jurisdiction (they had sent a letter of legal intent).
There has since been a snag in their plan (they planned to take custody and give the child back to the birthfamily) because DHS cannot let this child return right now and would immediately take the child again. This new info stymied the tribal spokesperson who did not have another plan and the tribe basically said, "We'll let you know what we decide to do with this child."
So...........
the tribe in another state has jurisdiction, but the child remains in our DHS foster home!!! And DHS says they are waiting on the tribe to decide what they want to do.
In the meantime, are we in a safe spot--what with us being a DHS foster home having a child who is no longer in DHS jurisdiction? My husband wants to serve notice on the child because he feels the dept will not have our backs if the bio family continues to be difficult--they have levelled false allegations at us since this child was placed here. What should we do???

[HappyMomAnna]

I don't think that you will be at great risk for anything horrible (there is always an exception to that rule) but from what I can tell....DHS does have custody until the tribe is able to make an arrangement....DHS still has the right to protect children even those who are in a tribe--so until the tribe has a plan I think DHS would be in charge. But I don't think it is the same kind of thing as juristiction.... DHS is responsible for the welfare of the children--and can come into the tribe and make things happen too.... The tribal laws are about making sure that the Tribe does not lose the indian child to an adoption.....they have rights to keep the children within the tribe--but they have to answer to DHS about how they are going to do that if the child is in DHS care....The tribe only has so long to make a plan....Odds are that is what they are trying to figure out.... But the plan still has to be acceptable to DHS.
Also--DHS is not usually going to move a child FROM thier care (control) to another state without the paperwork and details being done.... I think that you are fine.

As for false allegations--that can happen in any of these cases...Your best bet is to just keep LOGS...feeding, sleep, diaper changes, bumps, tummy pain..... report anything that is even slightly a concern to your worker. False allegations happen all the time with these cases...DHS should be backing you up....

If you are still too overwhelmed with this then go ahead and ask that DHS move the child....but DHS usually is not bery happy about that....