Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2017
    Posts
    1

    Default Staying With Siblings vs. In-Family Adoption of a Shawnee Indian Child in Foster Care

    My question involves a child custody case from the State of: Oklahoma

    My niece, age 3, is half Native-American and half African-American. She was born to the Shawnee tribe and has three other siblings

    The mother (Shawnee) and father (my brother, African-American) will have their rights terminated soon because of their unlawful practices. My mom, a hard working God fearing woman, volunteered to take my niece over a year ago. Since expressing her willingness, DHS has dodged her and refuses cooperate.

    My mother rents a two-bedroom house and has more than enough to support my niece and herself, so she was absolutely puzzled as to why a blood relative was being treated by DHS this way.

    Today she met with DHS, the two parents, and a foster home couple and their attorney. This couple who has my niece, the three other children, plus four other foster children. The couple claims they want to adopt all four children. DHS says since my mother only wants to take my niece that she is disqualified because of Shawnee law. According to DHS, Shawnee law states that all children should remain together if able. The caseworker never gave my mother the opportunity, and now she might lose my niece to this couple.

    My mother does not have the money for a lawyer for a retainer… is there any hope? Does my mother have any options left?

    -From a concerned heart-broken auntie

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Staying With Siblings vs. In-Family Adoption of a Shawnee Indian Child in Foster

    If we're speaking of Shawnee law, we would have to look up the laws of the specific Shawnee nation for which the children are members -- the Absentee-Shawnee Tribe, the Eastern Shawnee Tribe, or the Shawnee Tribe (Loyal Shawnee).

    That said, I would not be surprised if they have such a rule, as the higher standard for termination of parental rights for Native children, and the deference to tribal law on this type of issue, arises from a period of time during which the courts were far too quick to remove children from Native homes and have them raised by non-Native families.

    It would be sensible for your mother to consult an attorney of her own, to see what help the attorney believes he or she could offer.

    1. Sponsored Links
       

Similar Threads

  1. Foster Care: Adoption from Foster Care
    By SiennaCrane in forum Abuse and Neglect
    Replies: 1
    Last Post: 02-10-2016, 05:54 AM
  2. Adoption of Children: Eligibility for Subsidies for Adoption from Foster Care
    By Sabres in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 07-06-2015, 08:05 AM
  3. Foster Care: Can an Older Sibling Get Custody of Siblings Already in Foster Care
    By spellmans in forum Abuse and Neglect
    Replies: 5
    Last Post: 02-13-2015, 09:49 PM
  4. Adoption of Children: Can You Revoke the Adoption of a Child, Adopted from Foster Care
    By bluebird30 in forum Adoption Law and Surrogacy
    Replies: 8
    Last Post: 04-26-2014, 02:08 PM
  5. Foster Care: Family Visits While Child Is In Foster Care
    By katsclown in forum Abuse and Neglect
    Replies: 3
    Last Post: 05-27-2008, 12:36 PM
 
 
Sponsored Links

Legal Help, Information and Resources