Pre-adoptive parents of non-enrollable child

July 22, 2005

Hello,

We were in the process of adopting a little girl, when we found out that she had Native American heritage and the Grandparents suddenly decided they wanted to have her (last February).  The courts ruled that since she couldn’t be registered as part of (her) tribe (Mom wasn’t registered even though Grandmother was). So we thought we were free and clear, because at this point, the State social workers thinks the best thing would be for (her) to stay with us (she has been with us almost 2 years now).  Out of the blue, they indicated that the LICWAC (Local Indian Child Welfare Act Committee) recommended that she be provided to her Grandparents within 9 months.  Note: They have known her since the beginning and didn’t express interest until asked again in Feb.  They have only seen her once despite our offers to bring her over, etc.  Pretty sad.

Nobody seems to be able to tell us if LICWAC have the final say (I don’t think they do) or how this works or how much hope we have.  Also, we were going through a Foster-Adopt program (through New Hope – Christian organization) and we were wondering if we had any rights as Foster Adopt program.  Should we be trying to get a lawyer?

I was wondering if you could provide any guidance on this.  I realize you aren’t lawyer’s, but just wanted to get a sense of our possible rights.  Also, if you could point us in the direction of a good lawyer that would be familiar with these issues.  Note;  We attempted to contact a lawyer and they didn’t know anything.  They said they would look some things up, but they never got back to us.

…Prayers would also be appreciated! Thanks Very Much and God Bless!

UPDATE September 8, 2005

God is really amazing.  …