girl ripped from foster home

[Rageaholic]

this is a mess Her birth parents were substance abusers so she was put in foster care. Foster family wanted to adopt her, but was turned down because of this law. Because she's 1/64 indian, she's considered part of the tribe so she's living with relatives in Utah. This was after a 4 year legal battle.

I realize foster families are temporary, but ripping her from a (presumably) loving family who's willing to adopt her just seems unnecessary.

[s_stabeler]

the problem is basically that while the foster family might well be a perfectly loving family, they can't bring the kid up in the traditions of the tribe. Further, there have been cases in the past of kids being systematically taken away from Indian parents to be brought up under what you might call "normal" american traditions- stripping away the kid's heritage.

Oh, and there's also the fact that if there are relatives able to take the kid, the adoption would probably have been denied anyway. the rule is what is in the best interests of the child- and where there are relatives able to taker the kid, it is presumed those relatives would be better for the kid than non-relatives. (it's one reason why harry Potter is more realistic than you'd think in regards harry's situation with the Dursleys. Social Services aren't exactly difficult to conceal abuse from, and so it would have been seen as Harry being better off with them- after all, they're a nice, respectable, middle-class family, aren't they? How nice of the Dursleys to look after their nephew after their parents got themselves killed? (I doubt the "drunk and got themselves killed in an accident" story was made up for Marge. It usually works out sending kids to live with relatives, but abuses can occur.)

Oh, and depending on how close those relatives are: wouldn't you be cross if someone related to you died, and their kids were sent to someone you don't even know? It sounds to me like those relatives have been fighting to get the kid awarded to them since the kid got yanked from the parents- that the battle's taken so long doesn't mean the relatives should accept the kid not having been sent to live with them in the first place. I agree it's not brilliant the kid is being bounced around, but it's not the relatives's fault: the kid should really have been fostered by them in the first place.

[Gravekeeper]

Oh, and depending on how close those relatives are: wouldn't you be cross if someone related to you died, and their kids were sent to someone you don't even know? It sounds to me like those relatives have been fighting to get the kid awarded to them since the kid got yanked from the parents- that the battle's taken so long doesn't mean the relatives should accept the kid not having been sent to live with them in the first place.

The other couple are not native ( and ironically the mom of the foster family is ), are only related by marriage and only became aware of the kid's existence a year after she was placed in foster with the family that has her. At which point they decided they wanted her. They refused any compromise short of full custody. So they could have easily been a part of the kid's life but instead choose to just destroy her life instead.

I mean, the court ruled in the foster family's favour but it got overturned based on a law from 1978 on the technicality that the kid is 1.56% native? That's a pretty bullshit reason to take a kid away from her family. She's spent all of her formative years with this family. Taking her away at this point is doing emotional damage that will never heal.

I mean I'm 12.5% native. Because my great grandmother was Cherokee. So think how far back they had to trace to find 1.56% for this kid to technically be covered under this law.

[s_stabeler]

Ah. yeah, that does change things rather. (oh, and incidentally? |I worked it out. one of the kid's great-great-great-great grandparents was a member of a native tribe. I'be checked, and even the tribe requiring the least amount of native blood- the Kaw Nation- required 1/32 native blood. This kid has 1/64. As such, the law really shouldn't apply in the first place) If this was a case of relatives fighting to get a kid awarded to them that got sent to a stranger? I'd agree with the relatives. but with what you said, I fail to see why they are even trying to get the kid.

[Gravekeeper]

Ah. yeah, that does change things rather. (oh, and incidentally? |I worked it out. one of the kid's great-great-great-great grandparents was a member of a native tribe. I'be checked, and even the tribe requiring the least amount of native blood- the Kaw Nation- required 1/32 native blood. This kid has 1/64. As such, the law really shouldn't apply in the first place)

Different tribes set their own admittance rules and the law itself has no blood quantum level, it defers to individual tribe guidelines. Basically she's eligible for the tribe as long as the tribe says she is and she's related to anyone who was already a member. So if the tribe says she is or can be a member, then she is.

Edit: Okay now that I have looked even more into the case its just a total shitshow. I don't know whats going on with the foster family ( they actually seem kind of nuts ). The tribe's POV is that the girl actually has two sisters that already live in Utah, whom she knows, and who live close to the family adopting her. So they want all three sisters to be together.

It doesn't even seem like there was any out of court conflict until the big media circus when they came to take her away ( and even that the foster family only did after the police threatened them with criminal charges ). The foster family knows the adopting family. The kid knows them too as well as knows her sisters. The adopting family has been visiting the foster family once a month for 3 years and the kid is routinely in contact with them and her sisters.

So I really don't know wtf is going on now with these people. Court documents also say this is actually the second child the foster family has tried to adopt out of foster, got into a big legal fight over and then lost custody of. The foster family was told from day 1 ( repeatedly according to the state ) that she wasn't available for adoption and would eventually be given back to her father after he got out of jail or go to other relatives.

The father actually wanted her back and was going to get her back, but the fosters fought him in court for so long he couldn't deal with the legal battle anymore and requested the girl be placed with relatives. Whom the foster family then proceeded to fight instead in court.

It looks like the foster family are going to lose their foster status over this now too. They violated a number of court orders and confidentiality clauses in calling the media to their house, publicly releasing the child's name, refusing to hand her over, etc.

[s_stabeler]

well, this is apparently getting weird- but as for the tribe, I know of no tribe that accepts a blood quantum level of 1/64. There are tribes that will accept direct descent from a currently-enrolled member of the tribe- which MAY he why the tribe is involved here- but not on blood quantum alone.

But it does sound like my original instinct (kid should really be living with relatives) was actually correct. IF the kid both has close relatives already living nearby to the new family AND the new family are relatives AND the foster family were told up-front that the kid was unavailable for adoption

but yeah, hat makes it sound like it's a case- at best- of foster parents who have trouble letting go when the kids find permanent homes. Which isn't good in a foster family, even aside from the facts of the specific case. (a foster family is specifically a family that looks after a kid temporarily until permanent arrangements can be made. It's possible for them to subsequently adopt the kid, but it's important a foster family is able to emotionally let go when a kid is adopted/returned to their parents.)

[Gravekeeper]

There are tribes that will accept direct descent from a currently-enrolled member of the tribe- which MAY he why the tribe is involved here- but not on blood quantum alone

That's it exactly, her father is a tribe member. So she's a member by default so to speak.

But it does sound like my original instinct (kid should really be living with relatives) was actually correct. IF the kid both has close relatives already living nearby to the new family AND the new family are relatives AND the foster family were told up-front that the kid was unavailable for adoption

Yeah, the foster family has spun quite a media drama narrative. Intentionally I might add. Seeing as they called the media ( violating a court order ) and revealed the kid's name to the media ( also violating a court order ). To make sure cameras were rolling for the dramatic take away.

It's possible for them to subsequently adopt the kid, but it's important a foster family is able to emotionally let go when a kid is adopted/returned to their parents.)

No kidding. It sounds more like they intentionally dragged this out legally as long as possible so they could build a "well she's been with us so long so you may as well let us have her" case. They only had her to begin with because the Tribe consented to allowing them to have temporary care of her till her father got out of jail. So she was only with this foster family because the Tribe allowed it to begin with.

The father came back for her when he got out of jail and they fought him in court instead. Had they not done so, she'd have been return to her father with no problems when she was 3 or so. Instead of creating this whole traumatizing situation.

[s_stabeler]

that makes it sound like the case is both an example of exactly why the law was brought in in the first place ( native kids being put into non-native foster families with the tribe not being able to do a thing about it- the kids then being brought up as if they were not native) and some of the worst stereotypes about the foster system (kid gets taken away (in the stereotype, on a technicality) and the parents never see the kid again and can do nothing about the situation.