What is the process of resending a relinquishment?

Question

The Mother of the child that we are trying to adopt has decided to resend her relinquishment and can rightfully do so since he is Native American. She must however prove that she was coerced into relinquishing, which is not the case. The last day of the termination of parental rights, she decided to relinquish instead. At the last hearing she sent a handwritten note to court saying that she has changed her mind about giving him up. What is the procedure on this and can the judge make a decision either way at the next court hearing...which is in a few weeks?

Answer 1

I am AP . I honestly believe only those children deserve permanent adoption that have been.

1) willingly relinquished by their biological parents. 2)Were in physically abusive homes. 3)Or the parents were dead.

Personally i would not contest this.

Answer 2

Ah, you have ran into my enemy, the ICWA law.  Does the tribe have jurisdiction, or the local courts?  Usually, when ICWA gets involved, the whole case goes to the tribe.  I am so sorry for this.  My kids' tribe threatened to come to court "with car seats" and take all of my kids away.  Luckily, they weren't federally registered.  I wish I could be of my help, but I can only pray for your situation because it is so hard.

Edit:  All these thumbs down!  Which Native American did I offend?  Well, I really don't care.  I think it is rediculous for a tribe that has never had any involvement with a child to be able to take them away from yet ANOTHER set of parents, just to put them with tribal approved foster parents.  Thumbs down me all you want!

Answer 3

Well it sounds like she's clean and sober and thinking straight. Too bad she couldn't get this from a treatment facility instead of jail.  Almost all insurance company will not cover the thousands of dollars needed. Most will only pay for 3 days and then throw them back into the environment that contributed to the using in the first place.

I would continue to be a good foster parent and focus on helping her family stay together. It takes a village. If she wants to raise her child than foster parents and the system shouldn't prevent that unless she is a threat to her child. There are plenty of resources that will help her. Try to think of the best interest of her family and help her, not add to her problems.  

I think too many people that get into foster care today are doing it for the money or for the hope of getting a child for keeps instead of what it was originally set up for. I'm not saying this is your case but this is what many struggling families have to deal with on top of their own personal problems.

Answer 4

In my state the relinquishment can be rescinded within a period of time after the fact. I cannot remember what that is in my state, I am thinking six months but that may not be correct.

Has the Tribe always agreed with placement of this child with you?? I am assuming you are not Native American or family. There is a preference on placement when ICWA applies and ICWA always applies with Native American children if lineage can be traced through the Natural Parents whether or not the juvenile case is in Tribal courts or District courts.

If she can get the Tribe in her corner...she could make life rough. What does the child's juvenile-court appointed attorney say??  

And to your question about the judge making a ruling.....yes the judge can make a ruling. He can set it aside for a later hearing, make a ruling that day, go back and look it over and schedule another hearing.....

Answer 5

I am so sorry.

I think that you are in a very difficult position. Take the time and spend the money to speak with an adoption attorney but know that there is likely very little you can do.  

Answer 6

I'm assuming since you are running into ICWA, that you are not Native American yourself.  I know that ICWA is applied differently, to different tribes.  It really depends, but generally the tribal court judge is given a lot of discretion.  

I hope that the boy's mother is truly committed to staying clean.  

Best of luck to everyone involved.

Answer 7

If he is an enrolled tribe member, then it goes by whatever the tribes rules are for a situation like this.  First she has to prove that she has been forced or tricked, which she may or may not be able to do.  I would strongly suggest calling a lawyer in  your area and asking what, if any your options are.

Answer 8

It depends on the state, honestly. Every state has different laws.

I don't know the circumstances surrounding this, but it sounds like she wants to keep her child. If that is the case, you should let her.

I'm going through this right now and it's a horrifically painful ordeal. I filed with the courts 4 days after my surrender and got a hearing date for 3 months later. Now, 7 months later, I just got a notice for my appeal telling me when briefs and jurisdictional statements need to be in. I have 40 days for mine, then the APs and agency had 40 days for theirs and then after I have 10 days to respond. After that, then a date is set for oral argument. It is most likely going to last a long time. Unfortunately, most of these cases last 2, 3, or even 4 years. Do you think it's worth traumatizing that child, having him be in limbo for that long just so you might win?

In my case, I think it is worth it for me to fight because it would be in his best interests. I don't know you situation so I couldn't say, but I think if the mother is capable, she should be allowed to raise her child.

Answer 9

It is scary when dealing with the Indian Child Welfare Act. Have you spoke with the Social Worker? Has S/he been any help?

You may want to consider going to the Tribal Council yourself and plead your (and the child's) case? I have heard of Non-native families doing this in the past. Many times you just need to assure them that you will help preserve the child's heritage by teaching them about their ancestors.

Best of luck to you and your family.