Little Girl Without a Voice

[saukpuppet]

I need some insight on a difficult situation. Who can help me?
My parents took in a little girl on March 28, 2004 because he parents didn't want her. The mother and father were staying in an crack house and finally went to jail for a few weeks. When the mother got released from jail, her father told her to get the little girl back because if she don't MY PARENTS will take her welfare check and bs like that. So now she told my parents that if they don't bring her back by Friday then she will press kidnapping charges. Which she can't because she willing gave her to my parents. Couldn't she be charged for abandonment?
My parents are better fit for this child. They never asked for money or anything. They showered her with love and affection and she now calls the Mommy and Daddy.
DHS wont help because she's indian and CN wont help because she's not on the role.
I know that the mother has a right to take her but doesn't the child have a say so? We are just afraid that if she goes back that something terrible will happen to her because of her mothers drug abuse.
HELP!!!

[Kakeeya]

So your parents never went through court for the little girl? Did they get her through CPS or any other agency? If they did either one, then they might have a chance due to neglect or abandonement. I got full custody of my grandbaby cuz my son is the father and we both petitioned the Tribal courts for custody. Only thing is we had support of the mothers tribe, which also encouraged us to seek custody.
If I were you, I would seek other opinions and see what else can be done. Best wishes to your family and especially for the lil girl! My prayers go out to all of you.

[Blackbear]

Get you a good lawyer and some good witnesses to how long they have been taking care of this child... if the parents spent time in jail and it was'nt the authorities that placed that child in your parents custody, that could be termed possibly as abandonment I would think....

Tell DHS to get off thier butt and help... they can too help wether she is indian or not.. cause they can still go in and take her from the parents if there were complaints so they can help now.....

[crazydazy]

Get you a good lawyer and some good witnesses to how long they have been taking care of this child... if the parents spent time in jail and it was'nt the authorities that placed that child in your parents custody, that could be termed possibly as abandonment I would think....

Tell DHS to get off thier butt and help... they can too help wether she is indian or not.. cause they can still go in and take her from the parents if there were complaints so they can help now.....

There are three interests here legally. Your parents, her parents, and her. Each needs seperate representation. The little girl's come by way of an appointment of a "Guardian ad Litem" It is this person's job to act in the best interest of the child. This is outside of the child protection services realm. From there your parents need to get a lawyer. Actually, if they do this first they might be able to get the courts to appoint a Guardian ad Litem. From there it becames all about the child's best interest. As for the abandonment issue the mother really didn't do that technically. She left her in the capable care of responsible people. Now if she was left in the park or something that would have been a different thing. It is a wonderful thing that your parents are trying to do as this little girl will likely need specialized care for many years to come and for your parents to take that on is great. A question though you said that dns would not help and ur tribe won't help cuz she is not on the role what about her community is she registered some where? Good luck to you and yours and to the little gurl in the future.

[Kakeeya]

As for the abandonment issue the mother really didn't do that technically. She left her in the capable care of responsible people.

Exactly what I was told too when I tried to bring child neglect charges on the mother. I ended up doing a custody modification and had the mother's Tribe send letters of support for me. The maternal Tribe has been wonderful throughout this whole matter and they help my granddaughter with clothes vouchers every once in a while.
Good luck to you Sauk Puppet and I hope everything works out for the best for your parents and the lil girl. She sounds really lucky to have them in her life.