Foster Parents Attempt to Terminate Parental Rights to Adopt Half-Navajo Child in Colorado

In April, we shared the story of a child of the Cherokee Nation and the struggle with Utah courts here. Now, there is a new case in Colorado that involves the Navajo Nation and a half-Navajo child who is currently residing in foster care in Alamosa County.

On Thursday, October 20, 2011, District Judge Pattie Swift heard arguments from four lawyers about jurisdiction.

“Merida Zerbi, Monte Vista, lawyer for the child’s mother, argued the documents provided by the Department of Human Services (DHS) to the Navajo Nation did not include all the required information. She said requirements are clearly documented, and there was no excuse for providing only partial information to the Tribe so a decision could be made by them on whether to intervene in the case or not.

“My client feels deceived in the ‘good faith’ effort.”

Jason Kelly, Alamosa County attorney, representing the DHS, argued for the case to remain in District Court.

DHS removed the child from the mother’s custody at birth because the mother allegedly tested positive for drugs. The baby, still less than a year old, was placed with the foster family who is now trying to adopt the child.

Kelly claims the Navajo Nation was notified of the adoption proceedings and has waited too long to intervene.

“We gave the tribe meaningful opportunity to intervene,” Kelly said. “They chose not to intervene.”

He said the initial notice did not go out by certified mail, but that the tribe did have notice.

Raymond Miller, Alamosa, representing the father of the child, also questioned the motives of the DHS in their handling of the case.

The child’s father and grandparents are members of the Navajo Nation, and would like to have custody of the baby, who is eligible to become a member of the Nation.

The grandmother took the stand and told how she had many times driven over four hours each way from New Mexico to see her grandchild for two hours. She said DHS caseworkers in Alamosa never told her they did not plan to put the child in her care.

Miller also questioned the “good faith” effort of the DHS.

He argued the jurisdiction should be moved to the Navajo Nation Tribal Courts, citing legal precedence and the 1978 Indian Child Welfare Act (ICWA).

ICWA is a federal law that gives Native American Indian Nations and Tribes control of adoption of tribal members, potential tribal members and children of tribal members. ICWA can also play a role in voluntary and involuntary parental right termination and placement.

Miller petitioned the court to transfer the jurisdiction.

Anna Ulrich, South Fork, Guardian ad Litem appointed by the court to represent the child’s interest, asked Swift to keep the case in the Alamosa District Court.

“My opinion is that notice was adequate even if it did not follow all requirements,” Ulrich said. “This is a case where the proceedings are in an advanced stage. This is the proper forum.”

Judge Swift said she would have a written opinion Monday morning, October 24, 2011.
Navajo adoption raises questions
[Alamosa News 10/21/11 by Julia Wilson]

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