Native American Child Adopted, Disrupted to Foster Care, and Now May Be Reunited with Mother

A Mille Lacs Band of Ojibwe mother voluntarily terminated her rights to her son, now 12, in 2006. She had a history of substance abuse. His adoptive parents adopted him in 2008 and one year later “sought out-of-home placement because she could no longer care for him due to his behavior. The boy was then placed in foster care with a Native American adult who is not a member of the boy’s tribe. The adoptive parent terminated her rights and the boy seemed to thrive in foster care.”

Under the Indian Child Welfare Act, the biological mother ” was allowed to then petition for custody. Citing the mother’s history and pending criminal charges, an Aitkin County judge denied her request, reasoning that returning the boy to his mother was not in his best interests.

The Appeals Court disagreed, saying the district judge did not take into account any current evidence that may affect the decision. Additionally, a judge may only rule against the parent after expert testimony that “the child is likely to face serious emotional or physical damage if reunited with the parent,” according to the act.”

“The case will now return to Aitkin County.”

Ojibwe mother may seek custody of son
[Star Tribune 2/21/12]

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