Washington DSHS Places 3 year Cherokee Girl With Uncle

 

“Her photos are still up on the refrigerator door.  Three-year-old “Elle” was Pete and Laura Lupo’s foster child, but she was much more than that to them.

“Every day when I walked through the door she would run to the door and squeeze my leg,” said foster father Pete Lupo.

“She would be just rough and tumble, but then she also like to have her nails painted and she liked pink,” said Laura Lupo, her foster mother.

In December, they say their dream came true. DSHS designated the Lupos to be her adoptive parents. “Elle’s” biological mother lost her parental rights. Her biological father, Scott Vaughn, who was serving time for assault with a deadly weapon, was about to lose his when the Lupos say he enrolled in the Cherokee tribe.

It sent into motion a legal nightmare for the family, ending with DSHS removing “Elle” from her home two weeks ago.

“So on June 5, they came and got her. And we haven’t heard anything on how she’s doing,” said Laura Lupo, crying.

DSHS declined to comment stating the confidentiality of child welfare records, but the Lupos’ attorney says the department cited the Indian Child Welfare Act and state law, which says “any adoptive or other permanent placement of an Indian child, preference shall be given to…extended family members” first. A Skagit county court commissioner made the decision final on Tuesday.

“We have offered to enroll her, we have offered to go to Oklahoma, we have offered to meet with tribal members. It didn’t matter, none of it mattered,” said Laura Lupo.

“Elle” was placed with an uncle and aunt who she had met twice as an infant, and had a few arranged visits with in recent months. The Lupos say the heritage that “Elle” should have been taught to honor and cherish was used to rip her from her home and her family.

With tears in his eyes, Pete Lupo remembers saying goodbye to her.

“She gave me a kiss back and she said ‘I love you, Daddy.’ And I had to walk away,” he said.

A KING 5 investigation helped lead to a new state law allowing foster children to have their own attorney to give them a voice over life changing decisions, such as where they will live. The Lupos are hoping that law will help “Elle” get what is best for her.  A Facebook page is dedicated to help bring “Elle” home.”

Foster child adoption halted over tribal ties[King 5 6/19/14 by Elisha Khan]

“A foster child’s biological uncle is speaking out after a KING 5 story aired with her foster parents, who were upset DSHS removed her from their home over her tribal bloodline.

Twenty-five-year-old Antonio Vaughan of Everett said “Elle” is now staying with him and his wife Ashlee.

“We’re going to take care of her and make sure she’s safe,” said Vaughan. He said he felt sorry for the foster parents and that somehow the situation became “our family versus their family, with a little girl in between.”

Two weeks ago, after a Skagit court commissioner’s decision, DSHS removed the 3 year old girl from her foster parents home in Lynden where she had been living for the last two years.

Pete and Laura Lupo said they were heartbroken after losing her. They said DSHS had designated them to be her adoptive parents in December and that they were about to move forward with the process when she was removed from the home on June 5. According to the Lupos and their attorney, DSHS cited the Indian Child Welfare Act and state law as the reasons for placing the girl with her blood relatives.

“Elle’s” birth mother had lost her parental rights. Her father, Scott Vaughn, is now serving time for assault with a deadly weapon. He was about to lose his parental rights in January, when his brother, Antonio stepped in to keep “Elle” in the family.

Antonio Vaughan says he had visited the toddler twice in her first year of her life, one of those times was for a week and half during the holiday season. She has also visited his home this year, through arrangements made with the Lupos.

When “Elle” went into the foster system, Vaughan says “from day one,” they had always expressed interest in caring for her, but both he and his wife were living out of state and had just graduated from college. They said they had filled out a form with DSHS in July of 2012, expressing “future interest” in taking the child into their home.

Vaughan said at that time he also informed DSHS of “Elle’s” Cherokee heritage. He stated that she was “likely 1 to 2 percent Cherokee.”

Vaughan always assumed that “Elle” would go back to her parents eventually, but when it became clear they were on the verge of losing their parental rights, he and his wife stepped in. Vaughan said he helped his brother, Scott, enroll in the Cherokee tribe and that the tribe helped the family clarify her Native American heritage with DSHS, eventually paving the way for her to stay with family instead of the Lupos.

Vaughan says he has been involved in the Cherokee tribe for years when he lived in Oklahoma and his wife is a Nooksack descendant. They feel it is very important to make sure “Elle” is immersed in the tribal culture that she is a part of.”

Foster child’s uncle: ‘We wanted her all along’[King 5 6/19/14 by Elisha Khan]

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