Tuesday, February 19, 2008

News from the hearing this morning

The hearing went well. Things are not as final as we would like yet but they seem to be headed in the right direction.

We petitioned for de facto parent status. This allows us to be at all court hearings and to be represented by an attorney. This was granted.

We petitioned for the court to declare us prospective adoptive parents. This makes it so that Z cannot be moved from our home unless they can prove it is not in her best interests to stay. This was also granted.

We petitioned for a release of all records from the county human services agency to our attorney. This was granted.

The main purpose of the hearing which was the termination of parental rights was delayed. The agency is still checking into alleged Native American heritage from S because of the Indian Child Welfare Act (ICWA). They have sent out notification to all tribes named and some have responded but not all. This sounds a bit scary and it is true that ICWA can derail an adoption, but only if it is not done properly. It is actually good that they are making sure it is all done properly. Neither S nor her mother (who claims Native American heritage) are registered with any tribe. Likelihood of a tribe interfering in an adoption is very small, but they have to be notified or it will really screw things up.

The new hearing will be March 11. That is the same week as K's TPR hearing. So it will be a big week for sure.

S, her cousin, the cousin's husband, and Z's bio dad were all at this hearing. It was a little nerve wracking but all things considered it came out really well.

7 comments:

WatchMeLoseWeight said...

The fact that they are not registered with a tribe IS promising. I'm so happy to see it all moving forward!


Kate

Bek said...

Ditto... it is when they are registered that things get REALLY sticky...

Good luck (and I am so happy for you, things seem to be moving in the right directions..baby steps).

Kari said...

Wow! Sounds like this was a big success!! I'm super excited for you!

SalGal said...

I thought b.d. was in jail???

Ana said...

Now he's in rehab. Same program that S was in right after Z was born. The co-directors of the program accompanied him.

Holladay Family said...

Wow! I have been following your journey ever since she was taken away for that dreadful time period. God is good! It is obvious to me that she is in the best, safest, happiest family she will ever be in. I don't know why little loop holes make it so tough to just make God's will happen. The fact that she came back to you, the fact that the county is recommending you adopt her, the fact that you are all so bonded, this adoption needs to happen soon. The stress of not knowing for sure that everything will turn out right must be overwhelming. But God's will is more powerful than anything here on Earth. You will be a forever family. May the Lord watch over your growing family.

Victoria said...

So glad things went well. Prayers continue. {{hugs}}