The Kansas Supreme Court upheld the rights of Native Americans in a case decided last week.  The trial court in Johnson County, Kansas terminated the rights of indigenous parents in a Child in Need of Care (CINC) case.  The parents and their child had Native American heritage.

The Kansas Supreme Court overturned the termination.  The Johnson County court failed to apply the extra requirements of the Indian Child Welfare Act (ICWA).  The social worker did not meet the requirements for an expert in cases involving Native Americans.

This case demonstrates the importance of compliance with the Indian Child Welfare Act in cases involving children with Native American heritage.

Last Friday I rescued a child from foster care.  The child left the state with his grandparents.

The child’s mother was drunk when she tried to pick him up from his daycare.  The daycare refused to let her leave with her child.  Instead, they called the police.  The police arrested the mother and put the child into police protective custody.

Fortunately, I already had met the grandparents when they were visiting from their home on the West Coast.  As soon as we learned the child was lost to foster care, we started working furiously on a voluntary guardianship.  We had to act fast, before the state sought temporary custody.

I have to credit the prosecutor and the SRS social worker for working openly with me and trusting this family.  They agreed to release the child if I could obtain guardianship orders in less than a day.  I faced a stressful, rushed day, trying to obtain signatures from the mother in Kansas City, the grandmother on the West Coast and the grandfather on a business trip in Chicago.  I found a judge on Friday afternoon to sign temporary orders, and then delivered the orders to the prosecutor and the SRS all before 5 pm.

With a lot of hard work and cooperation from all participants, the plan worked.  By Friday evening, the grandfather picked up the child from foster care.  By Saturday morning, he left with his grandchild to return home.

The child was spared months in foster care.  He can live with his grandparents instead.  His mother now has the opportunity to work on her own rehabilitation while knowing that her child is safe and well cared for.   The state saved scarce resources to use for other children who really need foster care.  Everyone wins.

The international operator asked if I would accept a collect call from Carmen from Mexico.  “Si,” I answered.

Carmen had been my client four years ago.  She lost her teenage daughter to foster care.  Carmen completed her six month reintegration in only four months.  To recover her daughter, she needed only to complete family therapy, which the state never provided.

We argued for months for the state to allow the family therapy to commence.  Finally, the state relented.  Carmen had only one session with her daughter, though.  Before the next session, someone called immigration enforcement and had Carmen deported back to Mexico.

That was years ago.  Now, Carmen was telling me that her daughter had run away.  Her daughter had been living with a Kansas foster family for the past year and a half.  She had been calling Carmen every Sunday until last week.  Now she couldn’t be found.

I told Carmen that I would investigate.  I called the foster family.  They were generous people who had given Carmen’s daughter every opportunity.  Her daughter had graduated from high school with top grades.  She was scheduled for a promotion at work.  She had plans to become an American citizen and study engineering at college.

But then she met a boyfriend, a “novio.”  Her novio had been in and out of jail, had been deported and returned.  We suspect that her daughter might be running with her novio.  I am worried that as a seventeen year old Mexican girl, she could be trafficked to the sex or drug industries.

I exchanged contact information with the foster family.  I also called the foster care case manager.  Perhaps I can help by relaying any information I receive from Carmen in Mexico.  Her daughter might be headed that direction.  The foster family also promised to keep me informed so I can tell Carmen.  If I hear any news, good or bad, I’ll let you know on this blog.

Nebraska remains the only state to allow parents legally to abandon teens at hospitals.  The number of abandoned children has almost tripled to about a three a week as Nebraska legislators rush to change the law.

All states permit parents to leave newborns at safe places.  These “safe haven” or “Baby Moses” laws prevent parents from abandoning their babies in dumpsters or doorsteps.

When Nebraska passed its safe haven law last July, legislators could not agree on an age limit for abandoned children.  So they passed a law that applied to “children” of any age.

Since then, more than half of the 31 children legally abandoned have been teenagers.  On Thursday, authorities searched for a 14 year old boy and a 17 year old girl who ran from an Omaha hospital where they had been abandoned by their mother.

A deeper question would address the social and economic pressures that lead parents to abandon their children in the first place.

Kansas permits babies legally to be relinquished up to 45 days after birth.  Missouri allows safe haven up to one year.  Restrictions apply, including who may abandon, where the children may be left, and other conditions.

How can you protect your grandchild if the parents are missing, abusive or inadequate?

Recently I filed two petitions for private children in need of care.  In both cases, the parents were missing or neglectful.  I represent the grandparents.

“Child in Need of Care” is the term Kansas uses for foster children.  Normally, the state files those petitions.  That is how children are placed in foster care.

In Kansas, though, any person may file a petition.  The two that I filed recently were both on behalf of grandparents.  That way, instead of placing the child in foster care, the child can be put in the custody of the grandparents.

There are other ways to protect your grandchildren, such as guardianship and grandparents’ visits.  The tool which will best save your grandchildren depends on your unique circumstances.  Use the resource box on the right if you want to contact me about a child who needs protection.

Last year I posted a poem from a foster child.  I have been worried about her for months.  She ran away in July.  She used to call me while she was on the run.  This time she didn’t…

…until Thursday night.  I was driving with my family to a Kansas University women’s volleyball game.  She called me out of the blue.  I was thrilled to hear that she was still alive!

Yesterday I visited her for several hours in a Mental Health facility.  She was detoxing from multiple drugs– both street drugs and abusive amounts of prescription drugs.  She said that she had not slept in a week.  I believe her, because she kept dozing off for a few seconds at a time while we met.

She said that she doesn’t want to stay in the “system” anymore.  She has been a foster child nearly her entire life.  I told her that she can’t live on the streets anymore.  She is a cute, young girl.  There are people who want to make lots of money using her.  I told her to avoid them, and to stay with people who consider her priceless instead.

I will work in the coming weeks to get her transferred to a place that is safe and appropriate for her.  She enjoys the outdoors; so, I might advocate for her to be placed in a wilderness rehabilitation program.  I’ll let you know on this blog what we find for her.

She would appreciate your comments in her support.  Any encouragement you give her could help to keep her alive.  If you post your comment to this blog, I’ll make sure she sees it.  Thank you!