I'm going to post a complete update on information we've been withholding from everyone excluding a select few. It's just getting so old now and I'm tired of answering questions so I'm just going to lay it all out on the line.
These past 2 1/2 months have been wrought with many feelings, highs and lows. We celebrated 6 months with the kids on
my birthday, which was just about the only happy thing I felt that day. Six months meant we were finished with the initial required waiting period and we could then go on to finalize the adoption. Our workers took a couple of weeks before they got all the paperwork together to send in to the state and, because the kids' worker had an "in" at the state, I guess they were rushed through a bit faster than normal.
In late September, we went to a Permanency Hearing for the kids, which was just a necessary step to complete in the foster/adopt journey, more paperwork if you will. The judge looked happy to see us, though we didn't say a word, and smiled at us numerous times while looking through the photo album we had made of the kids' first 6 months with us.
This was a good step, too, because in late July, we had received notice from the kids' worker there was a bio-aunt who came forward and wanted to take the kids. Their tribe was threatening to petition for jurisdiction over the kids. And then... nothing. No follow-through. No communication. Nothing.
Then, lo and behold, we got our adoption paperwork back from the state October 13
th. On October 15
th, we bundled the kids up and rushed into town to do some notary work and then I rushed to the courthouse to file our petition for an adoption hearing!
Yay! We should be a LEGAL family of five by early November!
Woohoo!
After I filed my petition and paperwork and paid our fees, I got home to an email and phone call saying to halt everything. The tribe's
ICWA specialist called after a 3-month hiatus stating the bio-aunt still wanted the kids. I broke. After the initial news in July, I broke down but only for the rest of the day. It had been during the same week as Uncle M's death and funeral and emotions were already running at maximum so I felt more tears were warranted. I recovered and dealt with it fine after that, though. But this time... after we'd made it through all those extra hoops, I really broke.
I finally confided in a few friends about our situation because there was obviously something wrong with me and I wasn't holding it together very well. You know what I heard? Not from everyone but from just a few? Yep... those same ol' cliches... "What's meant to be will be." "God won't give us more than we can handle." "You knew there might have been this risk." "All the bumps in the road will be worth it in the end."
"Excuse me?" I wanted to shout!! "Are you at risk of losing all your children?! NO? Then shut up!" But did I do that? No, because I think I tend to be a very nice people-pleasing person so I just nodded and smiled a little, said thanks for keeping us in your prayers. And honestly, we all view life's situations from different perspectives and I've really been trying to keep that in mind. But I'll be honest in saying that 5 years of journeying through infertility and now through this mess has really made the very open book type person I was start to clam up something fierce. The word "fine" has entered my daily vocabulary. Anyway...
We were told the state attorney was going to file for a status hearing and present the latest information to the judge so we could proceed with the adoption without looking like we were hiding information. Okay, that makes sense. Then...
Apparently the tribe's attorney hadn't been privy to any of the information and only knew there was a bio-relative who wanted the kids and they thought that would be in the best interest of the kids. The tribe's
ICWA specialist hadn't shared any info with the tribal attorney about the bio-aunt coming forward FOUR different times in the more than 2 years since the kids were removed from their
birthparents... and never following through with the necessary steps to actually show she was serious about taking them. The
ICWA specialist didn't even remember approving us an
ICWA placement due to my tribal heritage and hadn't given any of the communications to the bio-aunt that we sent with that specific purpose. The tribal attorney had been lacking information and they were then presented with all of it with an invitation to appear at the status hearing (which we still hadn't received a date for yet) to state their desire to petition for jurisdiction or, since having received the complete history, not petition at all, which is what we were hoping for.
Ten days after the tribal attorney received all the information and we still hadn't received any notice about anything, I called the kids' worker again and she told me the state attorney had, in fact, NOT filed for a status hearing as she decided to wait and see what the tribal attorney would do. We weren't aware of that; neither was our kids' worker. Now that the tribal attorney has had time to make decisions or movement of any kind and hadn't done anything, the state attorney apparently decided they were just going to move forward with actually requesting a status hearing... I waited all last week for a date. Come today and we find out the state attorney had done NOTHING they said they were going to do and is supposedly going to file for it this week.
Who the heck knows? I've now been given the regional administrator's name and number and I phoned him this afternoon. We'll see if he can light a fire under the attorney's butt. Seriously, how hard can it be to file for a status hearing? (And yes, after saying that, I realize I don't work in the judicial system and I thank God for that... I'd go more insane than I do working in healthcare! I also thank God for all the work this attorney IS doing for us.)
So it's 9 months later and 3 months past where we needed to be to finalize everything and we're not any closer to being legal than we were before we brought them home. There is still a chance it can happen before the end of the year... I'm now hoping in time for Christmas when it
should've been before Halloween.
Our legal systems (both federal and tribal) are definitely not set up with the kids' best interests at heart... which we knew beforehand... but now that we're living it, we're even more livid at the injustice of it all. As it's National Adoption Month and
everyone's making pleas on the plight of children, please remember all the kids out there waiting still who haven't even been placed, much less adopted. Adoption isn't for everyone, I do know that, but it's something everyone should support in one way or another. Every child deserves a family who will love them unconditionally and give them a safe place to grow up.
UPDATE: I wrote this Monday night (11/15) after the news that the attorney had still not filed for the status hearing. I just got an email that she finally filed. Now we just wait for the date. And then, hopefully soon, we can file our own motion for the adoption hearing! And yes, I know how everyone's plates are full and we're not the only situation our state attorney has to deal with. I'm really trying to remember that. The thing that made us mad is that we were continually told she was going to be moving forward when she did nothing of the kind... until yesterday.