Legal Question in Native American Law in California

I have a Daughter in a drug Treatment Program ,and she has been told that if she doesnt complete her program, than her infant daughter will be put up for Adoption. As a Native Grandparent do I have a right to take the baby?


Asked on 7/14/11, 12:44 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I wouldn't go so far as to say you'd "have a right to take the baby," but under the Indian Child Welfare Act of 1978 you'd have a very good chance if the baby (and you) qualify under the Act. The main question will probably be whether the baby is, or qualifies to be, an enrolled member of your tribe.

There is an excellent basic discussion of the ICWA in Wikipedia. Here is a link:

http://en.wikipedia.org/wiki/Indian_Child_Welfare_Act#Overview_of_ICWA

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Answered on 7/14/11, 4:40 pm


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