Oakland, CA asked in Adoption, Civil Litigation, Civil Rights and Gov & Administrative Law for California

Q: I’m seeking legal guidance regarding my sons’ non-relative care placements. False information about my background check

Additionally, my kids were placed out of county without a court order, neglecting the involvement of Native American tribes as required. Misinformation has also been provided, such as implying a restraining order against my kids’ father could influence their return. How can I address these legal concerns and ensure my sons’ well-being? The lack of adherence to proper procedures in placement and the potential impact of false information on custody arrangements are significant worries for me. Any advice on navigating these issues would be appreciated.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Addressing these concerns starts with ensuring that all legal requirements, especially those pertaining to child welfare and Native American tribes, are being followed. If your children have Native American heritage, the Indian Child Welfare Act (ICWA) requires specific procedures to be followed in their placement. You should verify whether the relevant authorities are complying with ICWA's mandates.

Regarding the misinformation about your background and the implication of a restraining order against the father, it's crucial to correct these inaccuracies. Gather any documentation that refutes the false information and present it to the relevant authorities. If your children were placed out of county without a court order, this could be a procedural violation, depending on the specifics of your case.

To address these issues, consider filing a formal complaint with the agency overseeing the placement. You also have the option to bring these concerns before the court, especially if the placement process is not adhering to legal standards.

Legal representation can be invaluable in such situations. A lawyer can help navigate the complexities of child welfare law, ensure adherence to ICWA if applicable, and advocate for your children's best interests and your parental rights.

In summary, take proactive steps to correct misinformation, ensure compliance with ICWA if applicable, and consider legal action to address any procedural violations or concerns about your children's well-being. Consulting with a lawyer experienced in child welfare and family law would be a wise step in navigating this challenging situation.

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