Check out some similar questions!

Carla78dw · Sep 27, 2011, 08:48 PM

I am Native American(Ho-Chunk).
I was taken from my mother around age 3(I am now 33).
DCF took me and my brother because of what my mothers boyfriend did to my brother.
(Beat him so bad his brain swelled up)
We were bounced around from house to house, so that none of our family could find us.
They didn't until last year.
The ICWA made the adoption of Native American children by non-native people extremely difficult by erecting significant barriers to their adoption by anyone without tribal affiliation.
Indian Child Welfare Act (ICWA) did not know we were being put up for adoption.
I love my adoptive parents very much.
I would like to know if I have a case against DCF for illegally putting me up for adoption.

http://glossary.adoption.com/indian-child-welfare-act-of-1978.html

joypulv · Sep 27, 2011, 08:59 PM

I would start with ICWA, if you can easily get in touch with them, to see if they know how good a case you have. You can sue anyone, but it helps to know what your odds are before you go to such a great expense, even if it's done pro bono, it's a lot of time for someone or ones. I have a feeling that you will find the court sympathetic but more so with DCF, who is well known to be overworked and understaffed, and who probably couldn't find you a Native American foster family. And it sounds like there is a loophole in the wording of the ICWA about making it difficult but not impossible if there is no suitable family for you. At best you might get them slapped on the wrist for not informing ICWA.

Carla78dw · Sep 27, 2011, 09:09 PM

Thank you...
There are other things about this story but I do not wish to share...

Thank you for your input... It did help.

ScottGem · Sep 28, 2011, 04:00 AM

It sounds like DCF correctly took you from your mother because she allowed a dangerous situation. Whether they overstepped their bounds by allowing your adoption without notifying the tribe is the only question.

Yes you can sue, but given that this occurred 30 years ago and since you will have to prove how you were damaged by this action, I don't see much of a chance of your getting very far with a suit.

AK lawyer · Sep 28, 2011, 07:00 AM

Originally Posted by Carla78dw

...
I would like to know if I have a case against DCF for illegally putting me up for adoption.
...

A case for money damages? No. Look at the text of the Act and you will not find any provision for damages. The idea is that if the DCF violated the act the placement and adoption can be voided. Since you are long since grown up, that would have little practical effect in your case.

AK lawyer · Sep 28, 2011, 07:15 AM

Originally Posted by joypulv

I would start with ICWA, if you can easily get in touch with them, ... At best you might get them slapped on the wrist for not informing ICWA.

The ICWA is not a "them" (i.e.: an agency); it is an act of Congress. The DCF was supposed to inform the tribe or, if it couldn't do that, the Secretary of the Interior.