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Adoption is the official transfer through the court system
of all of the parental rights that a biological parent has to
a child to an adoptive parent. An adoptive parent(s) take(s)
on the responsibility for the care, nurturing, physical and emotional health, and financial support of the child. My
role in adoption situations is to review the case to ensure
all adoption laws have been followed, prepare legal documents, and to represent the adoptive parents at
the adoption court hearing. In cases where someone else
is trying to adopt the same child my clients want to adopt,
I aggressively but fairly advocate for the rights of my clients to adopt in a “contested adoption.”
Court ordered foster care is provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Once children are placed into foster care, the parents usually have between six months to one year to address the problems that led to the placement. My role in foster care cases is to advocate for foster parents, relative or nonrelative, in “permanency” proceedings to determine whether and where the
children should be placed on a permanent basis.
A “Guardian ad Litem” (GAL) is appointed by the court to protect the rights of a child involved in a court proceeding. Typically a Guardian ad Litem advocates for children on
their won without legal counsel. I represent Guardians ad Litem in juvenile and family court proceedings where the GAL determines legal assistance is necessary. I have represented Guardians ad Litem on contract with
Minnesota Supreme Court Administration and on
behalf of several judicial district GAL programs.
Third party custody cases involve legal actions brought by someone who is not a child's parent to establish custody
of a child they are caring for. These cases usually involve grandparents or other relatives who have cared for a child due to the parents' neglect, abandonment, or other disability such as drug or chemical abuse. Where the person caring for the child has had the child for six months or more, the caretaker may be considered a 'De Facto' custodian. If
the caretaker has had custody of the child for a shorter period of time, the person may be ruled by the court as
an 'Interested Third Party.' Both De Facto Custodians and Interested Third Parties may initiate custody proceedings
for child who is not their biological offspring. I am well versed in third party custody law since I helped draft
and lobby for its passage.
The Indian Child Welfare Act (ICWA) is a law passed by Congress to help preserve Indian families and culture by providing enhanced procedural protections to prevent the unwarranted removal of Indian children from their homes
and to ensure that when Indian children are removed from their families, they are placed in culturally appropriate homes whenever possible. ICWA applies to cases involving an "Indian Child" and to custody proceedings in juvenile
court, including foster care, termination, and adoption proceedings. ICWA also may apply in third party custody cases in family court. I have been handling ICWA cases since 1988. I was founder and first executive director of
the Indian Child Welfare Law Center, and currently advise and represent guardians ad litem in ICWA proceedings. ICWA is a highly complex law, often misunderstood and misapplied. I believe in the goals of ICWA. I also know
that ICWA provides flexibility to protect the best interests
of Indian children.
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