How can i adopt a foster child?

You really need to talk to your foster child's caseworker about this. Cases involving the ICWA are complicated, and whether or not adoption is possible depends on the tribe. The ICWA doesn't directly prevent people from adopting; rather it transfers the final decision to tribal authorities. Some tribes choose not to intervene at all and simply allow adoptions to go through, some tribes only intervene under certain circumstances (for example, in patrilineal tribes they generally will not get involved if the heritage is on only the mother's side but will if it's on the father's side or both sides,) some tribes are fine with adoption by other Native Americans even from another tribe because of shared experience, and some tribes do not allow their children to be adopted by non-members at all. Each situation involving Native American children is different. This really needs to be addressed by a worker familiar with the case, and with the specific tribe(s) involved.

Under California or any other state's law, a child in foster care is only free for adoption if the parent's rights are terminated. Blood relatives and then foster parents have the first right to adopt. The Indian Child Welfare Act (ICWA) applies to children who are enrolled members of federally recognised tribes or who are eligible to be members. The act gives the tribal courts jurisdiction over child custody issues such as termination of parental rights and adoption and foster care placements for children of that tribe. Basically, the priority for adoption placement is first with the child's extended family, then members of the child's tribe, and then another Indian family. If you are not an enrolled member of a federally recognised tribe that doesn't mean you would have no chance to adopt, but you wouldn't have the priority of a family member or a tribal member. Also, the tribal court will want to determine the extent to which you are part of an Indian culture if you are not a member of a federally recognised tribe. Yes, most Indians do understand that there are many real Indians who don't have tribal membership for a number of reasons. But any tribal court dealing with adoption proceedings has to be concerned with the best interest of the child and that includes whether the adoptive parent will be able and willing to help them maintain a connection to their people and culture. Best wishes. Edit: It is not true that non-natives can't adopt native children. Tribes naturally prefer their children to be with their own people and raised within their Nation where possible. But there are native children adopted or fostered by whites. ICWA gave tribes jurisdiction over child welfare for their members, just like provinces or states have jurisdiction over child welfare for their children. It was in response to decades of arbitrary and capricious removal of children from their cultures by outside authorities which was horrific.

Although you don't explicitly say it, I am guessing you are already a foster parent. In Kansas, a foster parent has their own social worker as well as the child's social worker. So, contact either or both of them, and make sure they know of your interest. If the parents' still have their rights, they will probably won't even really discuss it with you. If you push the issue, they will look very unfavorably on you because they will think you are losing your objectivity and they will start worrying that you will start doing things to undermine the success of the possible reintegration. Right now, you have absolutely NO rights to that child. You are the foster parent and that is all. Do not start about adopting the child if the agency is thinking along the lines of reintegration. However, if the parents are totally screwing up, not showing up for UAs or flunking them, not finding or keeping employment, not kicking the deadbeat boyfriend out, not doing what they are suppose to and the agency starts moving forward to terminate the rights, this is when you bring up the possibility of adoption. The agency would much rather keep the child with you, if you are a good placement, then to go through an adoption search. They would much rather already have an "identified adoption resource" in place. The fact that you are Native American helps because unfortunately, it doesn't even really matter what tribe you come from, as long as you are Native American. I know that sounds horrible but it is the same with Hispanics. A person from Argentina has nothing in common with a person from Honduras but agencies tend to think a Hispanic is a Hispanic is a Hispanic. The same with Native Americans. If you are not registered, get your blood rights NOW. Don't wait. Because it will become an issue with ICWA. As I understand it from when I had a foster daughter who was Prairie Potawatomi, the foster care agency has guardianship over the child but they have to have approval from the tribe so that the child can be adopted. Personally, I think it is a little mixed up. In this particular instance, in the 8 months I had her, a representative never once contacted me, never once came to any meetings, didn't know her from Adam. And yet they had vetoing power over any adoption especially if the prospective adoptive parents were anything other than Native. So contact your worker. If by chance you have not been licensed and you just call her your "foster child," you need to do that first. You need to call your local foster care agency. Make sure you get the agency that HAS THE ADOPTION CONTRACT IN YOUR AREA. There are a lot of foster agencies but they are sort of like satellites. They can get your licensed through the state but they may not be the best agency to help you adopt her. Make sure they know from the beginning that you want to adopt this child. Hopefully, you are not in a time crunch because this process takes a few months (classes, inspections, etc) and it would be really devastating to find out that right in the middle of all this, they hold a BIS(Best Interest Staff where they pick the adoptive parent(s)). Good Luck and I hope you can give her a forever home. Dena

you cant adopt a child until boht parents have had their rights terminated and your social worker should have explained the hwole process to you..chances are since they havent that this child isnt going to go up for adoption but go back o their parents or a relative.They're are kids already in foster care who are available for adoption if you google kids free for adoption you can type in your state and see them...if you are interested tell your worker and they'll set up the meeting and let you meet the child

if you have a foster child, that makes you a foster parent so talk to your case worker to find this info out.

anyone who is not a native american is NOT allowed to adopt a native child even though there are some certain curcumstances. my mom is native and was adopted by my white grandparents in 1972 and soon later they changed the laws. when i was little i didnt have my mom or dad around so my moms birth family was trying to take me to live with them because they wanted me to be raised by natives. the court found out that the aunts husband was not a good situation for a child to be around and the court let me stay with my grandparents.

You should be able to, unless it is a temporary placement. Call an adoption lawyer for a consultation, or talk to his/her case worker.

I am sure just about anywhere you can, unless the parents are in their lives and eventually want them back, call a lawyer and see what you can do.