An American Indian Grandmother contacted the Ombudsperson late on a Monday evening. A permanency hearing was scheduled for Wednesday afternoon. The Grandmother was extremely frustrated and concerned that custody of her grandchildren would be transferred to the foster family (no relation to her biological grandson, but related to her granddaughter). On Tuesday, the Ombudsperson contacted the Social Worker’s Supervisor who confirmed that the Wednesday hearing would be the final hearing and the case would then be closed. The Ombudsperson immediately contacted the Tribe and the Assistant County Attorney and advised them that the matter was being investigated for possible violations of the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. On Wednesday evening, the Grandmother sent the following email: I just came from court. It was postponed while the tribe takes more time to look at the facts. This has been the first positive progress. I feel a great deal of that is from your contacting people and getting them to look at the situation. I cannot thank you enough for taking an interest and active efforts with this. It means so much to me to see my grandchildren have the best opportunities in life. I am extremely grateful to you. The Ombudsperson also provided legal information and resources to the Grandmother and encouraged her to hire an attorney to intervene on her behalf, which she did. Sixteen months after contacting the Ombudsperson, the grandson was permanently placed with his Grandmother and the granddaughter was placed with her biological family. The half siblings visit with each other twice a month. The Grandmother firmly believes that if she did not contact the Ombudsperson, the outcome would have been very different.
When the Grandmother was contacted to ask for permission to use her story for a Case Study highlighted in the Office’s Annual report, she responded as follows:
"Dear Jill, That would be great! I want the story to be told and for people to know the importance of what you do!! That is exactly right, these changes would not have happened without your strong assistance. And, of all the people I reached out to, and there were many, you were the first one to make a stand and always be available and willing to take action. The way I learned to reach out to you was through a post by a father that stated his first and main positive action came from Office of Ombudsperson for American Indian Families (you) and that is what brought me to search for the contact information. And what a shock to me, you answered! And since then you have been there and answered every time I reached out. That is huge in a struggle of such importance. Getting the word out is vital. I have a couple of grandparents that I work with I have realized are going through very similar situations. I plan to provide them with the materials that you left at my office. Thank you for asking. Thank you for all you do."
This case involved three minor children. The Grandmother was from Northern Minnesota and called the Office. Her first comment to the Ombudsperson was “My grandchildren are homeless and I need to come down and bring them home.” The Ombudsperson spoke with the grandmother and provided her with some resources. The Grandmother said that she knew how to do a motion to intervene and she was going to do that and to represent herself. The Ombudsperson met the Grandmother and Great Grandmother at the courthouse. The Grandmother let the judge know that she was moving to intervene and she needed to take her grandchildren home to the reservation while the parents did what they needed to do.
From the Bench, the Court ordered that the children were immediately to be removed from their current foster care placement (stranger foster care home) and placed with the Grandmother -- despite the State not having completed the Grandmother’s criminal background check and not yet doing a home visit. According to the Judge, the Tribe’s criminal background check and other information that was provided by the Grandmother and the Tribe were satisfactory to the Court to order immediate placement with the Grandmother.
When the Judge asked the Grandmother if she brought appropriate transportation to transport the children, the Grandmother said, “I brought my mother’s van; she is the pilot and I am the co-pilot. I brought Junior’s booster seat, Your Honor, he does not like riding in it but he has to because he is not yet big enough. I also brought the two car seats for my younger granddaughters. I also brought a cooler with drinks and all I need to do is stop and get some ice and I even brought snacks.” A few days later, the Grandmother sent the following email:
"Dear Jill,
Thank you so much for your work within your position of Ombudsperson for Families within the State of Minnesota. It was a very empowering experience for me to have you in attendance at the Court hearing. I have never witnessed this before in any hearings I had attended in my personal & professional experiences. Just with you being there gave me the self confidence to make this stand for myself and my grand children. It gave me the ability to maintain composure as they were making decisions regarding their future.
I look forward to our continued working relationship throughout the work on this case. I bid you all the best for your continued support with other families who have yet to realize we have someone in our court regarding the decision making of the future of our Native children. We, as grandparents have been disregarded in the past not realizing that we have a very valuable asset within the State of Minnesota!
Chi Megwech! (Big Thanks)"
You were the first one to make a stand and always be available and willing to take action.
— A Grandmother who worked with Jill Kehaulani Esch, Ombudsperson for American Indian Families
