Desmond Elwell is a 12 year-old child and a member of the Yakama Indian Nation. He has been in my home for over four years and was placed by Nak Nu We Sha (NNWS), which is the Yakama Nation Tribal foster care system. My name is Mandi Lumley-Sage. I am a member of the Yakama Indian Nation and grew up on the reservation. Desmond was placed in my home with his two siblings who are my paternal nephews. Andrew was born in August. His birthdate is thought to be around August 9, 1999, and he was placed with me in October of that year. Daniel, who we call Joshua, was born September 28, 2000 and was placed with me 4 days later. Desmond was born November 27, 2002, but we found him through public records when a social worker slipped mentioning him in 2006. I filed for immediate custody, documenting the medical neglect and history of the foster home. We did not receive a fair trial. Some of the evidence was not even read because the attorney representing the foster mother was also one of 5 judges in that system. We have had an appeal pending from then until now.
In 2010 the foster home was shut down by the state, and NNWS removed Desi and placed him with his brothers in my home. The Yakama Nation retains sovereign jurisdiction over all three of these children. Desi is a charming and silly guy. He learned to ride a bike this summer, and he tried out for wrestling. He was very proud that out of the three siblings, he had the highest grades first semester. Desi also has Fetal Alcohol Syndrome and multiple heart defects, but is scheduled for heart surgery on March 13, 2015.
I received a call from a supervisor at NNWS on Thursday, February 26, 2015 saying the NNWS was no longer involved in our case and would not interfere with custody issues. She proceeded to inform me that custody over Desmond is in the home he was removed from, and they would not sign the order for Desi to have his heart surgery. I was notified by the Tribal Prosecuter’s office that he was moving to strike our hearing, and that I do not have standing. The motion passed, and I will not have a hearing.
Desmond came to me from this home with burn marks on his body and it appeared he had not been bathed in months and his teeth were completely rotten. He was nearly 7 years old and had never attended school, been potty trained, or even taught how to sit in a chair, or how to hold silverware. He was not expected to live long and it would be unlikely for him to do even basic physical activities such as climbing stairs. He was so disabled that an education seemed a waste of time. One social worker said, “The home is so filthy; there are feces all over the carpet. Desi is not potty trained because they get more money for him if he is more disabled.” That same social worker shared with me that she had seen him taped down under a laundry basket.
The boys have had three siblings die while in the care of NNWS, and I was horrified to find out that one of the siblings died without medical attention in the same home Desi was placed. I received his older siblings as infants, and I had made it very clear that any child born to this family I would take. I am an enrolled member of the Yakama Nation, and according to the Indian Child Welfare Act (ICWA), tribal children are to be placed in the following order :
1) a member of the Indian child’s extended family
2) other members of the Indian child’s tribe
3) other Indian families.
NNWS was fully aware I was capable, able, and willing to care for the siblings of these children, but carelessly placed him in an abusive non-Indian home away from his family and lied to me about his birth. I found him through public records online when he was 4 years old.
The Yakama Nation Court system has a reputation. One of many examples is a recent case involving two 8 year-old twin girls found weighing only 44 pounds when their cousins rescued them last week. Not only has the Yakama Tribal Court System ignored the requests of the Tribal Council, they have not allowed us a fair hearing and have disregarded the Indian Child Welfare Act. The Foster Mom’s hired an Appellate Court Judge to represent them, but the hearing was held without giving us notice, reversing previous orders and giving him back to the foster home.
As of Thursday, with no fair trial or notice, after nearly 5 years of living in a loving and supportive home as part of a family that can provide Desi the foundation he needs to thrive in this life, Desi is to be returned back to the same home in which he suffered extensive abuse and neglect. He is to be recklessly sent back to the same home in which his sister died as a direct result of that neglect. If a change is not made, Desi will be separated from his biological brothers, and he will not be permitted to have the heart surgery, which will prolong his life. NNWS stated, “His only hope is that the foster mother has died.”
We need your help! Please share our story. Please pray for our family and for Desi. If you would like to be aware of updates or are interested in helping us, you can follow us at www.Facebook.com/Iheartdesi and can be contacted via Google Voice at (614) 943-3741
*UPDATE MARCH 6, 2015* - The Yakama Tribal Court has granted temporary guardianship of Desi to me, Mandi Lumley-Sage, which will allow Desi to get his heart surgery scheduled for March 13, 2015. Permanent guardianship is yet to be determined.
In 2010 the foster home was shut down by the state, and NNWS removed Desi and placed him with his brothers in my home. The Yakama Nation retains sovereign jurisdiction over all three of these children. Desi is a charming and silly guy. He learned to ride a bike this summer, and he tried out for wrestling. He was very proud that out of the three siblings, he had the highest grades first semester. Desi also has Fetal Alcohol Syndrome and multiple heart defects, but is scheduled for heart surgery on March 13, 2015.
I received a call from a supervisor at NNWS on Thursday, February 26, 2015 saying the NNWS was no longer involved in our case and would not interfere with custody issues. She proceeded to inform me that custody over Desmond is in the home he was removed from, and they would not sign the order for Desi to have his heart surgery. I was notified by the Tribal Prosecuter’s office that he was moving to strike our hearing, and that I do not have standing. The motion passed, and I will not have a hearing.
Desmond came to me from this home with burn marks on his body and it appeared he had not been bathed in months and his teeth were completely rotten. He was nearly 7 years old and had never attended school, been potty trained, or even taught how to sit in a chair, or how to hold silverware. He was not expected to live long and it would be unlikely for him to do even basic physical activities such as climbing stairs. He was so disabled that an education seemed a waste of time. One social worker said, “The home is so filthy; there are feces all over the carpet. Desi is not potty trained because they get more money for him if he is more disabled.” That same social worker shared with me that she had seen him taped down under a laundry basket.
The boys have had three siblings die while in the care of NNWS, and I was horrified to find out that one of the siblings died without medical attention in the same home Desi was placed. I received his older siblings as infants, and I had made it very clear that any child born to this family I would take. I am an enrolled member of the Yakama Nation, and according to the Indian Child Welfare Act (ICWA), tribal children are to be placed in the following order :
1) a member of the Indian child’s extended family
2) other members of the Indian child’s tribe
3) other Indian families.
NNWS was fully aware I was capable, able, and willing to care for the siblings of these children, but carelessly placed him in an abusive non-Indian home away from his family and lied to me about his birth. I found him through public records online when he was 4 years old.
The Yakama Nation Court system has a reputation. One of many examples is a recent case involving two 8 year-old twin girls found weighing only 44 pounds when their cousins rescued them last week. Not only has the Yakama Tribal Court System ignored the requests of the Tribal Council, they have not allowed us a fair hearing and have disregarded the Indian Child Welfare Act. The Foster Mom’s hired an Appellate Court Judge to represent them, but the hearing was held without giving us notice, reversing previous orders and giving him back to the foster home.
As of Thursday, with no fair trial or notice, after nearly 5 years of living in a loving and supportive home as part of a family that can provide Desi the foundation he needs to thrive in this life, Desi is to be returned back to the same home in which he suffered extensive abuse and neglect. He is to be recklessly sent back to the same home in which his sister died as a direct result of that neglect. If a change is not made, Desi will be separated from his biological brothers, and he will not be permitted to have the heart surgery, which will prolong his life. NNWS stated, “His only hope is that the foster mother has died.”
We need your help! Please share our story. Please pray for our family and for Desi. If you would like to be aware of updates or are interested in helping us, you can follow us at www.Facebook.com/Iheartdesi and can be contacted via Google Voice at (614) 943-3741
*UPDATE MARCH 6, 2015* - The Yakama Tribal Court has granted temporary guardianship of Desi to me, Mandi Lumley-Sage, which will allow Desi to get his heart surgery scheduled for March 13, 2015. Permanent guardianship is yet to be determined.