Nayati Locklear is a 10-year-old, male who is currently in the United States of America (U.S.A.) foster care system due to a history of behavioral health issues and possible neglect by his biological mother. He was recently placed in an intensive foster care home and appears to be thriving by child welfare standards. This progress has prompted the current foster parents to seek legal rights to adopt him or, at the very least, a secure permanent placement in their home. In preparation for the upcoming court hearing to terminate parental rights of Nayati’s mother, Seke, (Nayati’s father is deceased), the social worker discovered Nayati’s biological family is primarily Native American including both parents and several grandparents. All are part of the Coharie Tribe, which is a federally recognized Indian tribe. This data was not documented in any of Nayati’s previous case records. Based on the Indian Child Welfare Act (ICWA) of 1978 this impacts several aspects of his case including, but not limited to the terms of his ability to be adopted and/or placed with a non-Native family, as well as, rights and responsibilities of the State. 

Nayati Locklear is a 10-year-old, male who is currently in the United States of America (U.S.A.) foster care system due to a history of behavioral health issues and possible neglect by his biological mother. Nayati refused to attend school, was verbally and physically violent toward both his mother and his brother, and had refused to eat or take his medication for the last 24 hours. He had locked himself in the bathroom and refused to open the door. After losing custody of three children to her ex-husband and their biological father, Tim, Seke has no trust in the U.S. judicial system. She was hesitant to call the police for assistance; but as Nayati’s behavior escalated, she felt she had no other choice. 

There are multiple child protection reports involving Nayati’s conduct along with concerns that his mother was not giving him the medication he has been prescribed to reduce his disruptive and antisocial behavior. Nayati has been diagnosed with a mood disorder, not otherwise specified (NOS); attention deficit hyperactivity disorder (ADHD), combined type; and learning disorder, NOS. He has also been receiving special education services in school for several subjects. The immediate investigation revealed that Nayati missed two follow-up medical appointments, and is not taking his medication as prescribed. The investigating caseworker concluded there was credible evidence that Nayati’s needs were not being met. As a result, a CPS case was officially opened, and Nayati was removed from his family and temporarily placed in a group home setting.  

In preparation for the upcoming court hearing to terminate the parental rights of Nayati’s mother, the case worker discovered that Nayati is a member of a Native American tribe. This new information has critical implications for how the case is handled.

Scenario A: Seke, Nayati’s mother, wants to return to the reservation and raise Nayati and Elan III. She is seeking tribal assistance and council, as well as, seeking legal assistance under the ICWA. The Coharie Tribe has offered resources and both maternal and paternal grandparents are supportive of assisting with Nayati. Nayati is supportive of this decision and would like to be reunited with his mother and brother.

Scenario B: Seke would like to relinquish her parental rights to Nayati. She feels that due to her own health issues, as well as, how well Nayati has thrived in foster care she would like to see Nayati placed with the American couple. Nayati’s maternal grandparents do not agree. They have sought counsel and assistance from the National Indian Child Welfare Association (NICWA). They are requesting Nayati to be returned to their tribal community and that they legally are allowed to raise him. Nayati would prefer to continue to live with the American couple. 

Scenario C: The American couple withdraws their application based upon the new information and the child's status under ICWA. As a result, the Coharie Tribe petitions the court to invalidate the out-of-home placement and transfer the case to tribal court. Nayati is temporarily placed by NICWA in a temporary home within the tribal community. 

Nayati’s parents, Elan Jr. and Seke, met in North Carolina in the Coharie Tribal Community. Nayati’s father was visiting his grandparents who also lived next door to Nayati’s mother’s family. The families had known each other for years, but Elan and Seke did not meet until they were adults because Nayati’s paternal grandfather, Elan Sr., chose to move his family out of state when he received a promising job offer. 

The families were very happy when Elan Jr and Seke asked for permission to date and eventually marry. They had two children, Elan III and two years later, Nayati. When Nayati was six months old, both his parents were in a terrible car crash that killed his father. In addition to severely injuring his mother physically, she experiences memory lapses, and although never officially diagnosed  - mental health issues. After Elan Jr passed Seke struggled with depression, was often anxious about being in an automobile, and avoided loud places. She missed Elan greatly and was deeply saddened by the thought of raising the two boys without a father.

About a year after the accident, Seke met Tim Johnson, an American citizen. He was very good with both of her two boys, so she agreed to marry him. Once they were married, Seke and her two sons moved in with Tim. It was different from life on the reservation and it was hard being away from family, but eventually, everyone settled in. Seke and Tim would have two children together - one boy, Tim Jr (8), and a girl - Kimi (6). The children kept life busy, but they all got along well together. Nayati was diagnosed with a learning disability when he began school but had a strong support system in the classroom that allowed him to make progress. Unfortunately, over time, Seke and Tim Sr. had multiple marital issues with heavy blame focused on Seke’s bouts of depression. Tim Sr filed for divorce and was awarded custody of the children he had with Seke. 

Around the time that Seke and Tim separated, Nayati began exhibiting dangerous behaviors that had increased in severity over the last two years. Based on her losing custody of her other children, her physical & mental struggles, and counsel from village elders - Seke agreed to let Elan III and Nayati go live with their paternal grandfather, Elan Locklear Sr. Their grandmother had passed, so Elan Sr was lonely and would welcome the chance to reconnect with his grandsons. Although it was a difficult decision, Seke believed that the boys would benefit from a strong male role figure in their life. 

Unfortunately, that was not the case. Nayati who had lost his father as a baby - had been crushed by losing his second father, Tim, due to the divorce. As stated previously his acting out did increase during the separation and divorce. Once he was sent to live with his grandfather, Nayati viewed it as another form of abandonment and loss - this time by the person he loved the most - Seke. Once he moved in with his grandfather, who still lived in another state, his behavior escalated. Nayati began cutting himself, getting into fights at the public school, and most recently threatening to burn the school down. The latter two incidents resulted in Nayati’s suspension from school. His grandfather sought assistance from the county, and social services began working with the family.

During his last mental health hospitalization, Nayati told Seke how much he missed her and that he wanted to live with her. Seke, although concerned, moved Nayati and Elan back to live with her in a small apartment she was renting temporarily until she could relocate back to the Coharie Tribal Community. Due to Nayati’s prior behavior and evaluation, the hospital still made a CPS referral that neither the Seke or Elan Sr were aware of. Within three weeks of trying to create a positive family unit, Seke called law enforcement related to an outburst Nayati had. Nayati refused to attend school, was verbally and physically violent toward both his mother and his brother, and refused to eat or take his medication for the last 24 hours. He locked himself in the bathroom and was not responding when Seke felt she had no other option, but to call the police.

Nayati was removed, placed in a group home, and a CPS case was officially opened.  Due to multiple child protection reports regarding Nayati’s behavior, concerns that his mother was not giving him medication to control his behavior as prescribed, and missing two of Nayati’s follow-up medical appointments, he was removed from the household.