I-Team: Couple could lose adopted child over Indian law
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I-Team: Custody Battle
A tribal member, who's admits to regularly smoking pot, wants to regain custody of his child.
CRANSTON, R.I.—Bob and Donna D’Andrea, foster parents for 15 years, added 2-year-old Tameka to their clan two years ago when she was just 2 weeks old.
“I think it’s safe to say we all kind of adore her,“ said Bob D’Andrea.
In a court document Tameka’s biological father, Jackie Robinson, who is a member of the Narragansett Indian Tribe, admits telling his substance abuse counselor that he needed to smoke marijuana all the time.
“I can’t stop. It’s part of my life,“ he said in the document.
Robinson also admitted to cheating on his common-law wife with whom he had Tameka.
Robinson, who is partially disabled, and his wife have four other children, all of whom are on some form of public assistance.
After Tameka’s birth, Robinson didn’t want much to do with her. However, things changed.
“Slowly but surely the bio dad got involved in Tameka’s life. Since then there have been a whirlwind of problems,“ said Bob D’Andrea.
Originally, the Rhode Island Department of Children, Youth and Families convinced the court that Tameka would be better off with the D’Andreas.
But because of the Indian Child Welfare Act, the state Supreme Court said Robinson will get another hearing and a chance to get his daughter back.
The act guarantees Indian children the right to be brought up in their culture.
“The state still has the responsibility, and in this case to share with somehow the Indian tribe, to make sure the safety and well being and permanency of that child is maintained,“ Garcia said.
Bob D’Andrea is perplexed about Robinson’s use of marijuana.
“The fact he couldn’t stop smoking pot … It gives me some concern she is not a priority in his life like she certainly is in our life,“ he said.
NBC 10’s attempts to contact Robinson and the Narragansett Indian Tribe went unsuccessful.
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Reader Reactions
This is a no-brainer, the child should stay with the foster parents. End of story!!!!
I can fully understand what Bob and Donna are going through because we had a similar situation happen to our family. But before I explain, I just want to say that if there are better parents or people than Bob and Donna I haven’t met them. I know both Bob and Donna personally, and clearly, these are the type of loving, caring people that the courts should be looking to place children with.
My wife and I were foster paretnts for a 3 day old baby girl. She was the seventh child of a women that did not have custody of any of her previous children, due to her life style. When our foster child turned 11 months old we had the opportunity to adopt her, and we happily did. This was assisted by a very experienced and concerned social worker.
Four years later the mother gave birth to another beautiful baby girl. Right after birth mom and the biological father were sent to prison.
We were contacted by DCYF to see if we would be interested in being foster parents for this baby. We jumped at the chance since this would put two sisters together. We took her into our home and into our hearts beliveing that we would ultimately be able to adopt her. However, after being with us for slightly over 22 months the court granted custody back to the biological mother once she was released from prison.
How this decision was in the best interest of the child is still a sore spot for both of us. Giving her up was the hardest thing we ever had to do. we continue to see her and she still refers to us as mom and dad.
In Bob and Donna’s case the biological father admits that he can not stop smoking marijuana, has little or no parenting skills and yet the courts still push for unification. To me it is a very simple decision, long term, what would benefit the child’s overall well being. You don’t need a law degree from Harvard to render this decision. Your in our prayers Bob and Donna.
I have read so many of the words that have been written in behalf of the D’Andrea family and it is quite difficult to go beyond what others have so poignantly expressed. However, to know Bob is to know that you just want to respond to the difficulty he is experiencing. He and his wife have merged their biological children with another special little being resulting in the true synergy of the whole being so much greater than the parts. Such coming together is truly a gift for all involved and to think anyone would knowingly, destroy this synergy, is incredibly disturbing. What can I do to help?
The top priority for deciding Tamika’s future is her well being, period. I challenge anyone to make a valid argument that the child would be better off with her birth father than the D’Andrea family.
This is truly sad. At the end of the day, all that should matter is what is in the best interest of the child. It is obvious to me that from the first day Tameka came into the D’Andrea family that she became a top priority for them. The biological father couldn’t be bothered to stop smoking pot and make the child a priority in his life from day 1. The idea that the courts would even consider taking Tameka away from the only home she knows makes me sick to my stomach. I hope that the courts use common sense and leave Tameka exactly where she is, which is with her loving family.
India law or not, the Court should decide what is for the best interst of Tameka. It would be inhuman to take Tameka away from D’Andreas who has established a deep bond raising her in the past two year while the biological father has gone awow. Any reasonable person will conclude that the biological father is unfit to raise the child due to his drug addiction, promiscuity and track record of irresponsibility. We, the taxpayers, are outraged that our hard-earned money is being used to finance the exact irresponsible behavior that breeds injustice, failure and social problems in our society. Tameka could well end up as being another statiscs in the hands of Robinson! Save the child!
I had the pleasure of working with Bob for a few years. I came to know him not only professionally but also as a friend. Regardless of the venue, be it an office function, a holiday party, a ski trip or a ball game; I always enjoyed spending time with the D’Andrea family. The news of this situation is extremely disheartening… I sincerely hope common sense prevails and the D’Andrea family rightfully retain custody of the little girl they have come to know and love.
My name is Tony Garcia I served with Bobby back in ‘78 I wish him the best of luck in this dilemma with his daughter Toni. I feel that Bobby and Donna have very good parenting skills having been parents for 15 years. As for the biological father, it seems that partying is the priority in his life and not his responsibility as a father whereas Bob and Donna have proven that they responsible parents capable of giving their daughter Toni a better life than being dependant on public assistance.
This is a NO Brainer. The child belongs with the D’Andrea’s, not some drug abuser that shares her DNA. Our Laws are there to protect. Her heritage is secondary to her health and well-being. That beautiful little child deserves the love and care of the only family she has ever known.
My name is David Jankowski and I am a retired Major in the USMC. I had the extreme pleasure of having Bob D’Andrea serve with me 20 years ago. He is one of the finest Marines I had the opportunity to serve with. I find it beyond ludicrous that his parental skills can in any way be compared to the sorry person who is the “bio father”. Has that person every served his country? Bob has, and I only hope that the powers to be will recognize that the child is infinitely more likely to have a successful life with Bob and Donna.
David Jankowski Major USMC Ret.
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