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Disclaimer – All court records are sealed and gag orders are in place. This makes it difficult to follow court arguments and get statements from both sides. All information from other sources is sited in the article and can be found on the Internet.
The recent U.S. Supreme Court decision concerning “Baby Veronica” has U.N. Special Rapporteur on the rights of indigenous peoples, James Anaya, urging tribal, state and federal officials in the United States to take action to “ensure the well-being and human rights of Veronica, the 4-year-old stuck in the middle of the custody battle.
The custody case for Veronica was dubbed “Baby Veronica” because the child has not been given her legal last name. The biological father, Dusten Brown and the adoptive parents, Matt and Melanie Capobianco are fighting for custody of Veronica.
In the 5-4 U.S. Supreme Court decision this summer, the justices ruled that the Federal Indian Child Welfare Act is not applicable to the case Brown was approaching the court with. Veronica has been passed between the two families with the back-and-forth decisions of the courts over the past two years and Veronica is currently in Oklahoma with her biological father. Anaya sent out a press release asking officials to consider a number of things.
“Veronica’s human rights as a child and as member of the Cherokee Nation, an indigenous people, should be fully and adequately considered in the ongoing judicial and administrative proceedings that will determine her future upbringing,” Anaya said in the press release from the U.N. Human Rights office of the High Commissioner. “The individual and collective rights of all indigenous children, their families and indigenous peoples must be protected throughout the United States.”
Immediately following the U.S. Supreme Court decision in June, the Capobianco family was awarded custody of Veronica by a South Carolina state court. According to the press release from the U.N. Human Rights Office, authorities in South Carolina have attempted to gain custody of Veronica by charging Brown with custodial interference for refusal to release custody of her. The Oklahoma Supreme Court stepped in, granting temporary stay of enforcement on Sept. 3, allowing Brown to hold custody of Veronica until further proceedings.
“I encourage the United States to work with indigenous peoples, state authorities and other interested parties to investigate the current state of affairs relating to the practices of foster care and adoption of indigenous children, and to develop procedures for ensuring that the rights of these children are adequately protected,” Anaya said in the press release.
The press release claimed the state courts in South Carolina did not consider whether transferring Veronica from her Cherokee family would be in the best interests considering her situation and heritage. The press release did note that Veronica spent the first two years of her life with the Capobianco family in South Carolina, but in the two years time since December of 2011 Veronica has been with her biological family in Oklahoma.
According to the Tulsa World, Brown signed the “Acceptance of Service,” a document stating no contest of the adoption in January 2010, four months after Veronica was born in South Carolina.
Brown claims to have been misled about the document. When told about the adoption, Brown filed a lawsuit to stop it. Brown will still not be able to use the Indian Child Welfare Act of 1978 for his case and Anaya spoke out about the problems it causes.
“I encourage the United States to work with indigenous peoples, state authorities and other interested parties to investigate the current state of affairs relating to the practices of foster care and adoption of indigenous children and to develop procedures for ensuring that the rights of these children are adequately protected,” Anaya said in the U.N. press release.
According to the Tulsa World, the case is now in Cherokee County because the Capobiancos came to Oklahoma and filed a separate action. Brown is appealing the decisions from both proceedings and if Brown loses, there is speculation that a tribal court may intervene, causing more speculation that the case will end up in federal court again.
More information can be found online at TulsaWorld.com and the press release from the U.N. Special Rapporteur on the rights of indigenous peoples. James Anaya can be found at unsr.jamesanaya.org. Other questions, comments or concerns can be forwarded to keith.dugan@eagles.oc.edu.
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