South Carolina court won't reconsider Baby Veronica decision

South Carolina court won't reconsider Baby Veronica decision
Thursday, July 25, 2013
Filed Under: Law | National
More on: cherokee, icwa, oklahoma, south carolina, supreme court, tribal courts

The South Carolina Supreme Court on Wednesday refused to reconsider its decision in Adoptive Couple v. Baby Girl, paving the way for a Cherokee Nation girl to be adopted by a non-Indian couple.

The court issued an order that denied a request by the Cherokee Nation and Dusten Brown, the Cherokee father, to rehear the case. The justices said they had no other choice, given the U.S. Supreme Court decision in the case on June 25.

"It is our fervent hope that the parties will work together in good faith and place the best interest and welfare of Baby Girl above their own desires," the order stated. "This emotionally charged case was fully litigated in the South Carolina courts and the United States Supreme Court. This case has reached finality, in this unchallenged forum and jurisdiction. That finality should be honored."

The order was signed by three judges. Two judges dissented and said the state's family court should hold a hearing to determine whether the adoption should go forward at all.

“It is a travesty that this court would refuse to hold a hearing to determine what is in this Cherokee child’s best interests, and summarily move to terminate this fit and loving father’s parental rights with no new evidence presented in nearly two years,” Cherokee Nation Chief Bill John Baker said in response. “It is heartbreaking that Veronica Brown’s rights are being ignored. We have, and always will, stand steadfast with the Brown family in their continued fight to raise this child with her biological family. We ask for your prayers as the Brown family continues this difficult journey.”

The Cherokee Nation District Court has granted temporary guardianship of Veronica to her stepmother and to her paternal grandparents. The order was necessary because Brown was sent to mandatory National Guard training on Monday.

The conflicting cases will likely spawn new rounds of litigation. The Cherokee Nation said it was considering its options.

Get the Story:
S.C. Supreme Court denies appeals for ‘Baby Girl’ hearing (The Cherokee Phoenix 7/24)
SC justices deny requests from birth father, Cherokee Nation to rehear adoption case (AP 7/24)
S.C. Supreme Court denies request for Veronica hearing, asks that adoption order be ‘honored’ (The Charleston Post and Courier 7/25)
Baby Veronica custody case not over yet (The Tulsa World 7/25)

Supreme Court Decision:
Adoptive Couple v. Baby Girl (June 25, 2013)

Oral Argument Transcript:
Adoptive Couple v. Cherokee Nation (April 16, 2013)