Law | National

ICWA dispute over Baby Veronica simmers in multiple courts

Wednesday, July 24, 2013

The U.S. Supreme Court issued its decision in Adoptive Couple v. Baby Girl, Indian Child Welfare Act case, on June 25, setting in motion new rounds of legal maneuvers in multiple courts.

The South Carolina Supreme Court on July 17 paved the way for Veronica Brown, a citizen of the Cherokee Nation, to be adopted by a non-Indian couple. But earlier that day, the Cherokee Nation District Court granted temporary guardianship to her stepmother and her grandparents because her father, also a tribal citizen, is serving mandatory military training.

As a result, the tribe contends that the South Carolina court must take notice of its proceedings before making any adoption or custody decisions.

“Dusten Brown is an Iraq combat veteran who has fought as tirelessly for his child as he did for our country. That fight began the day he learned of the birth mother’s plans to place his child for adoption and continues today. Since regaining custody, he has created a loving, safe and nurturing environment for Veronica,” Cherokee Nation Assistant Attorney General Chrissi Ross-Nimmo said in a press release. “This temporary guardianship order is just another step Dusten has taken to ensure his daughter is always well cared for should something happen to him as he is serving his country during this mandatory military training assignment.”

The tribe and Dusten Brown, the father, both filed timely responses to the South Carolina court's July 17 order. Brown is considering going back to the Supreme Court to seek clarification on his custody rights, according to his filings.

Meanwhile, the National Congress of American Indians, the National Indian Child Welfare Association and the Native American Rights Fund said they will file a civil rights lawsuit if Veronica is adopted by the non-Indian couple. The suit is expected to be filed in federal court in South Carolina.

It's possible that Veronica's stepmother and her grandparents could file their own lawsuits under ICWA or under federal civil rights laws. The tribe also might take separate action.

Get the Story:
Baby Veronica's biological dad working new legal strategies to win custody (The Tulsa World 7/24)
CN files petition for Adoptive v. Baby Girl rehearing (The Cherokee Phoenix 7/23)
Cherokee Nation asks S.C. Supreme Court to reconsider custody ruling in Baby Veronica case; tribal court in Oklahoma grants temporary custody to birth father’s family (The Charleston Post and Courier 7/23)
Dusten Brown, Cherokee father of 'Baby Veronica,' files for stay, rehearing in South Carolina (KJRH 7/22)
Cherokee Nation Asks For Rehearing In Baby Veronica Case (News9 7/22)

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

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

South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012)