BLOGGER changed, not allowing us to UPDATE this back-up blog

(UPDATED 726/2025) issues with blogger are preventing this

Monday, July 22, 2013

Baby Veronica Press Conference — 1 PM Eastern Today

 

by Matthew L.M. Fletcher
National Native Organizations to Announce Their
Next Legal Steps Related to Baby Veronica Case
 
Organizations:
Native American Rights Fund (NARF),
National Congress of American Indians (NCAI),

and National Indian Child Welfare Association (NICWA)
 
Monday July 22, 2013 - 1 p.m. eastern
(877) 856-2376 – Call ID# 22752930
 
Washington, DC – The three leading national Native advocacy organizations monitoring the custody case of “Baby Veronica”, a citizen of the Cherokee Nation, will announce the next legal steps they plan to take related to the ongoing case.  The announcement comes following last week’s order by the South Carolina Supreme Court to the State’s Family Court to expedite the custody transfer process of Veronica from her father, also a citizen of the Cherokee Nation, to the adoptive couple involved in the case. 
 
What: National press teleconference with national Native organizations to outline their next legal steps related to Baby Veronica case.
 
When: Monday, July 22, 2013 -  1 p.m. eastern / 12 p.m. central  
 
Details: (877) 856-2376 – Call ID# 22752930
 
Who: Leaders of three leading national tribal advocacy organizations monitoring Baby Veronica case:
-          Jacqueline Pata, Executive Director, National Congress of American Indians
-          John Echohawk, Executive Director, Native American Rights Fund
-          Terry Cross, Executive Director, National Indian Child Welfare Association

Saturday, July 20, 2013

NICWA Responds to SC Supreme Court Decision on Baby Veronica

 
NICWA shares the outrage reverberating through Indian Country today. It is incomprehensible that, in its decision, the South Carolina Supreme Court took the added measure of forbidding the state Family Court from holding hearings to determine what is in Veronica's best interest. By opting to remand the case to the Family Court for the sole purpose of finalizing the adoption, South Carolina has failed to act in a manner consistent with the U.S. Supreme Court's decision.
 
While the Indian Child Welfare Act was not overturned and still stands as law, the decision by the South Carolina Supreme Court yesterday sends a chilling message. Like other Americans, American Indians rely on the integrity of the judicial system to protect our children. Now our faith in that system is shaken. Since the earliest contact, non-Indians have seen fit to take whatever they covet from Indian people. The sad truth is that this decision is one more chapter in that shameful history.
 
NICWA is reaching out to Congress to strengthen ICWA compliance and close loopholes so that the forced removal of Indian children from loving homes will never happen again. The Brown family and the Cherokee Nation continue to have our unwavering support as they pursue legal remedies to South Carolina's unjust decision.
 
Statement from the Brown Family

We are outraged that the South Carolina Supreme Court would order the adoption of our child finalized without a proper hearing to determine what is in Veronica's best interests. This child has been back with her family for 19 months and to tear her away from us, the family she loves and the only family she knows or remembers, would be devastating to her. 
 
This is an Oklahoma child and her placement should not be considered by a court in South Carolina. We have contacted our U.S. Senator and encourage each of you to do the same, in order to help us keep Veronica in her home, which is a safe, loving and nurturing environment. We will never give up the fight to raise our daughter. 
 
 
 
NEW FACEBOOK PAGE TO SUPPORT KEEPING VERONICA WITH HER FATHER AND FAMILY IN OK: https://www.facebook.com/pages/Standing-our-Ground-for-Veronica-Brown/276909945780742
 

Friday, July 19, 2013

Adoption Order Exacts Toll on Baby Veronica's Family

Kelsey Brown with her half-sister, Veronica Brown (Courtesy Rachel Reichert)

July 19, 2013
Throughout the bitter dispute surrounding Adoptive Couple v. Baby Girl, there have been a pair of anxious eyes watching as events unfolded in the last year, helpless to do anything about it.
Kelsey Brown—Veronica's half-sister by Dusten Brown's ex-wife, Rachel Reichert—learned of her sister's fate the same way most people did: On television. Because of the unexpected timing of the decision, Kelsey's parents did not have the chance to sit down with her and break the news in an appropriate manner before it hit the media. Seeing the Capobiancos smiling faces and their celebratory photo op at the same time as the rest of the world, the 10-year-old girl immediately broke down crying for Veronica, with whom she has a close and loving relationship.
“She's completely devastated,” said Rachel Reichert, Kelsey's mother and Dusten Brown's ex-wife. “She's afraid she will be cut off and never see her sister again.”
Reichert has maintained a respectful and cordial relationship with Brown over the years, and they have coordinated Kelsey's visits so that the girls can visit each other as much as possible.
“They are inseparable,” said Reichert. “When the girls are together, they are literally arm-in-arm. They are like two peas in a pod. It's amazing to see how close they are.”
Reichert said Kelsey was visiting Reichert's sister when she saw the news on local television.
“She just lost it. She was beside herself,” said Reichert. “They're siblings in every sense of the word. That's her sister. I had to talk to her several times and leave work and go pick her up, because she was in hysterics.”
Reichert characterizes Brown as “a good father” who, in spite of their divorce, always makes time for Kelsey.
“Divorce happens; that's life,” she said. “We do what's best for the sake of the kids and he's a good father. He's engaged with Kelsey. When he has time off, she goes to her dad and he calls her every chance he gets. She is Veronica's sister and this is a girl who wants her sister. And she will probably need a lot of counseling to help her process through what's happening. It's sad.”
The human cost of sending Veronica back to live with people who are relative strangers at this point in her life is beginning to pile up. And it's staggering. Not only will Veronica be impacted by this week's court decision, but also her extended family in Oklahoma, including Tommy and Alice Brown, her paternal grandparents.
Today, according to family friends, Alice Brown is gathering all of the grandchildren in the family to discuss what's happening and to help them process the emotionally-wrenching decision and what has transpired in South Carolina.
It's a scenario with which many older American Indian adoptees are all too familiar, as it has brought many of their old wounds back to the surface.
“I was adopted out when I was 14-months-old to a non-native family,” said Janelle Blackowl, who is Mandan, Hidatsa, Turtle Mountain Chippewa and Lower Brule Sioux. “I feel badly for this precious child because when you are ripped away from your relatives, it leaves a deep emotional and psychological scar. I know this for a fact. She will never be the same.
"Her father exercised his rights as a native man to take responsibility for his child. To the very core of her being, she will know this. No matter where she is, she will always wonder about and long for her birth family that she is connected to by DNA. There is just no way to make [the Capobiancos] understand this. My heart just aches for this family and child.”
Trace DeMeyer, another Cherokee adoptee, is the author of One Small Sacrifice: a Memoir, and Two Worlds: Lost Children of the Indian Adoption Project.
“As I’ve watched the Baby Veronica case unfold, I felt as if this child was me,” said DeMeyer. “My own father told me he would have raised me, had he known I was being put up for adoption. An adoptee feels grief, like missing someone, an open wound in your heart. And later, when she finds out that her father wanted her, like my dad, she will feel great loss in missing the years apart. And anger can be strong enough to kill you.
"Honestly, I am very concerned about Veronica. Her trauma will not be evident at first. Not as a young girl. But when she realizes what [happened] she will start to hurt and act out. How does adoption serve this child? It doesn't. It's about money and a billion dollar adoption industry that finds children for infertile couples to adopt.”
In the meantime, as tribal leaders, community members and legal teams gather from across the country to assess the situation and their response, a 10-year-old girl waits anxiously in Oklahoma, wondering if she will ever see her sister again.


Read more at https://indiancountrytodaymedianetwork.com/2013/07/19/inseparable-sisters-adoption-order-exacts-toll-baby-veronicas-family-150500


*****NEW FACEBOOK PAGE: https://www.facebook.com/pages/Standing-our-Ground-for-Veronica-Brown/276909945780742

Thursday, July 18, 2013

NCAI STATEMENT ON BABY VERONICA

Published on Jul 18, 2013

Washington, DC - The National Congress of American Indians (NCAI) has released the following statement regarding yesterday’s South Carolina Supreme Court order calling on the South Carolina Family Court to order a transfer of custody of Baby Girl – Veronica -  to the Adoptive Couple involved:
“We are witnessing the final steps in a forced removal of a Native child from her father, her family, and her Native community.
NCAI is astounded and alarmed that the South Carolina Supreme Court has issued an order to transfer Veronica, the daughter of Dusten Brown, a citizen of the Cherokee Nation, to the adoptive couple and doing so without holding a hearing to determine the best interests of the child. There is no scenario in which the best interests of this three year old child will be served by removing her from her loving father and family raising her in Oklahoma. Mr. Brown pursued his right to care for his biological daughter since the moment he learned of the adoption. A removal of the child will be extremely traumatic for her and is clearly not in her best interest."

ICWA dismantled puts other Native kids at risk #Baby Veronica Case


Jul 1, 2013 Another big decision made by the Supreme Court was on the Baby Veronica case, a lawsuit dealing with custody rights between an adoptive couple and the child's Native American father. As much as the case dealt with custody, it dealt with a little-known law--the Indian Child Welfare Act. OU law professor Taiawagi Helton explains.

By Trace A. DeMeyer

My thoughts on Baby Veronica:

It strikes me as relevant that Veronica's birthmother Christy stated that she wished for her daughter to be adopted by the couple she chose (not Dusten) and with her op-ed in the Washington Post on Saturday - the timing of all that - helped the pre-adoptive parents and lawyers to convince the South Carolina Supreme Court to take Veronica away from Dusten yesterday... (there could be an appeal if it's filed in 5 days.)

Christy made a binding contract to give up her daughter and accepted financial support from the couple who wishes to adopt Veronica. After the baby was born, the couple whisked Veronica away to South Carolina.

Dusten was living in Oklahoma and he wasn't even aware of the birth of his daughter.
Much of this case hinged on Dusten Brown not having contact with his daughter Veronica right after she was born...and the fact that the Supreme Court based their decision on Dusten not supporting Christy financially (though he said he went to her house but she wouldn't speak to him or take his calls).

It also came out that Dusten's mother made Veronica gifts and wanted to give Christy money which was also refused. Little things like this were not factored into the court decision at all. It has to be documented to be considered as proof or evidence.

If Christy made the deal to give up her baby for adoption and accepted money and signed the adoption deal, then this is what the lawyers and courts use as evidence.

Biological fathers do not have the same legal rights as biological mothers apparently. Dusten did not relinquish his rights to his daughter in front of a judge. Christy didn't allow his participation after they sent text messages saying she could raise their baby.

The Cherokee tribe was contacted by adoption lawyers who provided inaccurate information: the wrong spelling of Dusten's name and a wrong birthdate - was this on purpose to thwart the Cherokee tribe from invoking ICWA and taking the custody case to tribal court?

Dusten didn't know Christy was putting up his daughter for adoption until he was served papers in a parking lot - by then Veronica was four months old and living in another state. Dusten, in his 20s, was heading to Iraq for a year since he's in the Army. He hired a lawyer immediately but left on his military tour.

Christy has two children already. Apparently this is why she didn't want Veronica? Or was it because she broke up with Dusten while she was pregnant?

Christy, while pregnant, consulted with an adoption agency and chose a couple. She also chose an open adoption, which we know from documented experience, is never truly open.
In Indian Country, families who cannot raise their children have other relatives raise them. This is kinship adoption. The Indian Child Welfare Act addresses this. If a parent cannot raise their child, then another family member will adopt the child, or someone in the tribe, or someone in another tribe.

Dismantling the Indian Child Welfare Act, at least a part of it, will endanger other Native kids.
Speaking with a retired tribal court judge last week, she handled at least a thousand ICWA cases. She fought to have tribal children raised by their relatives if parents were unfit or unable. She admitted to me that most states do not fully understand or abide by ICWA - even today. That is the problem we are facing with Baby Veronica, and the fact that this couple was unmarried when Veronica was born.
Tribes are watching this case closely since many young couples are unmarried and the parent who is a member of a sovereign tribe could lose their child based on this Supreme Court decision.
As I wrote earlier, Veronica is the one we need to be protecting. She is a Cherokee child. Being raised by non-Indians will effectively assimilate her, erase her culture and language, as it happened to me and many other adoptees.

How does adoption serve this child? It doesn't.

In the end its about money and a billion dollar adoption industry that finds children for infertile couple to adopt.. It's about who paid their money and who the courts appoint to be parents.



Link to Washington Post and the decision yesterday to allow Veronica's pre-adoptive parents to file for adoption: http://www.washingtonpost.com/politics/south-carolina-court-orders-baby-girl-returned-to-adoptive-parents/2013/07/17/f38fb714-ef28-11e2-9008-61e94a7ea20d_story.html
"The case has been a wrenching one that divided the nation, as well as the judges asked to decide where the little girl should live. In a 5 to 4 vote last month, the justices of the U.S. Supreme Court said the federal law does not apply when “the parent abandoned the Indian child before birth and never had custody of the child.”

and my earlier post about this case: I AM THINKING *(June 28)
http://splitfeathers.blogspot.com/2013/06/i-am-thinking-baby-veronica-birthrights.html

Wednesday, July 17, 2013

Breaking News: Baby Veronica



CHARLESTON, S.C. - "Baby Veronica," a 3-year-old at the center of a high-profile custody case that advanced all the way to the Supreme Court last month, has been ordered back to the child's adoptive parents, the South Carolina Supreme Court ruled Wednesday.
SEE THE RULING (http://bit.ly/SCBabyVeronica)
June's U.S. Supreme Court decision gave jurisdiction back to the South Carolina Supreme Court and ruled that the Indian Child Welfare Act was not valid in the case.
STORY: U.S. Supreme Court decision (http://bit.ly/1aKpgzF)
That ruling, the South Carolina Supreme Court indicated Wednesday, led to a 3-2 vote to overturn their previous decision to return the child to her birth father, Nowata County native and Cherokee Nation member Dusten Brown.
Brown, who was awarded the rights to Baby Veronica following the South Carolina Supreme Court's initial ruling and filed for adoption rights himself July 3, still has the 3-year-old in his care for the time being, according to Brown's attorney.
RELATED: Father, grandparents file for Baby Veronica adoption (http://bit.ly/12W9ETn)
The case, which has gained national notoriety, revolves around Veronica, Brown, and Matt and Melanie Copabianco, the couple who took a newborn Veronica home from the hospital. A debate over the rights of the child soon began when Brown filed for custody of Veronica four months later.
Veronica's fate now lies with the South Carolina Family Court, which is expected to approve and finalize the adoptive rights of the Copabianco family and terminate Brown's parental rights.
"We aren't happy and won't give up," Cherokee Nation communications director Amanda Clinton said after the decision.
The Cherokee Nation released the following statement:
We are outraged and saddened that the South Carolina Supreme Court would order the transfer of this child without a hearing to determine what is in her best interests, particularly in light of the fact that this very same court previously found “we cannot say that Baby Girl's best interests are not served by the grant of custody to Father, as Appellants have not presented evidence that Baby Girl would not be safe, loved, and cared for if raised by Father and his family.
Dusten Brown is a fit, loving parent and Veronica is,  as the court previously defined, “safe, loved, and cared for." That should be enough.
Lori Alvino McGill, the attorney for Veronica's biological mother, said she and her client were "over the moon" and are now awaiting the Family Court's action.
"The only question now really is how and when this transfer of custody is going to happen, and how best to ensure a smooth transition for Veronica," McGill said.
Michael Nomura, general counsel for a non-profit adoption agency in Oklahoma, says, in his opinion, an appeal could be forthcoming. A petition for a re-hearing must be filed within five days.


Read more: http://www.kjrh.com/dpp/news/local_news/state-supreme-court-rules-against-father-in-baby-veronica-case-ordered-back-to-adoptive-parents#ixzz2ZLjkQa3y

Adopted or Abducted: Dan Rather Reports

Remember the Adopted or Abducted special?



We are proud to announce that an investigative report we did on forced
adoptions has been nominated for an Emmy(r) Award For Outstanding
Investigative Journalism in a News Magazine. In an exhaustive six month
investigation that spanned from Australia to the U.S., we found a widespread
and shocking practice, even at the height of the sexual revolution in the
1960′s and 70′s, of babies born out of wedlock being forcefully put up for
adoption.






I AM SEARCHING FOR MY SON, CHARLEY, WHO WAS BORN JANUARY 20TH 1984 AT PIEDMONT HOSPITAL IN ATLANTA.
HIS FATHER IS SEARCHING FOR HIM AS WELL.
I LIVE IN KENTUCKY, HIS FATHER LIVES IN GEORGIA.
IF YOU OR SOMEONE YOU KNOW ....IS ADOPTED....WAS BORN JANUARY 20, 1984, AND IS SEARCHING FOR HIS BIRTH PARENTS...PLEASE CONTACT ME THROUGH MY CHANNEL HERE ON YOU TUBE...
THANK YOU FOR READING..........
 

Tuesday, July 16, 2013

'60s scoop' survivors back in Toronto court

Plaintiffs say a generation of people lost their Aboriginal identity after being taken from their homes


Beaverhouse First Nation Chief Marcia Brown Martel is back in a Toronto court today to present the '60s Scoop' case concerning the cultural deprivation of Aboriginal people.
Beaverhouse First Nation Chief Marcia Brown Martel is back in a Toronto court July 15 to present the '60s Scoop' case concerning the cultural deprivation of Aboriginal people. (Melanie Ferrier/CBC)
A class action lawsuit filed on the basis that young First Nations people were deprived of their cultural identity was expected to be in the courts on Monday.
Between 1965 and 1985, an estimated 16,000 Aboriginal children in Ontario were removed from their homes and placed in other — mostly non-native — communities in what is called by some “the 60s scoop.”
Chief Marcia Brown-Martel of the Beaverhouse First Nation and Robert Commanda were two of those children taken from their families. They launched an attempt at a class action lawsuit in February 2009.
In May 2010 a judge conditionally granted a motion to certify the action as a class proceeding.
But in December 2011, it was ruled that conditional certification of a class action proceeding should not have been granted.
Brown-Martell and Commanda are expected to present their case before a new judge at the Ontario Superior Court of Justice in Toronto.
“I am dismayed that the Government of Canada has taken the position that there is no justifiable claim because its actions were in the best interests of me and 16,000 other children who were taken from our homes and raised far away from our communities without regard for our cultural identity,” said Brown-Martel in a press release issued by the Nishnawbe Aski Nation.
“Canada’s argument that it had no capacity and no obligation to protect our Aboriginal cultural rights is reprehensible [and] is a continuation of the assimilation policies inflicted upon First Nations through the Residential School system.”
A website has been established to help First Nations people register and obtain more information on the class action proceedings.
Brown-Martell and Commanda spoke about the case with CBC’s Superior Morning. Listen to the interview here.

http://www.sixtiesscoopclaim.com

[This interview is tragic, as it explains how parents were forced to give up their children...Trace]

Sunday, July 14, 2013

Adoption Trafficking Awareness Event July 20


Join Intercountry Adoptees: "What is Adoption Trafficking?"
Lacey Library,

Saturday, July 20th, 1:00 p.m. to 3:00 p.m.
500 College Street SE, Lacey, WA 98503-1240


SPEAKERS:

Vance Twins

The Vance twins have been interviewed on television, radio, in newspapers and given presentations in the U.S., Canada and in Seoul, South Korea.
Janine’s Limited Edition book:
The Search for Mother Missing: A peek inside international adoption gives an account of the twins journey to the 2004 Korean Adoptee Gathering and is exclusively available at their website. www.vancetwins.com


Peter Dodds
 
Speaker and author of Outer Search Inner Journey the first book written by a foreign born adoptee on the subject of intercountry adoption. 
An international speaker, Peter has delivered keynote addresses at New Zealand's National Adoption Conference and Toronto's Adoption Experience 2012. He has been interviewed on television, radio and the internet. www.peterfdodds.com 
 
 
Giving the families left behind a voice in the matter
 
  • Raising global consciousness on the hidden side of adoption
  • Sharing an enlightened and heartfelt perspective on adoption issues based on real experiences
  • Offering preventative and alternative solutions for an industry currently in flux
  • Protecting vulnerable families from a lucrative industry that targets the child and abandons and exploits the mothers
 
 
 

Saturday, July 13, 2013

In response to the Wash Post and Christy Maldanado #Baby Veronica

Leland contributed his story in this anthology
In regard to the Baby Veronica BirthMother op-ed...
http://www.washingtonpost.com/opinions/baby-veronicas-birth-mother-girl-belongs-with-adoptive-parents/2013/07/12/40d38a12-e995-11e2-a301-ea5a8116d211_allComments.html?ctab=all_&


BY LELAND MORRILL (Navajo ADOPTEE)

First of all, I can see this Washington Post opinion was heavily edited. That aside, Christy Maldanado took the money and remained quiet during all the way up to the U.S. Supreme Court.
She was in DC and I met Dusten Brown in the US Supreme Court building under one of the central rotundas. Shannon, his attorney, came over to where I was standing in line to take me over to introduce me.
She knew the laws surrounding a "native child" because she had expressed this in the lower courts, both family court and the South Carolina Supreme Court. The Pre Adoptive Couple, the Capobiancos were in the beginning innocent and then once they found out that Dusten Brown, the biological father was Native American, Cherokee ...at least after he found out she was going to be adopted as he was headed to Iraq, then they became guilty of skirting Federal Law, The Indian Child Welfare Act of 1978.
Regardless of Christy Maldonado being "latina", she knew this child was protected under ICWA. Yes I can see that she found someone to pay the hospital bills and put some money in her pocket...just like a surrogate mother would do in this day and age.
Now that Christy Maldanado's financial and child arrangements are in danger, she speaks. Very edited, yes. This may be pressured by the Capobianco's to have her campaign publicly so when a jury is selected, they will be aware of the case and an unbiased jury will not take place. Christy Maldanado may also be under financial pressure because the arrangement fell through...so guess what? The Capobianco's might want a REFUND!!
There are problems with Dusten Brown's side, too. Because he did not pay for the any bills during the pregnancy, or any child support, and then yes by text and by signing away that last day, 5 months or so after Baby Veronica was born yes, he created some of the problems.
Also, since the Christy Maldanado and Dusten Brown's engagement was terminated, no marriage occurred. Christy Maldanado had other children as well. So, finding an adoption agency willing to take the case and also one who would go around ICWA (The Indian Child Welfare Act of 1978), find a couple who would be psychologically and emotionally strong enough to take this child and then later find out the child was protected under ICWA and still fight for an adoption, that would not have been an easy job for an adoption agency and it's legal team.
In this case, all the pieces fell in place and Baby Veronica went to the Capobianco's even though they were a PRE-ADOPTIVE COUPLE.
I do have issue with the Capobianco's being listed as the ADOPTIVE COUPLE on all the case dockets and that should have been corrected because anyone who reads just the titles or even the titles of the dockets for this case will assume the Capobiano's adopted Baby Veronica, when in fact, via ICWA, they should not have even had custody of the child. Baby Veronica should have been placed with a Native foster family or biological family member during the South Carolina Lower Court up until now.
Having Baby Veronica placed with Dusten Brown, that speaks volumes. Where was Christy Maldanado?!? Why was Baby Veronica not placed back with her as the biological mother? That would have made more sense to have Christy take back the child and under South Carolina State Law have Dusten Brown pay child support.
Why was this not done? UGH....just a mess for Baby Veronica!!
I hope Shannon, Dusten's attorney is able to combat the now very public media attacks that are happening because otherwise, more Native children will be "legally stolen".


Leland was in DC for the Supreme Court argument/hearing on April 16, 2013, in the audience with Sandy White Hawk, also an adoptee.

Please read this as far as facts of the case: http://splitfeathers.blogspot.com/2013/01/fact-checking-media-coverage-of-baby.html

Heather wrote: "http://nicwa.org/ Click the Access NICWA's Webinar "Understanding AC v. BG"  This is a great link to understand the legal aspects of the case.
 

Birthmother of Baby Veronica : give her to adoptive parents

Opinions:  Baby Veronica belongs with her adoptive parents

By Christy Maldonado, Published: July 12 

Christy Maldonado lives in Oklahoma. This month she filed a brief urging the Supreme Court of South Carolina to finalize her birth daughter’s adoption by Matt and Melanie Capobianco.

In the summer of 2009, I made the most difficult decision of my life: to place my baby, Veronica Rose, with adoptive parents. Many know her as “Baby Girl” or “Baby Veronica” because her adoptive parents and I fought all the way to the Supreme Court for Veronica’s right to be treated like a human being — not property owned by a Native American tribe.
I am Latina and not a member of any tribe. When I became pregnant, I was already a single mother with two children, in a relationship that was on the rocks. I thought hard about my options and decided I could not have an abortion. I was briefly engaged to Veronica’s biological father, who is a member of the Cherokee Nation, but our relationship was over by my third trimester.
     
When I asked my ex whether he wanted to be involved, he told me, by text message, that he wanted to give up all parental rights. And that was the last I heard from him. It was clear that my pregnancy and my baby were my responsibility.
I wasn’t sure I could go through with an adoption. I reviewed dozens of files before I found Matt and Melanie Capobianco. They lived in South Carolina, farther away than some couples I considered, but I immediately felt a connection. I could tell they were people of strong faith, like me. They had a great support system of family and friends and had tried for years to have children. From our first conversation, Melanie treated me with such warmth, respect and kindness. She also welcomed an open adoption that would allow me to be a part of my child’s life.
Matt and Melanie were with me in the delivery room, where I otherwise would have been alone. Matt cut the umbilical cord and was the first to hold Veronica. After a few days, Veronica went home with them.
Veronica’s biological father was out of the picture. He did not ask after her or even whether she had been born healthy. But after he got the adoption papers, he objected. His lawyers said that I could not choose my baby’s parents because he was a Cherokee and that either he would take custody or my baby would go to another member of the tribe. I could not believe that, after disappearing on us, he was trying to derail the family I had worked hard to give to my daughter. Why should a man who said he wanted no responsibility for his baby have more rights than I did just because he belonged to a tribe?
For 27 months, I watched Veronica grow and thrive with Matt and Melanie. I got regular updates, talked to her on the phone and watched her open presents at Christmas. They are wonderful parents, and I felt proud of the decision I had made for my child. But after more than two years in her happy home, a court ruled that my choice meant nothing.
I will never forget the night Matt and Melanie had to turn Veronica over to her biological father: He put Veronica in his truck, drove her to Oklahoma and never looked back. The next day, he let her have one brief phone call with her parents. Then nothing. Matt, Melanie and I have not seen or talked to our daughter in 18 months. My heart aches for her every day.
The Supreme Court ruled last month that this never should have happened. Some people have asked whether I think Veronica should still be raised by the adoptive parents I chose or, at this point, stay with her biological father. This question surprises me. I handpicked this couple to raise my baby in an open adoption with me. We are a family. They were there for me — and, more importantly, for Veronica — when Veronica’s biological father was not. I saw how deeply they cared for Veronica and how happy she was with them.
Veronica’s biological father abruptly cut her off from the only family she had ever known. It pains me to think of how many times she must have cried out for her Mama and Daddy — Melanie and Matt. No parent could possibly think it was okay to rip her away from them or to shut us all out of her life. If my baby had been kidnapped by a stranger, no one would suggest that she should be left with the kidnapper just because time had passed, even if she seemed to be doing all right in her new home.
Veronica should be returned to the parents I chose for her. Young children are resilient — as I was told when lawyers were arguing that her 27 months with Matt and Melanie, and my decision, were irrelevant. Veronica is bright and opinionated and was already talking a mile a minute at age 2. She surely remembers Matt and Melanie as her parents, and I know they will respect the time that she has spent with her biological father. Veronica, Matt and Melanie have been apart for too long. I may not be her Mama, but I will not stop fighting for what is best for her.

Thursday, July 11, 2013

Baby Veronica and the fight to preserve Native American culture

Opinions By Ben Shelly, Published: July 5 


Ben Shelly is president of the Navajo Nation, which is headquartered in Window Rock, Ariz.

The recent Supreme Court ruling regarding the fate of a young Cherokee girl has reignited debate about the role of the Indian Child Welfare Act in today’s society.
The law has faced critics since its passage in 1978. But understanding why it was implemented also helps explain why it remains necessary.

For hundreds of years, the official policies of the United States were to eradicate American Indians from their homelands. The doctrine of Manifest Destiny did not have room for the first peoples of this land. While the practice of genocide gave way to assimilation policies, the goal was still the same: to remove the Indian or Indian culture from these lands. As a result, Native Americans have been forcibly removed from their homelands and forbidden to speak their language or practice their culture. In the 1970s, a study by the Association of American Indian Affairs found, as many as 35 percent of Indian children were removed from their homelands through religious programs, boarding schools and adoption.
I was assimilated into mainstream U.S. culture through such practices. The cost to me of learning mainstream American values was the loss of my understanding of the Navajo belief system. I had to work very hard to reconnect to Navajo culture later in life.
When I was knee-high in the 1950s, I began my Bureau of Indian Affairs schooling in my home town of Thoreau, N.M. I entered a school system that drew many of its philosophies and practices from the 1870s, when boarding schools first became a tool of the federal government to “fix” the Indian problem.
Other programs were designed to help Indian children become acculturated, such as the Church of Jesus Christ of Latter-day Saints’ Indian Placement Program, which began in 1947 and ended in 2000. This program took Native American children from their reservations and placed them with foster families. The children were supposed to be gone for only a year, but some still haven’t returned.
While it’s good for young people to learn about different cultures, it is just as important for youths to gain identity by learning about the culture they are born into. This is especially true when long-standing U.S. government policies have sought to eradicate that culture.
Teachers in my schools washed out our mouths with soap or openly punished us in other ways, sometimes physically, if we spoke our native language. I witnessed this until I graduated from high school in Snowflake, Ariz. As an Indian, I learned to be ashamed of a language and life that were designed to be my strength in times of greatest need. I never liked the taste of soap.
For decades, many of our young people were denied the right of cultural inheritance because of programs and adoptions eager to take American Indian children and assimilate them into the larger, dominant American society. Most of these efforts probably stemmed from people’s desire to help children. In reality, however, these actions resulted in confusion and mental trauma about identity, and many American Indians lost a basic sense of self. The tribes’ fundamental right to determine the best teachings for our children were denied.
This is why the Indian Child Welfare Act continues to play such an important role for American Indian tribes. Whether the children are Potawatomi, Seneca, Umatilla, Navajo or Cherokee, the law allows tribes to give our children the opportunity to experience the beauty of their culture and to ensure that we as a people survive.
I have been disturbed by the blood quantum discussion that has been part of the debate, sparked by the lawsuits about Baby Veronica, over whether a child is considered American Indian. Tribal membership is a sovereign and sacred right. A child determined to be a member of a sovereign nation is just that. Arguments of whether a child is “Indian enough” based on an outsider’s concept of what it is to be American Indian have no bearing.
American Indian people have long fought for our rights and practices to have a place in U.S. society. Our language, culture and traditions are as sacred as the air we breathe. Despite attempts to remove us in one form or another, we remain intact and culturally strong as ever. The chance to teach our children the ways of our ancestors is a sacred honor and duty.
The Navajo Nation has more than 320,000 tribal citizens who can call a 27,000-square-mile area home. In our home, our language flourishes, our culture remains intact and our ceremonies are performed. We live according to the beliefs and traditions bestowed upon us by our Holy People, our deities.
It’s a beautiful way of living.

Wednesday, July 10, 2013

South Dakota tribes to reinvent foster care

I have been in touch with Lakota officials to offer information about other tribe's foster care systems - and what is working in Indian Country. This conference is great news. We need to help families stay together and if not, use kinship care for all our Native children... Trace

 

As fears mount over state misconduct, tribes focus on creating their own foster care systems

Daniel Simmons-Ritchie (RAPID CITY JOURNAL)
Following mounting anger over charges that the state has routinely and illegally placed Native American children with non-native foster parents, South Dakota tribes gathered Monday in Rapid City to discuss how they could form their own tribal-run foster care systems.
The discussion, hosted by the Standing Rock Sioux tribe at the Rushmore Plaza, marked the first day of the three-day Oceti Sakowin Conference. The meeting is the third in a series of quarterly summits between the state’s nine Lakota tribes to discuss common concerns.
While the afternoon discussion touched upon preservation of sacred sites and opposition to the Keystone XL pipeline, the morning was dominated by debate over alleged abuses by the state of South Dakota under the Indian Child Welfare Act.
Following a report by National Public Radio in 2011, concern has been building that the Department of Social Services has repeatedly violated ICWA, a law enacted in 1978 to ensure the preservation of Native American culture by ensuring that native children taken by social workers are placed in Native American foster homes. The NPR report found that 90 percent of native children in South Dakota are placed in non-native homes.
Since a conference held by the tribes in Rapid City in May, attended by Kevin Washburn, the U.S. Interior Department‘s assistant secretary for Indian Affairs, the Lakota have focused increasingly on steps to wrestle away federal funding from South Dakota and create native-run foster care systems.
The $56 million that’s going to the state of South Dakota should be coming to us so we can keep our families together,” Chase Iron Eyes, a private attorney and member of the Standing Rock Sioux, told attendees. “That’s the bottom line.

Speaking during a recess, Dan Sheehan, chief counsel for the Lakota People’s Law Project, a non-profit that has provided expertise to the Lakota since 2006 about ICWA violations, said that it is looking increasingly likely that the tribes could attain that federal funding.
Sheehan, an attorney who was involved in cases surrounding the Iran-Contra scandals in the 1980s and the publication of the Pentagon Papers in the 1970s, said that his group had recently met with officials in the U.S. Department of the Interior that favored creating an application process to give funds directly to Lakota tribes.
“The money will be taken away from the state and given directly to the tribes,” Sheehan said, adding that he was reasonably confident that could happen within the next two years.
Monday’s discussion also focused on potential models for native-run foster care systems. On the Pine Ridge Reservation, the Oglala Sioux have a tribal-run foster care system that is partially funded by the state of South Dakota.
The administering agency, called Lakota Oyate Wakanyeja Owicakiyapi (LOWO), only handles cases on the reservation and still must follow South Dakota rules that have been criticized by Native American advocates. Still, with a focus on traditional Lakota culture like purification ceremonies, reformers see it as a path to repair a system that has failed natives.
That doesn’t mean starting their own systems will be simple for tribes. Emily Iron Cloud, executive director of LOWO, said that the planning work alone was hugely time consuming.
“You need to have the community’s voice, their vision for what kind of agency they want to see, and there’s a lot of work that needs to happen,” she said.

Tuesday, July 9, 2013

Update on Baby Girl proceedings #BABY VERONICA

http://turtletalk.wordpress.com/2013/07/09/update-on-baby-girl-proceedings/


Baby Veronica’s biological father, stepmother and paternal grandparents have filed court papers in Oklahoma to adopt the 3-year-old girl, a move that dissenting U.S. Supreme Court justices warned could happen and will likely complicate the custody dispute....
The toddler’s mother found the Capobiancos through an adoption agency and, when the girl was born in September 2009, gave custody to them.

Lori Alvino McGill, the Washington attorney for Veronica’s biological mother, said her client, Christinna Maldonado, has not agreed to allow the adoption by anyone other than the Capobiancos and will fight the termination of her parental rights if the couple’s adoption doesn’t go through.

“We believe these frivolous filings in other jurisdictions are designed to further delay the proceedings,” McGill said, “in the hope that it will make it harder for South Carolina to finalize the (Capobiancos’) adoption.”

A Charleston attorney for Veronica’s father said Dusten Brown simply wants to continue raising his daughter.

Monday, July 8, 2013

GUEST POST: Levi EagleFeather Sr.

         Living life for me during my early years was much like walking through a very colorfull yet very surreal collage of everyone else’s bad or leftover dreams. Nothing made any sense!
 
        Hello, my name is Levi William EagleFeather Sr. I am a Lakota by heritage. Sicangu Lakota by birth. I am an enrolled member of the Rosebud Sioux tribe of Rosebud South Dakota. I was adopted at the age of four but haven’t been since I changed my mind about it at the age of fifteen and got the hell away from the whole sordid mess. That was quite awhile ago. I’m 55 now.
 
         It wasn’t until the first summer I sundanced that those dreams faded and reality became mine. Clarity, like cool clear water to a thirsty parched throat or shade to a sun drenched overheated mind, soothed my weary war torn senses and  underfed spirit. At long last I had found sanctuary and once again re-entered the land of the human being or as we say in Lakota, Ikce Wicasa (common man). 

         Somewhere in Scott Momaday’s writing he wrote that telling a story takes words to describe words. Life is certainly that way.  Whether it’s yours or mine it’s story.  Being such it requires or demands words many words to bring forth a full sense of our reality. Words which describe the full spectrum of thought, emotion and feeling that make-up the scattered and fragmented and sometimes incomprehensible reality of our lives as American Indians. Especially in the aftermath of the wars and ongoing efforts of genocide against our people. Adoption is but one of those many efforts and the resulting ism’s are but its results. Results that force us into, well let’s just say that chameleons have nothing on us!  Nevertheless, for sanity’s sake for peace of mind these results are ours to overcome.

         The words of our overcoming, these words, my words, your words, our words describe just a portion of life's meaning, but it’s our life and it‘s important.  A living reality of experience, thought, feeling and emotion. No two experiences ever exactly alike. No two thoughts, feelings or emotions ever exactly the same, at the same time, or about the same thing. Always ongoing ever-changing, growing, metamorphisizing neither negative or positive necessarily, but always changing describing the ever shifting ever adapting overcoming that is life and living. That part of life and living that in its many forms and shapes is you and me, the American Indian.

         In looking back, when all is said and done life has been pretty full for me, as it should be. I am, for the most part most of the time, a happy man and enjoy living come what may. Although, it hasn’t always been this way. Time and distance have allowed my spirit the space needed to recover somewhat so the light of day no longer sears the consciousness of my soul. I think, an experience of surviving hell and high water and coming out on the other side does that to a person. Living through it can and often does make us creatures of a darker understanding of life and living. Sometimes morphing us into a breed of walking dead, soul dead. Adoption can be like that, hell and high water, for some. It was for me and my sibs.

         I realize throughout it all some don’t do so well. Adapt and overcome I mean. Seems that some get burned pretty bad and take on lots of water and experience lots of hurting for many years after. I think, myself, I just became hell. Unfortunately, for those associated with me or those who experienced me during my early days will attest that that was the reality of being too close or trying getting to know me. There was much scorched earth left in the wake of my struggling. Struggling to survive those early years on my own alone.

         Understanding the reality of all of this. Who, what and why I was and am has taken many years to gather and digest.
One thing good about us though is that we are just another form of nature. Being such, raw nature, we are energy. Raw energy and we seek to flow. In flowing we seek our own level much  like water running to the sea. Sometimes we rage sometimes we flood cutting our way through the rock and the barriers that obstruct our knowing and our understanding. Our journey our destiny if you will becomes cluttered with the debris of our raging and flooding. Disrupted journey’s disrupted destiny’s on the way to experience the ebb and flow of natural being.
This is the first in a series. Words, just words strung together to convey meaning and understanding to a reality that wasn’t supposed to exist, but does. It’s my story.
 
Levi lives in Germany and will be contributing to this blog.

Monday, July 1, 2013

Drama over Baby Veronica goes on (UPDATED)

 

UPDATE Friday 5:51 pm:  Supreme Court Justice Samuel A. Alito, Jr., on Friday afternoon ordered that the Court’s ruling in the “Baby Veronica” case will go into effect a week from now.  That will return the case to the South Carolina Supreme Court to decide with which family the baby will live.

—————-
The emotional tug-of-war over the future of “Baby Veronica” has stirred a new legal skirmish in the Supreme Court, following the Justices’ ruling Tuesday raising the prospect that the girl may be shifted from her father back to a South Carolina couple who had raised her for a time but then had to yield to the father.  The application, 13A7, came in the case of Adoptive Couple v. Baby Girl (decided in docket 12-399).
The would-be adoptive parents on Wednesday filed a formal request for the Court to put its decision into effect “forthwith” — that is, without waiting the usual twenty-five days — so that the next phase in the custody struggle could begin promptly.  On Thursday, the baby’s birth father, a member of the Cherokee Indian tribe, said he was opposed to moving so swiftly, but promised to try to work out a somewhat earlier timetable than would normally unfold.

The case called for the Supreme Court to sort out the perhaps conflicting strands of state law on child adoption and a 1978 federal law on the rights of Indian parents and families.   In the end, the Court decided by a five-to-four vote that the federal law did not bar the termination of the Indian father’s parental rights, but it left it to the South Carolina Supreme Court to sort out what to do next.
The child, known in the media by the name “Baby Veronica” but identified in the adoption case as only “Baby Girl,” will be four years old in September.  At birth, her mother gave up the child, and the Indian father did not object.  She soon joined the family of a non-Indian couple, Matt and Madeline Capobianco, who live near Charleston.  When they notified the father, Dusten Brown, who lived in Oklahoma, he then sought custody of the child, claiming protection for his relationship under the federal law.
The South Carolina Supreme Court ruled, with reluctance, for the father, and the child returned with him to his Oklahoma home, where she remains.
In asking the Supreme Court to speed up the issuance of its ruling, which seems strongly to favor their claim, the South Carolina couple said that even a month was important in a child’s life, so the Court should act swiftly.  They said they had not spoken with or seen the little girl “in nearly 18 months,” after having to give her up in December 2011.   They interpreted the Supreme Court ruling as coming close to supporting their claim.
The birth father, however, disputed their interpretation of the Court’s decision, and said that the ruling had left open the possibility that the girl’s paternal grandparents or other members of the Cherokee Nation might seek to adopt the child.   He said the tribe joined him in opposing immediate release of the ruling’s formal mandate.   He and his lawyers need time, he said, to decide their next step, but vowed that, after doing so, they would consult with the South Carolina couple to try to work out an earlier date to put the decision into effect.
There is no timetable for the Court to act on this new dispute, but it is expected to do so promptly.

Posted in Adoptive Couple v. Baby Girl, Merits Cases
Lyle Denniston, Drama over Baby Veronica goes on (UPDATED), SCOTUSblog (Jun. 27, 2013, 7:20 PM), http://www.scotusblog.com/2013/06/drama-over-baby-veronica-goes-on/

Baby Veronica Case updates

Adoptive Couple Seeks Immediate SCT Mandate in Baby Veronica Case


by Matthew L.M. Fletcher (Turtle Talk)
SCOTUS blog has coverage here.
Adoptive Couple's application is here.
Dusten Brown's opposition is here.

click

Contact Trace

Name

Email *

Message *

NO MORE UPDATES

GO TO:  https://blog.americanindianadoptees.com/  for updates and news. THIS BLOG cannot be updated...