Opinion

Letter: Adoption lawyers circumvent Indian Child Welfare Act





Attorney for Dusten Brown, a member of the Cherokee Nation whose parental rights are at issue in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case that was heard by the U.S. Supreme Court last week:
The arguments made in the April 16 editorial “Whose child is this?” were refuted by the collective findings of three courts, including the South Carolina Supreme Court, that ruled in favor of the rights of Dusten Brown, a member of the Cherokee Nation and an Iraq war veteran, to raise his now 3½-year-old daughter, Veronica. This case is about a dedicated father’s deep desire to raise his daughter, who was never legally adopted by the adoptive couple, the Capobiancos.

Beneath the surface, where The Post chose not to venture, is an all-too-familiar story about adoption lawyers who not only attempt to circumvent federal and state laws protecting Native American children and families but also seek to take advantage of new fathers actively deployed in the U.S. military. Both apply in this situation, and the South Carolina courts thwarted these efforts, holding true to the Indian Child Welfare Act and returning the child to her father, where she is now thriving.

Get the Story:
John Nichols: A familiar story about adoption lawyer tactics (The Washington Post 4/20)

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

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

Related Stories:
Supreme Court decision in ICWA case expected by end of June (4/17)
Jackie Pata: Baby Veronica and Native American family values (4/17)
NARF/NCAI/NICWA: Case shows ugly side of adoption industry (4/16)
Jacqueline Davis: An Indian family torn apart in South Carolina (4/16)
Turtle Talk: More interruptions for tribal interests in ICWA case (4/16)
SCOTUSBlog: No easy answers in Indian Child Welfare Act case (4/16)
Supreme Court takes up dispute over Indian Child Welfare Act (4/16)
Editorial: Supreme Court should take Cherokee girl from father (4/16)
Editorial: Congress may need to limit Indian Child Welfare Act (4/16)
Tribes gear up for big battle with Supreme Court's ICWA case (4/15)
Column: Supreme Court set to hear racially-tinged ICWA case (4/15)
ICT interview with Cherokee Nation attorney on ICWA dispute (4/11)
Supreme Court sets times for oral argument in ICWA dispute (4/2)
Turtle Talk: Guide to briefs in Supreme Court's ICWA dispute (3/29)
DOJ submits brief in support of Cherokee father in ICWA case (3/18)
Wisbar News: Possible brief in Supreme Court's ICWA dispute (3/8)
Tribes line up support as Supreme Court takes up ICWA dispute (3/6)
Blog: Supreme Court hears Cherokee Nation ICWA case in April (3/5)
Supreme Court to hear Cherokee Nation ICWA case on April 16 (02/14)
NYT Debate: Indian Child Welfare Act and the Supreme Court (01/25)
Supreme Court ruling could impact ICWA cases nationwide (1/14)
Analysis: Media fails in coverage of Cherokee ICWA dispute (1/14)
Supreme Court takes first Indian Child Welfare Act case in years (1/7)
Supreme Court considers petition in Cherokee Nation ICWA case (1/4)

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