SUBSCRIBE

Get new posts by email:

How to Use this Blog

CHANGES to format AGAIN - click older posts!
BOOZHOO! We've amassed tons of information and important history on this blog since 2010. If you have a keyword, use the search box below. Also check out the reference section above. If you have a question or need help searching, use the contact form at the bottom of the blog.

PLEASE follow this website by clicking the button above or subscribe.

We want you to use BOOKSHOP! (the editor will earn a small amount of money or commission. (we thank you) (that is our disclaimer statement)

This is a blog. It is not a peer-reviewed journal, not a sponsored publication... The ideas, news and thoughts posted are sourced… or written by the editor or contributors.

Blogger forced a change to our design so please SCROLL past the posts for lots more information.

Support Info: If you are a Survivor and need emotional support, a national crisis line is available 24 hours a day, seven days a week: Residential School Survivor Support Line: 1-866-925-4419. Additional Health Support Information: Emotional, cultural, and professional support services are also available to Survivors and their families through the Indian Residential Schools Resolution Health Support Program. Services can be accessed on an individual, family, or group basis.” These & regional support phone numbers are found at https://nctr.ca/contact/survivors/ . THANK YOU MEGWETCH for reading

NEED HELP WITH AN ADOPTEE SEARCH? Have questions? Use comment form at the bottom of this website.

email: tracelara@pm.me

SEARCH

Monday, July 22, 2013

#BabyVeronica Press Release

  National Native Organizations Announce Pursuit of
Civil Rights Lawsuit for Baby Veronica

Lack of hearing to determine best interest driving concerns of child’s rights violations
 
Washington, DC – Three of the nation’s leading tribal organizations announced today they are in the early stages of pursuing litigation to protect the civil rights of Veronica Brown, a citizen of the Cherokee Nation who has been denied due process in the South Carolina courts.
 
Late Wednesday of last week the South Carolina Supreme Court issued a controversial order to the state’s family court calling for an expedited transfer of custody to the South Carolina-based adoptive couple without a hearing of best interest for Veronica.   It is standard procedure that adoption proceedings require a hearing to determine the best interest of the child in advance of any transfer proceedings, an essential step the South Carolina Supreme Court failed to take, thus denying Veronica the right to have her best interests considered.
 
Leaders of the Native American Rights Fund (NARF), National Congress of American Indians (NCAI), and National Indian Child Welfare Association (NICWA) said they were compelled to begin a process to represent the rights of Veronica in the situation, based on the Court’s order.
 
“When it comes to adoption proceedings, every court in this country has a legal obligation to put the best interests of a child first – every time, no matter the race of the child. This did not happen here. The South Carolina Court’s order represents a perilous prospect for not only Veronica, but any child involved in a custody proceeding in this country,” said Jacqueline Pata, Executive Director of NCAI.  “In a rush to judgment, the South Carolina Supreme Court ordered Veronica to be removed from her biological father without any consideration for her best interests.  The decision contributes to the long and sordid history of Native American children being removed from their families without any consideration of their best interests. The National Congress of American Indians refuses to stand by as the rights of this child are violated.”
 
Terry Cross, Executive Director of the National Indian Child Welfare Association outlined the history of best interest determinations within the case and how they run contrary to the order issued by the court last Wednesday:
 
“Two years ago, both the South Carolina Supreme Court and Family Courts held best interest hearings and determined that it was in Veronica’s best interest to be with her father and that he was fit parent,” said Cross. “As a result the South Carolina Supreme Court transferred custody to Mr. Brown. The legal system worked then, but it is being ignored now. It is unconscionable that no best interest hearing has been held in conjunction with the latest transfer order. Every child deserves to have his or her best interests considered – that is a fundamental right, and one that should not be denied any child.”
 
The previous ruling by the South Carolina Supreme Court, ruled in favor of the father establishing that putting Veronica in Brown’s care was in best interest. No best interest has ever been established for a transfer to the adoptive couple during the entire time of the case. The organization’s pointed to the court’s findings to favor Brown, thus leading to the placement (see original decision):
“The family court found persuasive the testimony that Father was a good father who enjoyed a close relationship with his other daughter…” (p.22)

“We can only conclude from the evidence presented at trial that Father desires to be a parent to Baby Girl, and that he and his family have created a safe, loving, and appropriate home for her….” (p.23)

“Likewise, 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.” (p.26)
Additionally, the presenters addressed the issue that certain provisions of the Indian Child Welfare Act no longer applied. Cross identified that in the court’s own decision in the original case it was stated that;
 
‘South Carolina courts have a long history of determining custody disputes based on the “best interests of the child.”…This important history is not replaced by the ICWA’s mandate.” (p.24)
 
The organization’s also highlighted the comments of Paul Clement the official representative for the child in the U.S. Supreme Court oral arguments, and the lawyer arguing for attorney for the Guardian Ad Litem, stating that if remanded back to the South Carolina Court there was every expectation that a hearing of best interest for Veronica must be held in order to uphold her rights;
 
“I’m here representing the guardian who represents the best interest of the child. From the child’s perspective, the child really doesn’t care whose fault it was when they were brought in one custodial situation or another. They just want a determination that focuses on at the relevant time, that time, what’s in their best interest. And so in the same way that we think if you rule in our favor and you remand to the lower court that there has to be a best interest determination that takes into account the current situation,” (p.24)
 
Click here to access the full transcript (p.24) and audio of this exchange between Clement and Justices. 
 
John Echohawk, Executive Director of NARF, the nation’s leading non-profit law firm which has represented the interests of Indians and Indian tribes in federal and state courts since 1970 outlined the next steps to be taken by the organizations:
 
As you know, the Supreme Court of South Carolina issued its order last Wednesday, and gave Dusten and the Cherokee Nation five (5) days to file their petitions for rehearing.  Those petitions will be filed today.
 
When, as anticipated, the Supreme Court of South Carolina denies those petitions for rehearing, its order will become final and this case will be remanded to the State Family Court [quote] “for the prompt entry of an order approving and finalizing Adoptive Couple’s adoption of Baby Girl” [end quote].  As reflected in the order, the courts of the State of South Carolina can summarily terminate Dusten’s rights as a father and—without any hearing on what is in the best interests of this Indian child—and without any regard for due process of law to protect her civil rights—can remove Baby Veronica from her Indian father, her Indian family, and her Indian tribe with whom she has been living with for the past 18 months.
 
As Executive Director of NARF, I have instructed my legal staff to work with local counsel in South Carolina and Oklahoma to determine our best legal recourse through the federal courts to protect the rights of Baby Veronica.  In this case, we strongly believe that federal civil rights laws are being violated, that other applicable provisions of the Indian Child Welfare Act are being ignored by the state courts, and that the principles underlying treaty and international law protecting the rights of indigenous peoples are being undermined.

No comments:

Post a Comment

Please: Share your reaction, your thoughts, and your opinions. Be passionate, be unapologetic. Offensive remarks will not be published. We are getting more and more spam. Comments will be monitored.
Use the comment form at the bottom of this website which is private and sent direct to Trace.


Happy Visitors!

They Took Us Away

They Took Us Away
click image to see more and read more

SIXTIES SCOOP NEWS

Blog Archive

Most READ Posts

Bookshop

Canada's Residential Schools

The religious organizations that operated the schools — the Anglican Church of Canada, Presbyterian Church in Canada, United Church of Canada, Jesuits of English Canada and some Catholic groups — in 2015 expressed regret for the “well-documented” abuses. The Catholic Church has never offered an official apology, something that Trudeau and others have repeatedly called for.

You are not alone

You are not alone

What our Nations are up against!

What our Nations are up against!

To Veronica Brown

Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so.

Did you know?

Did you know?
lakota.cc/16I9p4D

WATCH THIS

Diane Tells His Name


click photo

60s Scoop Survivors Legal Support

GO HERE: https://www.gluckstein.com/sixties-scoop-survivors

Lost Birds on Al Jazeera Fault Lines

Lost Birds on Al Jazeera Fault Lines
click to read and listen about Trace, Diane, Julie and Suzie

ADOPTION TRUTH

As the single largest unregulated industry in the United States, adoption is viewed as a benevolent action that results in the formation of “forever families.”
The truth is that it is a very lucrative business with a known sales pitch. With profits last estimated at over $1.44 billion dollars a year, mothers who consider adoption for their babies need to be very aware that all of this promotion clouds the facts and only though independent research can they get an accurate account of what life might be like for both them and their child after signing the adoption paperwork.

NEW MEMOIR

Original Birth Certificate Map in the USA

Why tribes do not recommend the DNA swab

Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

GOOGLE

In some cases, companies may even take it upon themselves to control the narrative according to their own politics and professed values, with no need for government intervention. For example: Google, the most powerful information company in the world, has been reported to fix its algorithms to promote, demote, and disappear content according to undisclosed internal “fairness” guidelines. This was revealed by a whistleblower named Zach Vorhies in his almost completely ignored book, Google Leaks, and by Project Veritas, in a sting operation against Jen Gennai, Google’s Head of Responsible Innovation. In their benevolent desire to protect us from hate speech and disinformation, Google/YouTube immediately removed the original Project Veritas video from the Internet. - https://desultoryheroics.com/2023/11/12/internet-censorship-everywhere-all-at-once

Google Followers