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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/ .
#BabyVeronica: Cherokee Nation Files Forceful Response to Capobiancos' $1 Million Attorneys' Fees Suit
|November is Adoption Awareness Month|
Read more at http://indiancountrytodaymedianetwork.com/2013/11/23/cherokee-nation-files-forceful-response-capobiancos-1-million-attorneys-fees-suit-152405
Friday the Cherokee Nation came out swinging in their response to the
motion filed weeks ago in Nowata, Oklahoma county court in Adoptive Couple v. Baby Girl
in which Matt and Melanie Capobianco are seeking approximately $1
million in attorneys' fees and costs. Their recent filing in Oklahoma is
the second jurisdiction in which they have sought compensation in the
four-year custody battle that ended in September when Dusten Brown
relinquished his biological daughter to the Capobiancos after losing at
the United States Supreme Court in June. Immediately following the
child's transfer in September, the couple filed similar litigation in
South Carolina seeking roughly $500,000 in that state.
RELATED: Capobiancos Sue Dusten Brown for Nearly Half a Million in Fees
Cherokee Nation Mourns as Veronica Is Returned to Adoptive Family
In its 50-page response, the tribe bluntly told Nowata County Judge
Curtis DeLapp that it is not responsible for paying the fees and costs
for the Capobiancos because of its Eleventh Amendment sovereign immunity
from suits without its express consent. Additionally, the tribe said
that the statute under which the couple is seeking compensation, the
Uniform Child Custody and Jurisdiction Enforcement Act, is not
applicable to the tribe.
"Clearly, these people are trying to throw spaghetti at the wall in
whatever court they can find to see what's going to stick," said an
Oklahoma lawyer who declined to be identified because of the sensitivity
of the case. "But, several things immediately come to mind. First, the
tribe is a sovereign nation and cannot be sued without its express
consent - and to my knowledge the Cherokee Nation is not in the habit of
waiving their immunity. Second, this is a domestic case, one in which
both the Capobiancos and Dusten Brown were represented pro bono, which
was widely understood by everyone on both sides. To come after the fact
asking for fees that the adoptive couple would not have had to pay had
they lost, it then becomes a 'contingency' case. Contingency fees are
never awarded in domestic relations, so that's a null.
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.
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Did you know?
New York’s 40-year battle for OBC access ended when on January 15 2020, OBCs were opened to ALL New York adoptees upon request without restriction. In only three days, over 3,600 adoptees filed for their record of birth. The bill that unsealed records was passed 196-12.
According to the 2020 Census, 3.6% of Colorado's population is American Indian or Alaska Native, at least in part, with the descendants of at least 200 tribal nations living in the Denver metro area.
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.
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.
These Crapobiancos are a real piece of work.ReplyDelete