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Friday, January 9, 2015

Turtle Talk: Adoptive Couple v. Baby Girl #BabyVeronica


Baby Girl Materials, A Work in Progress . . .(will be updated)

Veronica with her parents Robin and Dusten Brown
Primary Sources
SCOTUS Opinion
Amicus Briefs in Adoptive Couple v. Baby Girl 
Birth Father and Cherokee Nation Briefs
South Carolina Opinion

Cases that cite Adoptive Couple v. Baby Girl
In re S.B.C. (Mont. 2014) (terminating father’s parental rights in an involuntary proceeding)
Native Villiage of Tununak v. State (Alaska 2014) (holding that the adoption preferences of ICWA didn’t apply if the preferred placement didn’t “formally” move to adopt the child)
In re J.S. (Mont. 2014) (applying the “continued custody” reasoning to a guardianship)
In re Elise W. (Cal. App. 2014)(discussing whether the case would change notice requirements when a parent never had custody)(unpublished case out of California’s First District)
In re T.S. (Okla. App. Ct. 2014)(discussing when active efforts must start, in light of 1922 and 1912(d))

Law Review and Bar Journal Articles
Jane Burke, The “Baby Veronica” Case: Current Implementation Problems of the Indian Child Welfare Act
Kristen Carpenter & Lori Graham, Human Rights to Culture, Family, and Self-Determination: The Case of Adoptive Couple v. Baby Girl
Christopher Deluzio, Tribes and Race: The Court’s Missed Opportunity in Adoptive Couple v. Baby Girl
Shreya A. Fadia, Adopting “Biology Plus” in Federal Indian Law: Adoptive Couple v. Baby Girl’s Refashioning of ICWA’s Framework
Harvard Law Review, Indian Child Welfare Act — Termination of Parental Rights — Adoptive Couple v. Baby Girl
Jessica Di Palma, Adoptive Couple v. Baby Girl: The Supreme Court’s Distorted Interpretation of the Indian Child Welfare Act of 1978
Carrie Garrow & Michelle E. Hollebeke, Adoptive Couple v. Baby Girl: A Summary
Alyosha Goldstein, Possessive Investment: Indian Removals and the Affective Entitlements of Whiteness
Robert S. Ingram III, Charleston Adoptive Couple Impacts Federal Adoption Law: Supreme Court of the United States Clarifies Parental Rights Under ICWA
Dustin C. Jones, Adoptive Couple v. Baby Girl: the creation of second-class Native American parents under the Indian Child Welfare Act of 1978
Jack Trope, Understanding the Supreme Court’s decision in Adoptive Couple v. Baby Girl
Marcia Zug, Two-And-A-Half Ways to Destroy Indian Law
Marcia A. Zug, The Real Impact of Adoptive Couple v. Baby Girl: The Existing Indian Family Doctrine is Not Affirmed, but the Future of the ICWA’s Placement Preferences is Jeopardized

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What our Nations are up against!

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Indian Country is under attack. Native tribes and people are fighting hard for justice. There is need for legal assistance across Indian Country, and NARF is doing as much as we can. With your help, we have fought for 48 years and we continue to fight.

It is hard to understand the extent of the attacks on Indian Country. We are sending a short series of emails this month with a few examples of attacks that are happening across Indian Country and how we are standing firm for justice.

Today, we look at recent effort to undo laws put in place to protect Native American children and families. All children deserve to be raised by loving families and communities. In the 1970s, Congress realized that state agencies and courts were disproportionately removing American Indian and Alaska Native children from their families. Often these devastating removals were due to an inability or unwillingness to understand Native cultures, where family is defined broadly and raising children is a shared responsibility. To stop these destructive practices, Congress passed the Indian Child Welfare Act (ICWA).

After forty years, ICWA has proven to be largely successful and many states have passed their own ICWAs. This success, however, is now being challenged by large, well-financed opponents who are actively and aggressively seeking to undermine ICWA’s protections for Native children. We are seeing lawsuits across the United States that challenge ICWA’s protections. NARF is working with partners to defend the rights of Native children and families.

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where were you adopted?

where were you adopted?