On Monday, a South Carolina court ruled that the little girl known as “Baby Veronica” at the center of a custody case should be returned to Charleston immediately. How and when that transfer will happen is still unclear. Here’s a brief history of the case and what these rulings mean for other adoptions.
Adopting Couple Lost Custody of Baby Veronica in 2011
Baby Veronica was born in Oklahoma in September 2009. Her biological father, Dusten Brown, was not in a relationship with the mother when she was born, and chose to give up paternal rights rather than financially support the child.
He was not properly notified of the impending adoption. When he found out, days before deploying to Iraq with the Army, he obtained a stay. By this time, Baby Veronica was already living with Matt and Melanie Capobianco of Charleston, South Carolina, whom her birth mother had selected to be the adoptive parents.
Brown is a member of the Cherokee Nation and laid claims to certain rights under the Indian Child Welfare Act (ICWA). The 1978 ICWA was created to prevent the forced removal of Native American children from their homes and thus help preserve tribal culture. The ICWA also described a procedure for Native American parents to give up parental rights and agree to adoption.
The Charleston County Family Court ruled in November 2011 that the ICWA was applicable to the case and stopped the adoption from taking place. Veronica had been living with the Capobiancos for 27 months when she was put in the custody of her birth father and returned to Oklahoma.
On appeal to the South Carolina Supreme Court, the Family Court’s decision was upheld. The Capobiancos then petitioned the U.S. Supreme Court to review the case in October 2012.
U.S. Supreme Court Rules on the Applicability of the ICWA
The Supreme Court accepted the case, Adoptive Couple v. Baby Girl, in January 2013 and heard oral arguments in April. In the decision, the issue was interpretation of the ICWA. Brown’s lawyers argued that the ICWA is applicable to any adoption case where one of the parents is a member of an Indian tribe. The opposing side argued that the ICWA is only applicable in select cases.
Justice Alito wrote for the court in the June 25th decision. The 5-4 ruling determined that the ICWA was not applicable in this case, as Brown was never a guardian of Veronica and never supported her before the adoption procedures began. She was adopted away from the home of her mother, who is not Native American. The ICWA is to be applied to cases for which it was originally intended, when children of Indian tribes are being removed from their homes by social workers or other government agents. The decision could impact adoptions of Native American children in the future, but will not affect other adoptions.
While the decision reversed the previous ruling that sent Veronica back to Oklahoma, it did not expressly rule that Veronica should be returned to the Capobiancos. The case was remanded back to the lower courts.
Lower Courts’ Decisions Favor the Capobiancos
In July, the South Carolina Supreme Court ruled 3-2 that the Capobiancos will get custody of Baby Veronica. The adoption was finalized, and a plan to transition the toddler from her home in Oklahoma back to South Carolina was created.
On Monday, the South Carolina Family Court ruled that the transition plan should be suspended and that Veronica should be placed with the Capobiancos right away. The judge cited the fact that Brown did not appear for a court-ordered visit as evidence that he was planning to go against the South Carolina Supreme Court’s decision. However, Brown was not able to appear, as he was training with the National Guard. The judge requested assistance from the U.S. Attorney’s Office to help find Veronica and return her to Charleston.
Last week, Brown issued a statement saying he would not let his daughter go back to South Carolina “voluntarily.” His appeal to Supreme Court Chief Justice John Roberts to grant a stay in the adoption was denied.
Biological Father Doesn’t Have Many Options Left
Brown may still have success challenging the adoption in Oklahoma courts, but it’s not likely. The main question now is how and when Veronica will be transitioned to her new home with the Capobiancos. The Supreme Court’s decision emphasizes the difficulty of balancing the letter of the law with what’s best for the child in custody cases like this.
