How to Use this Blog

Howdy! 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.

ALSO, if you buy any of the books at the links provided, 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.

2017: 3/4 million Visitors/Readers! This blog was ranked #49 in top 100 blogs about adoption. Let's make it #1...

Search This Blog

Standing Rock

Wednesday, July 31, 2013

Civil Right Complaint Filed in #BabyVeronica Dispute

Posted by Turtle Talk

Complaint here.
NCAI press release:
Federal Civil Rights Lawsuit Filed on Behalf of Veronica Brown
Statement of Support Issued by Tribal Governments and Leading Native American, Civil Rights, Child Welfare and Legal Advocates along with Arizona and New Mexico State Attorneys General to Stop Violation of “Baby Veronica’s” Civil Rights by South Carolina Courts
Washington, DC (July 31, 2013) - Today, the Native American Rights Fund filed a complaint in the United States District Court in South Carolina 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. The filing comes after the South Carolina Supreme Court issued two controversial orders to the state’s family court on July 17 and 24, calling for the removal of Veronica from her father and a transfer her to the adoptive couple without a hearing of best interest.
The lawsuit was supported in a national statement released today by a broad coalition of civil rights, child welfare, adoption advocates, legal authorities, tribal governments, and Native American advocacy groups. These groups and individuals joined with the National Congress of American Indians, Native American Rights Fund, and National Indian Child Welfare Association in releasing the national statement of support for Veronica’s civil rights, and the rights of all children, to a hearing of best interest.
The litigation was filed on behalf of Veronica, by Angel Smith, an attorney appointed as counsel for the child by the courts of the Cherokee Nation, in U.S. District Court in South Carolina, and asks the Court to determine whether Veronica has a constitutionally protected right to a meaningful hearing in the state courts to determine what is in her best interests. Furthermore, the litigation asserts that Veronica, as an “Indian child” under the Indian Child Welfare Act, has a federally protected right to have the state courts fully consider and appropriately weigh her best interests as an Indian child. Daniel E. Martin, Jr., the judge for the family court system of South Carolina, is named as the defendant in the suit.
According to the filing, Veronica “doubtless has a liberty interest in remaining with her father and such an interest justifies at a minimum a plenary hearing on her current status, her relationships with others and her genuine need for stability… Despite the finding of the family court and the implicit assumption by the Supreme Court of South Carolina that [Veronica’s] best interest would be served by being with her father, two years later the court now determines, despite the passage of time and [Veronica’s] stage of development at age four, that her ‘best’ interests will now be served by being removed from him and given back to the adoptive couple. Again, this order is without any consideration to the present circumstances, psychological and emotional well-being, and future impact on [Veronica]. This is an arbitrary result, depriving [Veronica] of any opportunity to be heard on her own behalf, irrespective of the competing interests of the adult litigants in her young life.”
Broad National Support for the Litigation
Also today, on behalf of broad coalition of civil rights, child welfare, legal authorities, tribal governments and Native American advocacy groups, the National Congress of American Indians, along with the Native American Rights Fund and the National Indian Child Welfare Association released a national statement of support for Veronica’s civil rights to be upheld. The statement of support has been endorsed by a broad coalition of tribal governments, state and federal legal authorities including two state attorneys general – Arizona and New Mexico – civil rights institutions such as the Leadership Conference on Civil and Human Rights, child welfare and adoption organizations including the Child Welfare League of America, and leading national and regional Native advocacy organizations representing the interests of almost every tribe located within the United States (see full list below).
According to the letter:
[T]he rights promised to our children are being compromised in the courts of the State of South Carolina … The recent [South Carolina Supreme Court] ruling in the case denies the basic fundamental right of an almost four-year-old Indian child to a hearing of her ‘best interests’ before removing her from her biological father after almost two years of child-rearing, bonding and establishing a loving home environment. Plainly stated, this is a denial of Veronica’s human rights and constitutional rights to due process as a citizen of the United States.
The following organizations and individuals have signed on to the letter of support for the civil rights lawsuit being filed on behalf of Veronica: Read more of this post

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.

Every. Day.

Every. Day.
adoptees take back adoption narrative and reject propaganda

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.

Three Years already

Join!

National Indigenous Survivors of Child Welfare Network (NISCWN)

Membership Application Form

The Network is open to all Indigenous and Foster Care Survivors any time.

The procedure is simple: Just fill out the form HERE.

Source Link: NICWSN Membership

Customer Review

Thought-provoking and moving 11 October 2012
Two Worlds - Lost children of the Indian Adoption Projects

If you thought that ethnic cleansing was something for the history books, think again. This work tells the stories of Native American Indian adoptees "The Lost Birds" who continue to suffer the effects of successive US and Canadian government policies on adoption; policies that were in force as recently as the 1970's. Many of the contributors still bear the scars of their separation from their ancestral roots. What becomes apparent to the reader is the reality of a racial memory that lives in the DNA of adoptees and calls to them from the past.
The editors have let the contributors tell their own stories of their childhood and search for their blood relatives, allowing the reader to gain a true impression of their personalities. What becomes apparent is that nothing is straightforward; re-assimilation brings its own cultural and emotional problems. Not all of the stories are harrowing or sad; there are a number of heart-warming successes, and not all placements amongst white families had negative consequences. But with whom should the ultimate decision of adoption reside? Government authorities or the Indian people themselves? Read Two Worlds and decide for yourself.

Read this SERIES

Read this SERIES
click image

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.

Our Fault? (no)

Leland at Goldwater Protest

#defendicwa

A photo posted by defendicwa (@defendicwa) on