U.S. Supreme Court upholds Indian Child Welfare Act in Baby Girl case
RENO, Nev. – In a 5-4 decision in
Adoptive Couple v. Baby Girl, the U.S.
Supreme Court upheld the Indian Child
Welfare Act (ICWA) but reversed and
remanded this case back to the South
Carolina courts on a technicality.
The narrow decision announced
on June 25 focused on the standard to
determine whether this particular father’s
parental rights could be terminated.
Jefferson Keel, president of the
National Congress of American Indians
(NCAI), delivered the following state-
ment from the organization’s conference
in Reno:
“Today’s decision sends a clear mes-
sage that there is no question of ICWA’s
role as the most important law to protect
Native children and families. The decision
also affirms congressional authority to
protect Indian children.
“While we are pleased the court has
upheld ICWA, we’re very disappointed
for Dusten, Veronica and the Brown fam-
ily that the court has ruled to send the
case back to the South Carolina courts
on a technicality. However, the courts in
South Carolina have previously affirmed
that Dusten Brown is Veronica’s father
and that he is a fit parent. We are confident
that his parental rights will be upheld and
that Veronica will stay with her family.
“We remain committed to Native
families and we will continue to support
Dusten Brown’s fight for his rights as a
father and for Veronica to remain with
her loving father, grandparents and com-
munity. Dusten loves his daughter and
has never given up in this process, and
neither will we.”
Background
In mid-April 2013, the Supreme
Court justices considered an appeal by the
South Carolina couple and their lawyers
to the South Carolina Supreme Court
decision that held the following:
1. That it was in Veronica’s best interests
to be placed with her father
2. That ICWA applied and was not
unconstitutional
National Indian Child Welfare Association’s
statement on U.S. Supreme Court decision
We are relieved that the Indian Child Welfare Act was upheld today. This
opinion confirms that Congress retains the authority to protect Indian children.
The case has been sent back to the South Carolina Supreme Court based on a
technicality. Although we are deeply disappointed that this case is not over,
Dusten will continue to fight for his daughter and we believe that he will prevail.
Veronica will stay with her family.
Confederated Tribes of Siletz Indians
Annual Nesika Illahee Pow-Wow
August 9th-11th, 2013
Pauline Ricks Memorial Pow-Wow Grounds, Government Hill, Siletz, OR
Everyone Welcome!
Thursday, August 8 th
Royalty Pageant - 6pm
Friday, August 9 th
Memorials/Giveaways - Noon to 5pm
Presentation of Crowns - 6pm
Grand Entry - 7pm
Saturday, August 10 th
3. The “Existing Indian Family” doc-
trine was inapplicable as an excep-
tion to the application of the ICWA
in this case
4. That the father did not voluntarily
consent to the termination of his
parental rights or the adoption
5. The appellants failed to prove by clear
and convincing evidence that father’s
parental rights should be terminated
or that granting custody of baby girl
to father would likely result in seri-
ous emotional or physical damage to
baby girl.
In advance of the oral arguments, sup-
port for the position to uphold the lower
court rulings and the protections of ICWA
was characterized as historic.
U.S. Solicitor General Donald Verrilli
and 19 states and state attorneys general
were joined by a large array of groups
that submitted 24 separate briefs. Not
one state submitted briefs in support of
the adoptive couple.
The overwhelming support included
17 former and current members of
Grand Entry - 1pm & 7pm
Sunday, August 11 th
Grand Entry - Noon
Salmon Dinner
All Dancers & Drummers Welcome
Drummers, Please Bring Your Own Chairs
Categories
The Nesika Illahee Pow–Wow is a drug and
alcohol free event. We are not responsible for
accidents, lost or stolen items, break–ups or
fry bread melt downs.
Golden Age, Adult, Teen and Youth
Each category pays 5 places.
Vendor registration is required.
• Team Dance
Camping fee $25; $5 pet fee / per pet
(camping area)
Camp Grounds open Thursday at 7am
For more information call
800-922-1399
Buddy Lane Ext. 1230
Nick Sixkiller Ext. 1757
18
•
Siletz News
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Specials
• Women’s Basketcap (Open)
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•Women’sAll-Around
•StansonYazzieMen’sAll-Around
(Grass, Fancy, & Chicken
18 years and older)
July 2013
Two national Tribal amicus briefs
were submitted. The first, which focused
on the legislative history and impor-
tance of ICWA, was submitted by the
Association on American Indian Affairs,
NCAI and the National Indian Child
Welfare Association (NICWA). They
were joined by 30 Indian Tribes and five
Indian organizations.
A second national Tribal amicus brief
addressed the constitutional issues raised
by the petitioners and also included 24
Tribal nations and organizations. The
members of the Tribal Supreme Court
Project – the Native American Rights
Fund and NCAI, in partnership with
NICWA – joined together to organize the
briefs in support of the father.
Summer food safety: Handle food
carefully during picnics, barbecues
From Adrienne Crookes, Community
Health Advocate
Foodborne illness is common during
the summer months when warm tempera-
tures promote bacterial growth.
Pregnant women, young children,
older adults and people with AIDS, cancer
and other diseases that affect the immune
system are particularly susceptible.
Moist, protein-rich foods (such as
fried chicken, roast beef, ham, baked
beans, potato and pasta salads, deviled
eggs and cream pies) need to be handled
carefully. To keep picnic food safe to eat,
keep these hints in mind.
Source: extension.oregonstate.edu/lane
Barbecuing
Buy perishable foods last and get
them home right away. If you’re on your
way to the picnic site, put them right into
a portable ice chest or insulated bag with
coolants (You can make your own ice
pack by freezing water in a milk carton).
Never leave perishable food in a hot car.
Cook meat and poultry thoroughly
to destroy bacteria that grow in animals’
intestinal tracts. Ground meat should be
well-done (brown throughout). Poultry
shouldn’t be pink. For a backyard barbe-
cue, meat can be partially cooked in the
oven or microwave just before grilling.
Don’t spread bacteria from raw meat
and poultry to other food. Wash your
hands after handling meat and poultry.
Use clean plates and utensils when you
take the cooked meat and poultry off
the grill.
Picnic Setup
Handling Leftovers
Cleanliness is as important at the pic-
nic site as it is at home. If running water
won’t be available, take soap and a jug of
water along. Everyone should wash their
hands before preparing food. Disposable
hand wipes can be used if you’ll be hiking
some distance from your vehicle.
Perishable food shouldn’t be held
at lukewarm temperatures (40 to 140
degrees F) longer than 2-3 hours. Put it
back into the cooler as soon as you finish
eating. Don’t leave the food out when you
go for a swim or a hike. If perishable foods
haven’t been kept at the right temperature,
throw leftovers out. It’s not safe to save
them for another meal at home.
When you won’t have a way to keep
perishable picnic food cold, choose foods
that don’t need refrigeration. Canned
and dried foods are good choices. These
include canned tuna or Vienna sausages,
corned beef, peanut butter, nuts, raw
or dried fruits, raw vegetables, bread,
crackers, cookies, canned pudding and
packaged snacks.
Picnic Shopping
Parade - 10am
Dance Competition Points awarded
for Parade Participation
Congress; Casey Family Programs; the
Children’s Defense Fund and 16 other
child welfare organizations; the American
Civil Liberties Union; broad coalitions of
psychology associations, child advocates
and legal experts; adult American Indian
adoptees; and Tribal amicus briefs that
included 333 American Indian Tribes.
Microorganisms can cling to raw
fruits and vegetables. Be sure to wash
the fruits and vegetables at home or at the
picnic site before you eat them.
Keep perishable food cold until
you’re ready to serve it. When possible,
put the cooler in the shade and keep the lid
on it. Plan to eat the food soon (preferably
within an hour or two).