Siletz news /, August 01, 2013, Page 23, Image 23

Native organizations announce pursuit of civil rights lawsuit for Baby Veronica
Lack of hearing to
determine best interest
driving concerns of
child’s rights violations
WASHINGTON – Three of the
nation’s leading Tribal organizations
announced July 22 they are in the early
stages of pursuing litigation 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.
On July 17, the South Carolina
Supreme Court issued a controversial order
to the state’s family court calling for an
expedited transfer of custody to the South
Carolina-based adoptive couple without a
hearing of best interest for Veronica.
It is standard procedure that adop-
tion proceedings require a hearing to
determine the best interest of the child
in advance of any transfer proceedings,
an essential step the South Carolina
Supreme Court failed to take, thus deny-
ing Veronica the right to have her best
interests considered.
Leaders of the Native American
Rights Fund (NARF), National Con-
gress of American Indians (NCAI) and
National Indian Child Welfare Associa-
tion (NICWA) said they were compelled
to begin a process to represent the rights
of Veronica in the situation, based on the
court’s order.
“When it comes to adoption proceed-
ings, every court in this country has a
legal obligation to put the best interests
of a child first – every time, no matter
the race of the child. This did not happen
here. The South Carolina Court’s order
represents a perilous prospect for not
only Veronica, but any child involved in
a custody proceeding in this country,”
said Jacqueline Pata, executive director of
NCAI. “In a rush to judgment, the South
Carolina Supreme Court ordered Veronica
to be removed from her biological father
without any consideration for her best
interests. The decision contributes to the
long and sordid history of Native Ameri-
can children being removed from their
families without any consideration of their
best interests. The National Congress of
American Indians refuses to stand by as
the rights of this child are violated.”
Terry Cross, executive director of
NICWA, outlined the history of best-
interest determinations within the case
and how they run contrary to the order
issued by the court.
“Two years ago, both the South Caro-
lina Supreme Court and Family Courts
held best-interest hearings and determined
that it was in Veronica’s best interest to be
with her father and that he was a fit parent,”
said Cross. “As a result, the South Carolina
Supreme Court transferred custody to Mr.
Brown. The legal system worked then,
but it is being ignored now. It is uncon-
scionable that no best-interest hearing has
been held in conjunction with the latest
transfer order. Every child deserves to have
his or her best interests considered – that
is a fundamental right and one that should
not be denied any child.”
In its previous ruling, the South
Carolina Supreme Court ruled in favor
of the father, establishing that putting
Veronica in Brown’s care was in her best
interest. No best interest has ever been
established for a transfer to the adoptive
couple during the entire time of the case.
The organizations pointed to the court’s
findings to favor Brown, thus leading to
the placement:
•฀
•฀
•฀
“The family court found persuasive
the testimony that Father was a good
father who enjoyed a close relationship
with his other daughter …” (p.22)
“We can only conclude from the evi-
dence presented at trial that Father
desires to be a parent to Baby Girl,
and that he and his family have cre-
ated a safe, loving and appropriate
home for her ...” (p.23)
“Likewise, we cannot say that Baby
Girl’s best interests are not served
by the grant of custody to Father, as
Appellants have not presented evi-
dence that Baby Girl would not be
safe, loved and cared for if raised by
Father and his family.” (p.26)
Additionally, the presenters addressed
the issue that certain provisions of the
Indian Child Welfare Act no longer
applied. Cross identified that in the court’s
own decision in the original case, it was
stated that “South Carolina courts have
a long history of determining custody
disputes based on the best interests of
the child. … This important history is not
replaced by the ICWA’s mandate.” (p.24)
The organizations also highlighted
the comments of Paul Clement, the offi-
cial representative for the child in the
U.S. Supreme Court oral arguments and
the lawyer arguing for the guardian ad
litem, stating that if remanded back to
the South Carolina Court there was every
expectation that a hearing of best inter-
est for Veronica must be held in order to
uphold her rights:
“I’m here representing the guard-
ian who represents the best interest of
the child. From the child’s perspective,
the child really doesn’t care whose fault
it was when they were brought in one
custodial situation or another. They just
want a determination that focuses on at
the relevant time, that time, what’s in their
best interest. And so in the same way that
we think if you rule in our favor and you
remand to the lower court that there has to
be a best-interest determination that takes
into account the current situation,” (p.24)
John Echohawk, executive director of
NARF, the nation’s leading non-profit law
firm that has represented the interests of
Indians and Indian Tribes in federal and
state courts since 1970, outlined the next
steps to be taken by the organizations:
“As you know, the Supreme Court
of South Carolina issued its order last
Wednesday (July 17) and gave Dusten and
the Cherokee Nation five days to file their
petitions for rehearing. Those petitions
will be filed today.
“When, as anticipated, the Supreme
Court of South Carolina denies those peti-
tions for rehearing, its order will become
final and this case will be remanded to
the State Family Court ‘for the prompt
entry of an order approving and finalizing
Adoptive Couple’s adoption of Baby Girl.’
As reflected in the order, the courts of
the State of South Carolina can summar-
ily terminate Dusten’s rights as a father
and – without any hearing on what is in
the best interests of this Indian child and
without any regard for due process of law
to protect her civil rights – can remove
Baby Veronica from her Indian father, her
Indian family and her Indian Tribe with
whom she has been living with for the
past 18 months.
“As executive director of NARF, I
have instructed my legal staff to work
with local counsel in South Carolina and
Oklahoma to determine our best legal
recourse through the federal courts to
protect the rights of Baby Veronica. In
this case, we strongly believe that federal
civil rights laws are being violated, that
other applicable provisions of the Indian
Child Welfare Act are being ignored by
the state courts and that the principles
underlying treaty and international law
protecting the rights of indigenous peo-
ples are being undermined.”
Dorothy, tornados do come to Oregon!
for EmErgEnciEs in Tribal naTions
Preparing makes sense
get ready now
In the past, flooding, wildfires, volcanic eruptions, earthquakes, and severe
winter weather have threatened the Northwest Coastal and Plateau areas.
Now consider the possibility of home fires and even terrorist attacks. Are you
prepared to make it on your own for a few days in the event of an emergency?
recommended supplies for a basic Kit:
• Water, one gallon per person per day, for drinking and sanitation
• Food, at least a three-day supply of non-perishable food like
dried fruit, meat, or fish, protein bars, and canned goods
• Battery-powered or hand crank radio and a NOAA Weather
Radio with tone alert and extra batteries for both
• Flashlight and extra batteries
• Local maps
1. make a plan for what you will
do in an emergency.
2. get a kit of emergency supplies.
3. be informed about what might
happen.
learn more at ready.gov or 1-800-bE-rEaDY
• First Aid kit
• Whistle to signal for help
• Dust mask or cotton t-shirt to help filter the air
• Wrench or pliers to turn off utilities
• Can opener for food (if kit contains canned food)
• Plastic sheeting and duct tape to shelter in place
• Moist towelettes, garbage bags, and plastic ties for
personal sanitation
By Tiffany Stuart
The sky is getting dark and it’s silent
outside. All of sudden, hail starts to fall
from the sky.
If you have lived in the Midwest, you
know a tornado is coming when this hap-
pens. There are many signs that tell you
a tornado is coming. Where do you look
for them? In the sky.
The sky might change different col-
ors, the clouds might start swirling. Obvi-
ously if you see things flying down the
street, like your neighbor’s lawn chairs,
it’s time to get in the house.
In June, a tornado hit in McMinnville,
Ore. According to Sam Argier, KIRO 7 chief
meteorologist, “Oregon and Washington
both average three tornadoes a year.”
In the Midwest, many people have
basements, but not so much in the North-
west. Therefore, when you take cover during
a tornado, find an area that has no windows.
After 12 years of Kansas City, Kansas, pub-
lic school tornado drills, I know to cover
your head and get close to the ground.
It’s hard to predict sometimes what
weather the Creator is going to bring to
our land. So be ready:
•฀
•฀
•฀
Make a plan with your family.
Have an emergency kit.
Learn what to do in case of a tsunami,
earthquake and even a tornado.
emergency dental
visits available
Contact the Siletz Community
Dental Clinic if you experience dental
pain or a dental emergency. The staff
will do everything possible to see you
as soon as reasonably possible.
Check-in time is Monday-
Thursday from 8:30-9 a.m. and Fri-
day from 10-10:30 a.m. Afternoon
check-in time is Monday-Friday from
1-1:30 p.m.
August 2013
•
Siletz฀News฀
•
23