"An American Indian child at the center of a custody suit that went
to the U.S. Supreme Court should be returned to the Charleston-area
couple seeking to adopt her, South Carolina's highest court ruled on
Wednesday. In a 3-2 decision, the state Supreme Court ruled that
Matt and Melanie Capobianco are the only party properly seeking to
adopt the 3-year-old girl named Veronica in South Carolina and
ordered a Family Court to finalize the couple's adoption."
(07/17/13)
COLUMBIA, S.C. —
An American Indian child at the center of a custody suit that
went to the U.S. Supreme Court should be returned to the
Charleston-area couple seeking to adopt her, South Carolina's
highest court ruled on Wednesday.
In a 3-2 decision, the state Supreme Court ruled that Matt
and Melanie Capobianco are the only party properly seeking to
adopt the 3-year-old girl named Veronica in South Carolina and
ordered a Family Court to finalize the couple's adoption.
"We are thrilled that after 18 long months, our daughter
finally will be coming home," the couple said in a statement
Wednesday. "We look forward to seeing Veronica's smiling face in
the coming days and will do everything in our power to make her
homecoming as smooth as possible. We also want to thank everyone
who has supported us throughout this ordeal. Our prayers have
been answered."
South Carolina courts originally said the 1978 Indian Child
Welfare Act — a federal law intended to keep Indian children
from being taken from their homes and typically placed with
non-Indian adoptive or foster parents — favored her living with
her biological father, Dusten Brown.
A member of the Cherokee Nation, Brown had never met his
daughter and, after the girl's non-Indian mother rebuffed his
marriage proposal, played no role during the pregnancy and paid
no child support after the girl was born. But when Brown found
out Veronica was going to be adopted, he objected and said the
law favored the girl living with him and growing up learning
tribal traditions.
Brown took custody in 2011 and has been living with his
daughter in Oklahoma since then.
But the Capobiancos — who were present at the girl's birth
and raised Veronica for the first 27 months of her life —
appealed that decision to the U.S. Supreme Court. Last month,
the nation's high court ruled that South Carolina courts should
decide who gets to adopt the girl, a determination the state
court made Wednesday.
"We think the Supreme Court plainly contemplated an
expeditious resolution of this case, and we believe the facts of
this case require it," the South Carolina high court wrote,
ordering a Family Court to finalize the Capobiancos' adoption
and to terminate Brown's parental rights. "There is absolutely
no need to compound any suffering that Baby Girl may experience
through continued litigation."
Earlier this month, Brown filed a petition to adopt the child
in Oklahoma.
"As you can imagine, we are shocked and saddened at this
development," John S. Nichols, a South Carolina-based attorney
for Brown, wrote in an email. "There is no mention, or apparent
consideration, in the majority decision of the child's best
interest, as the dissenters point out."
Separately, Justices Costa Pleicones and Don Beatty wrote
that, while the case's details should be hammered out in Family
Court, the transfer of the girl should be handled delicately so
as to be least disruptive to her.
"The majority orders the immediate transfer of the child, no
longer an infant or toddler, upon the filing of the family
court's adoption order, without regard to whether such an abrupt
transfer would be in the child's best interest," the two
justices wrote. "This is a situation where the decisions that
are in the best interests of this child, given all that has
happened in her short life, must be sorted out in the lower
court(s)."
Any parties that want the court to rehear the case have five
days to make that request.
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Kinnard can be reached at http://twitter.com/MegKinnardAP