Veronica, 3, with her father Dusten Brown (Suzette Brewer)

Cherokee Nation Blasts Court Reversal in Baby Veronica Case

ICTMN Staff
7/25/13

Yesterday the South Carolina Supreme Court denied petitions for rehearing in the case of Adoptive Couple v. Baby Girl, filed by both the Cherokee Nation and Cherokee Nation citizen Dusten Brown. Brown is an Iraq combat veteran who has raised his daughter for more than a year and a half inside the Cherokee Nation community of Nowata, Oklahoma. Brown is currently out of state at mandatory National Guard training.

“It is a travesty that this court would refuse to hold a hearing to determine what is in this Cherokee child’s best interests, and summarily move to terminate this fit and loving father’s parental rights with no new evidence presented in nearly two years,” said Cherokee Nation Principal Chief Bill John Baker. “It is heartbreaking that Veronica Brown’s rights are being ignored. We have, and always will, stand steadfast with the Brown family in their continued fight to raise this child with her biological family. We ask for your prayers as the Brown family continues this difficult journey.”

The Cherokee Nation and Brown pleaded with the court to hold a new best interests hearing for “Baby Veronica,” since the justices have considered no new evidence since September 2011. At that time, the courts found Veronica’s best interests were served by placing her with her biological father, Brown.

“We are gravely disappointed that the South Carolina Supreme Court has denied our petition for rehearing. It’s troublesome that, with no new evidence presented in nearly two years, the court would reverse its prior decision, which stated that Baby Girl’s interests were best served by residing with her biological father,” said Cherokee Nation Assistant Attorney General Chrissi Nimmo. “This child has been living in a healthy, loving and nurturing home with her father and stepmother for more than a year and a half.  She is surrounded by a loving extended family, which includes her grandparents, sister and cousins. Dusten has always been found to be a fit and loving father, yet the South Carolina Supreme Court considered none of these factors, including the father/daughter bond they have developed over the last 19 months. This court has reversed itself based on the same evidence it used to award custody to Dusten Brown nearly two years ago. We find this extremely troubling and are currently evaluating our next steps.”

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icwasupporter's picture
icwasupporter
Submitted by icwasupporter on
Dusten Brown has been raising his biological daughter for the past year and a half. The child's biological mother surrendered the child at birth, she should be out of the picture now instead of trying to file a lawsuit against The Indian Child Welfare Act with several other women who are not Native American. I had a custody battle ( myself and my daughter are both registered members of The Cherokee Nation in Tahlequah ) similar to this one.... Cherokee Nation did not seem very interested at that time in helping me to get my child back. I am glad to see they are finally trying with all that they have to help this man retain his child. During my own custody battle I noticed that the courts do not understand the I.C.W.A. nor do they care to, which means at least in my case it was all but  ignored. It seemed that those with my most money win....the other party in my case was white and had money.....and they did win. It is my hope and prayer that Cherokee Nation will not back down from Dusten's fight. It makes no sense that an unrelated white couple outside of the state of Oklahoma would be able to take a biological daughter and rip her from the loving arms of her biological family. Is that in the child's best interest ? The pre-adoptive couple needs to move on if they really love Veronica and let her be.

icwasupporter's picture
icwasupporter
Submitted by icwasupporter on
This sentence ( It seemed that those with my most money win ) should have read It seemed that those with the most money win. Sorry about the typo.

Veronica Merritt
Veronica Merritt
Submitted by Veronica Merritt on
I am so upset by this case, I hope you don't mind I made a page on facebook "The Capobiancos are Kidnappers"...this story upsets me so much, maybe because my own name is Veronica? I don't know why I am taking it so personally, but as a parent, I couldn't imagine if my husband and I split up and he gave away my children without my permission and the law allowed it, just the thought of what is happening to this family sickens me, Baby Veronica belongs with her real daddy! Adoption is a great thing for children with no families, it is WRONG when the family wants their child!! The Capobiancos are horrible, selfish people!

nesha's picture
nesha
Submitted by nesha on
I feel that no child should be taking from their real parents. I an a aren't and mychildren were taking from me and did all I was supse to do to keep them to and somehow they still got them and I'm still going fight to get them back I have cherokee in my blood and family can you help me on what more I need to do and any information that may help
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