NCAI, NARF, NICWA announce plans to file civil rights suit in 'Baby Veronica' case

WASHINGTON – Three of Indian Country’s largest organizations are preparing to intervene in the on-going “Baby Veronica” saga.
At a press conference Monday, representatives from the National Congress of American Indians, the Native American Rights Fund and the National Indian Child Welfare Association announced plans to file a civil rights lawsuit if the South Carolina Supreme Court does not reconsider last week’s decision to terminate Cherokee Nation citizen Dusten Brown’s parental rights without a “best interest” custody hearing.

“When it comes to adoption proceedings, 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,” NCAI Executive Director Jacqueline Pata said. “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.

“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 American 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.”

The South Carolina Supreme Court gave Brown and the Cherokee Nation five days to file a petition for rehearing. John Echohawk, the executive director of the Native American Rights Fund, confirmed that those requests would be filed before the close of business Monday. If the court dismisses the petition and orders the family court to finalize the adoption, then the three organizations will file their lawsuit in an undetermined federal court to enjoin the state courts from finalizing the order until a best interest hearing is held.

“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,” Echohawk said. “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 peoples are being undermined.”

While the Tahlequah, Okla., based tribe said it welcomes the support from NICWA, NARF and NCAI, a representative for the Cherokee Nation said it was “too early to tell” whether the tribe would be a party to the organizations’ proposed lawsuit.

The announcement comes on the heels of Brown’s wife and parents being awarded temporary joint custody of the girl in tribal court. Brown, an Iraq War veteran, was deployed Monday for mandatory National Guard training.

“Dusten Brown is an Iraq combat veteran who has fought as tirelessly for his child as he did for our country,” Cherokee Nation assistant Attorney General Chrissi Ross Nimmo said. “That fight began the day he learned of the birth mother’s plans to place his child for adoption and continues today. Since regaining custody, he has created a loving, safe and nurturing environment for Veronica. This temporary guardianship order is just another step Dusten has taken to ensure his daughter is always well cared for should something happen to him as he is serving his country during this mandatory military training assignment.”

Nimmo confirmed that Wednesday’s tribal court order was among the factual issues raised in the Cherokee Nation’s rehearing petition, but declined to elaborate on any of the other factual issues raised in the filings from the tribe or Brown. She did acknowledge that if ignored by the South Carolina Supreme Court, the tribal court’s order could potentially throw another kink in a custody fight that has already had plenty of unusual twists and turns.

“If the South Carolina Supreme Court orders finalization…it makes this complicated case even more complicated. In addition to the guardianship order from Cherokee Nation, we still have pending proceedings in Oklahoma district court that were dismissed in half of a sentence.

“It makes it a very messy case going forward.”