Continuing Controversy in High Profile Indian Child Welfare Act Case

In June, the Prairie Law Blog reported on the U.S. Supreme Court opinion in Adoptive Couple v. Baby Girl.  Yet, experts opined that the Supreme Court ruling would likely not serve to end the controversy surrounding the custody of the child.

Despite other court orders requiring Brown to give the child to the South Carolina couple, the case is now before the Oklahoma Supreme Court, which issued the emergency stay, allowing Veronica’s father to keep her while arguments were heard in the case.   A court referee is expected to recommend whether the full Oklahoma Supreme Court should rule on which entity has jurisdiction in the case—South Carolina, Oklahoma or the Cherokee Nation.

 According to ABC News, although the Oklahoma Supreme Court has issued the emergency stay, Oklahoma Governor Mary Fallin has ordered Baby Veronica's biological father extradited to South Carolina to face felony charges for interfering with the custody of her adoptive parents. The Cherokee Nation Secretary of State Chuck Hoskin Jr. issued a statement criticizing Fallin's action as "an unnecessary overreach in authority," which violates Brown's right to due process as well as tribal authority.

For additional information on ICWA and tribal sovereignty issues, use the Law Library catalog to locate resources.

(This entry was originally written and posted by Darla Jackson)