Baby Veronica Case - Reference Guide

2 volume set located in Reference Office. In particular, see Title 10 Children, Chapter 1B Indian Child Welfare Act, Sections 40 through 40.10. Please be aware other tribes will have their own codes of laws. You may also research the Cherokee Nation Code online at the Cherokee Nation Legislative Research Center.

Act Nov. 8, 1978, P.L. 95-608, § 1, 92 Stat. 3069, provided: "This Act [25 USCS §§ 1901 et seq.] may be cited as the \'Indian Child Welfare Act of 1978\'.".

Index to relevant state statutes. Scroll down to Chapter 1B. Link will open in citationized window.

Index to relevant state statutes. Link will open in citationized window.

Index to relevant state statutes. Link will open in citationized window.

Title 340. Department of Human Services, Chapter 75 Child Welfare, Subchapter 19 Working with Indian Children. Oklahoma Administrative Code 340:75-19-23.

27-16-80(G) Tribal Courts- ICWA applies to Catawba Indian Children;
63-9-75 - Final Hearing in Adoption Proceedings, interpreted by Adoptive Couple v. Baby Girl;
63-9-310- Persons who much give consent or relinquishment, interpreted by Adoptive Couple v. Baby Girl; and
63-15-306 - Indian child proceedings exempt from Uniform Child Custody Jurisdiction and Enforcement Act.

Link to unannotated version of statute. Persons to be notified of adoption proceedings are at Section 63-9-730.

Abuse, neglect, or abandonment proceedings or pending adoptions. Grounds for termination are Section 63-7-2570.

Chapter 7 includes references to Native American children. Please see section 723 Cases involving Indian (Native American) children, pp. 66-67 and section 754 Indian Child Welfare Act, pp. 166-177.

2 page brochure outlining steps and contact information for ICWA compliance for foster care and adoption procedures in New York State.

Holdings: The United States Supreme Court, Justice Alito, held that:
1 Indian Child Welfare Act (ICWA) section conditioning involuntary termination of parental rights for Indian child on a showing regarding merits of continued custody of child by parent does not apply where Indian parent never had custody;
2 ICWA section providing that party seeking to terminate parental rights to Indian child under state law shall satisfy court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent breakup of Indian family and that these efforts have proved unsuccessful does not apply where Indian parent abandoned Indian child prior to birth and child had never been in Indian parent's legal or physical custody; and
3 ICWA section providing placement preferences for adoption of Indian children does not bar a non-Indian family from adopting an Indian child when no other eligible candidates have sought to adopt the child.

Lists the questions presented, dates, proceedings and orders, and the amici curiae briefs.

134 S.Ct. 32, No. 13A115, August 2, 2013. Petition for stay of order finalizing adoption and termination of Respondent's parental rights.

Order denying motion for temporary restraining order and for request for best interests hearing.

Complaint for declaratory judgment filed by birth mother Maldadano and others seeking to declare portions of the Indian Child Welfare Act unconstitutional. Case closed on January 27, 2014.

In one of the few earlier cases interpreting the ICWA, the Supreme Court, Justice Brennan, held that: (1) though term “domicile” in key jurisdictional provision of Indian Child Welfare Act was not statutorily defined, Congress did not intend for state courts to define that term as matter of state law, and (2) children were “domiciled” on reservation within meaning of Act's exclusive tribal jurisdiction provision even though they were never physically present on reservation themselves, and Chancery Court was without jurisdiction to enter adoption decree even though children were “voluntarily surrendered” for adoption.

South Carolina Supreme Court decision awarding the biological father custody. Appealed to US Supreme Court.

On remand from US Supreme Court, the South Carolina Supreme Court remanded to Family Court to enter an order of adoption.

404 S.C. 490, 746 S.E.2nd 346, Appellate Case No. 2011-205166. Respondents Brown and Cherokee Nation filed Motion for reconsideration following SC Supreme Court, upon remand from US Supreme Court, order to Family Court to finalize adoption. Motion was denied.

Oklahoma State Supreme Court Order declining original jurisdiction and dissolving emergency stay. Extensive written dissenting opinion. No. 112116, September 23, 2013, 312 P.3rd 918 (Mem).

Motion filed in Nowata County District Court in Adoptive Couple case seeking fees and costs. Adoptive Couple, Plaintiffs, v. Baby Girl, a minor under the age of fourteen years, Birth Father, and the Cherokee Nation, Respondents. Nowata County District Court, State of Oklahoma, Case No. FA-2013-4. Case is remaining pending lawsuit.