Native American Baby Veronica
Native American Baby Veronica
Dustin Brown’s decision
Native American Baby Veronica
Christy Maldonado’s decision
Native American Baby Veronica
Adoptive relationship
August 2009: Melanie and Christy begin speaking weekly. Melanie flew to Oklahoma to visit Christy. Christy and the Capobiancos filed paperwork is with agencies and attorneys.
Dusten’s first name was misspelled (“Dustin”), but Christy brought it to their attention. Christy is unaware of birth father’s exact birth date.
Native American Baby Veronica
Later Key Points
- Maldonado provided her attorney with father’s correctly spelled name and location and what she believed to be his date of birth.
- her attorney forwarded this information to Cherokee Nation in a letter dated August 21, 2009. She testified she knew father’s birthday was in October and that he was older than she was, so Father’s year of birth was sometime before 1982.
- During oral arguments at SC Supreme Court hearing, Cherokee Nation acknowledge only 8 members (out of 316,000+) have the same first and last name as birth father using both “i” and “e.”
Native American Baby Veronica
Baby Veronica adopted
Native American Baby Veronica
Adoption challenged
Native American Baby Veronica
Cherokee Nation intervenes
Oklahoma > South Carolina
Native American Baby Veronica
Indian Welfare Act
Native American Baby Veronica
Veronica Brown
In Brown’s Favor
Native American Baby Veronica
Supreme Court Appeal
Supreme Court decision
June 25, 2013: in Adoptive Couple v. Baby Girl, a Minor Child Under the Age of FourteenYears,the US Supreme Court decided 5 – 4 that a Native American child did not have to be taken away from her adoptive parents and given to her biological father. That decision simply allowed for the possibility of the Capobiancos adopting Veronica.
Native American Baby Veronica
Back to South Carolina
July 17, 2013: in a 3-2 decision the South Carolina Supreme Court awarded custody of Veronica Brown to Matt and Melanie Capobianco and ordered the lower family court to finalize the adoption.
More intervention
July 22, 2013: three of largest Native American organizations prepared to intervene.
At a press conference, 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 did not reconsider its decision to terminate Cherokee Nation citizen Dusten Brown’s parental rights without a “best interest” custody hearing.
July 31, 2013: the three Native American organizations filed a federal civil rights complaint on behalf of the now three-year-old Veronica.
The complaint argued that, “As a matter of law, the actions of the state courts of South Carolina have deprived the plaintiff (Veronica) of a meaningful opportunity to be heard on the matter of her current best interests before being transferred from her father to an adoptive couple.”
Native American Baby Veronica
Native American Support
More than 40 tribes, attorneys general, scholars and organizations signed a letter in support of the lawsuit, including the Inter-tribal Council of the Five Civilized Tribes, of which Veronica and Dusten Brown’s tribe, the Cherokee Nation, were a member.
Through a spokeswoman, the council released the following statement: “A severe injustice has been committed to an innocent Cherokee child and her loving family in Oklahoma. The Brown family, including Veronica, deserves their due process. They do not deserve to have their lives forever transformed by the South Carolina judicial system without cause or consideration. Indian children being removed from their families and homes is not a new story in Indian Country. Those dark days have reared their head again sadly in South Carolina. We will stand with Veronica, the Browns, and national tribal organizations fighting for fairness and justice.”
Veronica Brown continued to live with Dusten.
Native American Baby Veronica
August 2013
- August 6 – Judge Martin issued an enforcement order for Brown to immediately transfer Veronica back to her lawful parents and asked for assistance from law enforcement if needed.
- August 11 – Matt and Melanie Capobianco held a press conference in Charleston asking for help locating their daughter.
- August 12 – SC Governor Nikki Haley signs extradition warrant for Brown. “Gov. Haley has been working with law enforcement and the solicitor’s office to issue a requisition warrant today,” said spokesman Doug Mayer. “She stands in support of the Capobiancos and shares their desire to bring Veronica home safely.”
- August 13 – Brown turned himself into authorities in Sequoyah County, Oklahoma.
- August 13 – Matt and Melanie left for Oklahoma.
- August 14 – a press conference held at the Hyatt Regency in Tulsa. Immediately following the press conference, OK Governor Mary Fallin released a statement asking Brown to let Matt and Melanie see Veronica.
- August 15 – Matt and Melanie determined that the Cherokee Nation was hiding Veronica on tribal land and requested a writ of habeaus corpus in Cherokee County, Oklahoma.
- August 16 – Court hearing held in Cherokee County. Mediation is ordered and a gag order put in place.
- August 30 – Nowata County, Oklahoma recognized Veronica’s adoption. Biological father appeals to Oklahoma Supreme Court.
Native American Baby Veronica
Oklahoma Supreme Court
August 30, 2013: the Oklahoma Supreme Court granted an emergency stay to keep Veronica with Dusten Brown and planned to hear arguments from his lawyers and those of the girl’s adoptive parents.
- Sept. 4 – Governor Mary Fallin signed extradition warrant.
- Sept. 5 – Dusten Brown turned in himself and he is released on bail.
- Sept. 12 – Oklahoma Supreme Court assigned case to court of civil appeals.
- Sept. 16 – Mediation hearings begin in Tulsa, Oklahoma.
Veronica Capobianco
September 23, 2013: after the Oklahoma Supreme Court ruled it would not intervene, Veronica, now 4-years-old, handed over to Matt and Melanie Capobianco
Cherokee Nation spokeswoman Amanda Clinton confirmed the announcement via social media: “It is with a heavy heart that I can confirm Veronica Brown was peacefully handed over to Matt and Melanie Capobianco (this) evening,” she tweeted. “Updates will be forthcoming, but the transition was handled peacefully and with dignity by all parties. Please keep Veronica in your prayers.”
Native American Baby Veronica
Statement from Capobiancos
Native American Baby Veronica
Dusten Brown ends fight
October 10, 2013: Brown said he and the Cherokee Nation were dropping the legal fight to regain custody.
“I know we did everything in our power to keep Veronica home with her family,” Brown said in Oklahoma. “Veronica is only 4 years old, but her entire life has been lived in front of the media and the entire world. I cannot bear for [it to continue] any longer…. I love her too much to continue to have her in the spotlight. It is not fair for her to be in front of media at all times,” he said. “It was the love for my daughter that finally gave me the strength to accept things that are beyond my control.”
Bitter aftermath
November 26, 2013: Matt and Melanie Capobianco filed a motion to collect more than $1 million in attorneys’ fees from Brown and his tribe. Court documents filed by the Cherokee Nation state it would be “inappropriate, unreasonable and unconscionable” for the adopted parents of a 4-year-old Cherokee girl to seek the legal fees.
The Capobiancos dropped the suit in January 2016.
They stole that child, period. 9 more years.
The mother did what she thought was best for her baby, should have told the father yes, what is done is done
I guess we should all just “get over it”, huh. SMDH.
A child should have an opportunity to to be with their biological parent especially if they live a healthy lifestyle for their child. That his baby they need to have their own child. And native American Indian children should be with native American family. It bad enough we we’re killed almost to extinct. and our children stolen and beating in late 1800 early 1900s to speak and act a way that fit the non native people thought we should be, and forced to hide our believe in long houses. 2years old is young enough to where she would not be traumatized.. too bad non native American don’t acknowledged anything, but their own selfish feeling from beginning to end. We fight hard for the belief of our ancestors and fight hard to keep our children in our communities and our treaty rights. We should still be fighting in 2000s. What’s best for our children is our people
The mother did what she thought was best for herself. She received a new car, rent payments, and money to pay back child support she herself owed.
He didnt want to father this child, period. He was okay signing away his rights, periods. He refused to help raise this child period.
No you idiot, didnt you read the case? The birth mother lied to him and said she wanted him to sign his parental rights over to her so she could have custody since he was about to be deployed to Iraq for war in case he died. She never once told him it was because she was giving up their daughter for adoption.
Any adoption or child custody based on deceit and lies by the original parents only leads to emotional tragedy for the child. Dusten Brown is a very intelligent man with no mental deficiencies. He rejected his unborn child and all responsibility for her. He was not ” tricked;” he damn well knew what he was doing. He used ICWA as abargaining chip when he changed his mind.
If anyone stole that child its the non birth people. Veronicas father looks like a healthy man and every child deserves an opportunity to be with a biological parent. We fought hard for our life to almost Extinction. Our ancestors were taken from their homes as children beaten and forced not to speak their language and act and speak in a way that non natives felt we should be.. those days we cannot leave in the past especially if we still are put in situations like this.. that’s his child they should have there own child…. Oh! wait , I bet they can’t so they want that young mans child. We have s small Tribe and we fight everyday for our beliefs and even our language, my father has made the dialect to bring the language back to our people. Not only take our children, but shoved us of the land our creator put us on. If these people truely loved Veronica they would let her stay with her father. But wanting want you should not have and loving are two different things. Loving is letting go even how much it hurts. But if you have a child put your self in this man’s shoes!! I hope to our creator we as Native American Indians will someday keep us together… But it takes other’s to stop taking our children and lively hood away.
Yup
100 percent the Capobiancos are disgusting selfish colonizers just like their ancestors
The mother sold that child to a wealthy and well connected white family. It’s a story as old as this nation. The child and her father were both deprived of due process. The father never stood before a judge to abdicate his parental rights, as is required by both states. And a needs of the child hearing was never conducted to ensure her rights were secure and needs addressed. This was and continues to be a case of human child trafficking. She was stolen from her tribe and father, sold by a greedy mother, and taken by a barren couple with deep pockets to fill the void they felt in their lives. Veronica was never considered. The fading light of a diminished People was not considered. And a father’s right to love his child was ignored, belittled, and ultimately callously disregarded. The Capobianco family is pure scum and a salient example five years on of why we tribal citizens can’t “just get over” the genocidal history of European dominance.
I’m sorry you feel that way. But as a white, adoptive mother, I can assure you that the Capobianco’s love that little girl. Just because they are barren and could afford a private adoption (if that was the case) does not make them scum. They just want to love and raise that little girl. Why did he give his rights away when the birth mother was pregnant? He didn’t want the responsibility. Well, actions have consequences.
They did not get the permission of the Native American nation. They did not get the fair signature for the dad to consent to the adoption. That story is different from the one listed here. Can’t wait for the child to grow up and read what happened to her. The SCOTUS decided the man wasn’t Indian enough. It was a wrong decision.
Please let me know of any of the post’s errors or needed additions. An associated date would be great as well. Thanks.
Always looking to be accurate and complete.
Mr. Brown’s first name is spelled Dusten not Dustin.
Thank you. Corrected. Made the same mistake as the Court. No excuse.
That’s not true. The father signed away his parental rights.
He was tricked into signing because he truly believed it was in the baby’s best interest at the time. He was being deployed to Iraq. Why is everyone so quick to assume a father doesn’t want his own baby? But what’s he supposed to do when the mother pushes him away? She called off their engagement, not him. He wanted that baby from day one! Well, at least Veronica knows who her daddy is, so she can choose to have a closer relationship with him when she’s 18.
They are scum. He did want the responsibility. Read the court documents. Adoptive buyers of human flesh are the most selfish evil people on the planet.
Peggy,
As a white adoptee, you sound like every other entitled adopter I’ve ever met, including my own adoptive parents. Just because you have money to adopt doesn’t mean you should. If you’re barren maybe God got it right the first time and you shouldn’t meddle with His plans by buying a kid. You’re not any better a parent of some one else’s child than they are just because you have more money, you narcissistic twit.
Maybe it’s God’s plan? That is off the scale in terms of cruelty. Every time I hear it opined that bad things are God’s plan I want to punch the lights out of the person who says it.
Good for you, Dorian Zodrow.,It is not only the height of cruelty, but also blasphemy, to say someone’s illness or infertility is punishment from God. One adoptee even said she wished infertility were uniformly FATAL(!) That makes you realize that some adoptees went to the wrong parents, to wind up with such vicious minds. My adoptee friends all adored their adoptive parents and deeply mourned them when they passed in the fullness of time. Not all adoptions are bad. You just don’t here much from the happy adoptees. …they’re too busy living–and loving–their lives.
I am also am adoptive parent, but I did not steal my child from her biological parents. I believe this couple did. The fact that they are white is not the primary issue, However thos case does resonate with a mind set I often see among wealthy white folks. It is a mind set of entitlement and privilege. It appears rather clear to ke that this couple
sought out a poor Hispanic woman who
would produce white in appearance child.
They befriended her with the intention of
adopting her baby with no thought to the
father’s rights. This is predatory and classic
white privilege and entitlement. It is very
suspect that the original adoption filing
reportedly failed to note that the child had
Natice blood. The attorney was Native
American and well versed in the
requirements. Also suspect is the fact that
the biological father was not told until after
he flsigned the final termination of rights
that the child was being adopted, not
remaining with the mother. Lastly, he was
presented the final paperwork days before
he shipped.out to a war zone. It seems so
clearly devious and calculated. As soon as
the biological found out the mother was
not.keeping the baby he filed for custody. 8 believe he was deliberately duped.
They don’t lover her. They only love the fake tittle of being called parents and the undeserved power adopters get.
Are you aware that Veronica was taken away from Dusten SCREAMING HYSTERICALLY? Are you aware she did NOT want to go live with the Crapobianco’s? So that is okay? To force a child to leave a home she loves, a father she loves and be forced to be nothing less than a servant to infertile spoiled brats? She didn’t want Melanie and Matt, she DIDN’T NEED THEM, SHE NEEDED HER GOD GIVEN DAD. HER ONLY DAD. But do you think they care? Hell no, all they ever cared about was what they wanted, just like the adoption industry only cares about making their damn billions. Adoption is evil. It is infant and child trafficking, identity theft and SHOULD BE ILLEGAL. Damn Christians for their money worshipping and barbaric abuse towards single parents. It is beyond time all of them who worship adoption look at the plank in their own eyes. And how much adoption destroys all children.
Usually with most things im on native americans’ side, especially considering im 1/4 native american, but this time I wasn’t maybe it’s just my experience with dead beat father/step-fathers’ but him refusing to financially support the mother and child then signing his rights away, and then all of a sudden deciding he wants her and dragging her into a legal battle when the child already had a loving adopted father and mother for over a year it just leaves a bad taste in my mouth and brings back and memories and makes me despise him.
He was tricked into signing because he truly believed it was in the baby’s best interest at the time. He was being deployed to Iraq. Why is everyone so quick to assume a father doesn’t want his own baby? But what’s he supposed to do when the mother terminates their engagement and pushes him away? He never even got to meet the baby and then the Mom wants money… he was probably pissed at her. He wanted that baby from day one! Well, at least Veronica knows who her daddy is, so she can choose to have a closer relationship with him when she’s 18.
LMAO! you all act look like they bought this child!! This case has nothing to do with the history of terrible acts of injustice that were committed against the Native Americans. Let’s not blur the lines.
the trouble it does have to do with what they do to Indians-every law was broken. okla has a best interest for the child law-mary fallin gov of okla-ordered veronica to be returned-the way it should have gone-veronica should have been left with the Cherokee tribe-dustin brown said he would do that. the ICWA law was broken-the us supreme court broke a indian treaty indian children belong to Indians if they can support them.
Yes it did. The adoption agency is part of a greater plan to strip Native peoples of laws made to compensate for the past that they don’t want to adhere to. It is conservatives and this case was a beginning. Just like the Bakke case and now the Harvard students’ they don’t like the laws and get cases so they can be incrementally dismantled. Unlike Affirmative Action, I hope the Native peoples win. They were screwed royally. African Americans should have received reparations but the US govt took the cowards way out.
I watched Dr.phil and I don’t always agree with him although in some cases , but on this case I felt upset. I am a full blooded native American Indian my father created the dialect of our language back to our people so it would not be lost.. we fought for our lively hood to almost Extinction!! We fight for keeping our children close to who they are we fight for our treaty our self governance and what little land we have… Veronica father looks healthy and should not have to fight to be her father. If these adoption people truely love Veronica she’d let her be with her father her people and learn of her culture. But the non natives can not see past their own selfish ways and that is sad 😞 is it love or is it that they want a child so bad that they can not see the difference ?? We as Native American Indians will never be acknowledged as real people we are people that non natives feel should be just like them .. take our language take our children take our land take our hope take our lively hood destroy the land when will we live in peace.. I f the father agreed to adoption to a non native is one thing , but it’s not he wants to he s father that’s his baby and then he should have that right!!!
It is another way of wiping out a race: Adopt a child of another race and erase their heritage by forcing them to conform to a way that is unnatural to them; changing their religious beliefs and erasing precious traditions passed down for generations. It is genocide without actually killing the person(s).
The mother ***AND*** father BOTH signed away custody.
It seems pretty clear that this wealthy adoptive couple were desparate to have a child and found a poor woman they could befriend in hopes of getting her unborn baby. There is nothing wrong or evil with wealth except when you use it to take advantage of people less fortunate. Their actions appear premeditated amd predatory. The facts of
this case are both suspect and extremely
disturbing suggesting deceit from the start.
The adoptive couple’s attorney was Native
Ameerican and experienced in adoptions of
such. His reported failure to specify that
Veronica was Native American on the original
adoption filing is very telling. I believe the timing of having the biological father sign the
termination of rights days before he shipped
off to a war zone and not telling him until
after he signed the final paperwork that the child was being adopted, not simply
remaining with her biological mother speaks
to the degree of.calculation that was
employed to steal this child from her father.
Happy Birthday Veronica Brown
And when Veronica Brown finds out she was sold by her birther and kidnapped by the Capos, she will run like hell back to her family. Her REAL family. All of you saying the Capos were in the right will then prob shame her to hell and back about how ungrateful she is.
Oh, and Maldonado and the agency intentionally gave the Cherokee nation incorrect info regarding Brown to ensure they could shove the adoption under the radar.