Subsequent developments Adoptive Couple v. Baby Girl




1 subsequent developments

1.1 media coverage

1.1.1 prior supreme court decision
1.1.2 post-opinion
1.1.3 social media


1.2 legal developments





subsequent developments
media coverage
prior supreme court decision

coverage in mainstream media extensive. charleston s post , courier ran series of articles on case, , news picked other media outlets. these included local television stations, distant television stations, cable news network (cnn), fox news channel, national magazines, u.s. news, , new york times. additionally, dr. phil mcgraw featured capobiancos on television show in episode aired on october 18, 2012. show sparked controversy, indian newspapers , internet news sources calling boycott of show due alleged one-sided attack on native americans. has been alleged mainstream media has disseminated incorrect , false information portrayed capobiancos in light , brown in bad light.


terry cross of national indian child welfare association (nicwa) commented despite negative press, icwa needed protect indian children having tribal rights taken them. noted failure comply icwa caused controversy in case. author of icwa, senator jim abourezk, stated totally different intended @ time 2 weeks later said main intent of law ensure tribes had opportunity sign off on adoption of tribal children.


post-opinion

after supreme court decision, media outlets stated capobiancos won case, although correctly noted did not gain custody, nor receive order of adoption. noted decision, return of child capobiancos not foreordained , case had return south carolina state courts additional hearings.


social media

the case received great deal of coverage in social media. friend of melanie duncan capobianco, jessica munday, publicist had done contracted work melanie duncan s employer mst services [multisystemic therapy] in south carolina. munday started save veronica campaign aimed @ gathering grassroots support couple s efforts overturn both charleston family court , south carolina supreme court decisions. munday, runs marketing firm trio solutions inc. [trio] in mount pleasant, south carolina, responsible making case known according @ least 1 source. responses native american community pointed out irony in campaign, editorial cartoon depicting veronica puzzling on campaign save (an indian child) other indians. in addition, movement supporting dusten brown , cherokee, stand our ground, said baby veronica case has become strong example of systemic problems in adoption industry , has pushed adoption reform. stand our ground started on facebook swelled in protests , rallies across several states.


legal developments

maldonado filed suit in south carolina u.s. district court on july 24, 2013, asking icwa declared unconstitutional. on july 31, 2013, capobiancos legally adopted child. concurrently south carolina court finalizing adoption, native american rights fund filed civil rights lawsuit in u.s. district court on behalf of child, alleging rights had been violated south carolina court. in addition, south carolina court order cannot enforced in oklahoma without agreement of oklahoma court, , brown stated fight order in oklahoma, aid of cherokee nation. prior south carolina adoption being finalized, cherokee nation district court granted temporary guardianship brown s wife , parents while brown in military training out of state. @ same time, judge in south carolina ordered brown turn on child capobiancos, representatives of cherokee nation said impossible while brown performing military duties.


on august 30, 2013, oklahoma supreme court stayed order of district court child transferred custody of brown capobiancos. capobiancos had court-ordered visits girl in oklahoma, while brown family celebrated girl s fourth birthday @ party on september 15. court-ordered mediation hearing took place between browns , capobiancos between september 16 , september 20, failed produce resolution. oklahoma supreme court lifted stay of district court order on september 23, 2013, clearing way custody of child returned capobiancos. girl turned on adoptive parents on evening of september 23, 2013. on september 25, 2013, charleston county family court began contempt proceedings against brown , cherokee nation withholding veronica in face of south carolina adoption decree, finalized in july. both parties may face financial sanctions include defraying living , legal expenses capobiancos during period brown , cherokee nation allegedly in contempt of court. in october 2013, brown announced dropping appeals give daughter chance @ normal life.


in november 2013, matt , melanie capobianco filed lawsuit in nowata county, oklahoma, demanding more $1 million in court costs, accrued during custody battle. lawsuit against veronica s biological father, dusten brown, , cherokee nation. cherokee nation issued forceful response, saying not responsible paying fees , costs capobiancos because of eleventh amendment sovereign immunity suits without express consent. cherokees made clear tribe s displeasure capobianco s public media appearances, interviews , various fundraising schemes during same time in parties under statutory gag order in south carolina .





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