A win for James Island Couple in baby Veronica case - WCBD-TV: News, Weather, and Sports for Charleston, SC

A win for James Island Couple in baby Veronica case

Posted: Updated:
The Supreme Court of the United States is expected to make a ruling on the case we've come to know as "baby Veronica" otherwise known as Adoptive Couple V. Baby Girl. The Supreme Court of the United States is expected to make a ruling on the case we've come to know as "baby Veronica" otherwise known as Adoptive Couple V. Baby Girl.

The Supreme Court of the United States has made a decision on the case we've come to know as "Baby Veronica," otherwise known as Adoptive Couple V. Baby Girl.

The justices decided the Indian Child Welfare Act (ICWA) doesn't apply. The case has been remanded for further proceedings.

A trial took place in the South Carolina Family Court in September 2011, by which time Baby Girl was two years old. The Family Court concluded that Adoptive Couple had not carried the heightened burden of proving that Baby Girl would suffer serious emotional or physical damage if Biological Father had custody. The Family Court therefore denied Adoptive Couple's petition for adoption and awarded custody to Biological Father. On December 31, 2011, a Veronica was taken away from the Capobianco family more than a year ago due to the Indian Child Welfare act.

SCOTUS now says that decision in South Carolina was incorrect because the birth father relinquished his rights and never had custody of the Indian child, therefore, the ICWA does not apply.

The Capobianco family and their legal team issued a statement Tuesday in response to the decision. "We are grateful for today's decision from the Supreme Court, which affirms that the Indian Child Welfare Act did not permit Veronica to be taken away from her adoptive parents. We are also hopeful that today's decision will prevent the tragic disruption of other adoptions and prevent this heartbreak from happening to other families."

Veronica's birth mother, Christinna Maldanando, also released a statement. "Today's opinion makes clear that Veronica's adoption should have been finalized long ago, and gives us all the opportunity to continue fighting for Veronica's best interests. I'm also hopeful it will spare many other children and families the heartbreak that Veronica, the Capobiancos, and I have had to endure," said Maldanando.

Justice Sonia Sotomayor who disagrees with the majority decision says this is again tragic for Veronica. Sotomayor voiced her disapproval inside the SCOTUS courtroom in April and repeats in her dissent, "it will be equally devastating now if, at the age of 3 1/2, she is again removed from her home and sent to live halfway across the country... But it can be said with certainty that the anguish this case has caused will only be compounded by today's decision."

SCOTUS's decision now kicks back to South Carolina's court, where the adoptive family says they will work with attorneys to see what paperwork they can file. They say they want to finalize their adoption. If the adoption is finalized, the court could decide how and when to conduct another transfer.

  • Clemson opens fall practice in Upstate

    Clemson opens fall practice in Upstate

    Friday, August 1 2014 10:13 PM EDT2014-08-02 02:13:05 GMT
    Clemson, S.C.---Clemson opened fall football practice on Friday and the August 1 date tied for the earliest first day of practice in the school’s football history. (Clemson also started on August 1 in 2008). The temperature was unseasonably cool, and it felt more like October 1 than August 1.It led to a spirited first practice for Dabo Swinney’s Tigers, who open the season August 30 at Georgia. “I don’t know what is going on with the weather,” said Swinney. “Today’s temperatures made for a ...
    Clemson, S.C.---Clemson opened fall football practice on Friday and the August 1 date tied for the earliest first day of practice in the school’s football history. (Clemson also started on August 1 in 2008). The temperature was unseasonably cool, and it felt more like October 1 than August 1.It led to a spirited first practice for Dabo Swinney’s Tigers, who open the season August 30 at Georgia. “I don’t know what is going on with the weather,” said Swinney. “Today’s temperatures made for a ...
  • S Carolina opens practice with high expectations

    S Carolina opens practice with high expectations

    Friday, August 1 2014 10:11 PM EDT2014-08-02 02:11:36 GMT
    COLUMBIA, S.C. (AP) - South Carolina has opened its first practice of fall camp with a lot of expectations, but not a lot of superstars.Friday's drills were a typical opening practice for coach Steve Spurrier. He had something to complain about - both centers botched snaps. He also had praise for his backup quarterback Connor Mitch, who Spurrier said looked as if he practiced over the summer.The Gamecocks are coming off an 11-2 season and have been picked to win their division in the Southeas...
    COLUMBIA, S.C. (AP) - South Carolina has opened its first practice of fall camp with a lot of expectations, but not a lot of superstars.Friday's drills were a typical opening practice for coach Steve Spurrier. He had something to complain about - both centers botched snaps. He also had praise for his backup quarterback Connor Mitch, who Spurrier said looked as if he practiced over the summer.The Gamecocks are coming off an 11-2 season and have been picked to win their division in the Southeas...
  • Police investigating robbery in North Charleston

    Police investigating robbery in North Charleston

    Police investigating robbery in North Charleston

    Friday, August 1 2014 9:26 PM EDT2014-08-02 01:26:20 GMT
    Authorities are currently investigating a robbery in North Charleston. According to dispatchers, North Charleston Police Department responded to the CVS Pharmacy at 8995 University Blvd in reference to a robbery at 9pm Friday night. Details very limited at this time but according to viewers in the area, about 7 police vehicles are on scene. We have a crew in route and will bring you the latest as it becomes available both here on counton2.com and on-air.
    Authorities are currently investigating a robbery in North Charleston. According to dispatchers, North Charleston Police Department responded to the CVS Pharmacy at 8995 University Blvd in reference to a robbery at 9pm Friday night. Details very limited at this time but according to viewers in the area, about 7 police vehicles are on scene. We have a crew in route and will bring you the latest as it becomes available both here on counton2.com and on-air.
Powered by WorldNow

210 W. Coleman Blvd.
Mt. Pleasant, SC 29464

Telephone: 843.216.4875
Fax: 843.881.3410
Email: news@wcbd.com

Can't find something?
Powered by WorldNow
All content © Copyright 2000 - 2014 Media General Communications Holdings, LLC. A Media General Company.