Save Veronica

Save Veronica

Greetings,

We are writing to make you aware of an injustice of human rights that has occurred in the case of two-year-old Veronica Rose, a South Carolina child and her adoptive parents. Two years ago, Veronica’s Latina birth mother chose Matt and Melanie to be the parents of her unborn child - to love, nurture and raise her child. To this day, Veronica’s birth mother remains committed to her decision and Veronica has been a thriving, happy child residing in a stable, nurturing environment, open to preserving and educating the child about her heritage.

By South Carolina law this birth father would have no parental rights because he abandoned the birth mother. However, because Veronica has a percentage of Cherokee heritage from her birth father’s side of the family, the Cherokee Nation intervened in the adoption proceedings and argued that this happy, healthy two-year-old be transferred to her birth father even though he elected not to support the birth mother in any way. Because of the misapplication of a federal law known as the Indian Child Welfare Act (ICWA), a South Carolina family court judge ruled that she be immediately transferred to her biological father and devastated this family.

The ruling placed the rights of the birth father (even though by South Carolina law, he had no rights) and wishes of the tribe above the best interests of the child. Child-bonding experts agree that removing her from her home and family would be devastating and have long-lasting consequences. Numerous child psychologists stated this would be detrimental to any child. Experts did not support the change in custody, yet pleaded for at least a transition process to be in place so the child had the best chances at adapting. The child psychologist’s recommendations were ignored and on Dec. 31, Veronica was handed over to her biological father as if she were nothing more than a possession without rights. This case is currently under appeal at the South Carolina State Supreme court.

We believe that children need protection and should not be removed from loving, nurturing environments. We understand the premise of the ICWA is to protect children of heritage while allowing for opportunity for them to understand their culture; however, in Veronica’s case it has been misused and did not consider her rights.

Former U.S. Senator Jim Abourezk from South Dakota authored the ICWA in the late 1970s. According to Charleston’s daily newspaper, The Post and Courier, after reviewing Veronica's story, Abourezk called the interpretation in this case "something totally different than what we intended at the time.” His quote reads, "That’s a tragedy. They obviously were attached to the child and, I would assume, the child was attached to them."

According to the 2000 census report, approximately 75 percent of people claiming to have American Indian or Alaska Native ancestry live outside the reservation. Further, interracial marriages are inevitable and becoming very common in our society. It must be recognized that most children of heritage live off the reservation and have extended family that are non-tribal. Though supporters of the ICWA say it has safeguards to prevent misuse, Veronica and numerous other multi-racial children across the U.S. are being affected and harmed by a law intended to protect them.

There are many Indian tribes. The Cherokee Nation alone is currently tied up in approximately 1,100 active cases involving some 1,500 children. Please help ensure what has happened with Veronica doesn’t happen to these other children.

Tragically, under the ICWA:

• Children have been removed from safe, loving homes and placed in dangerous homes where abuse, addiction and neglect are prevalent and documented.
• Equal opportunities for alternative care and adoption, safety and stability are not readily available to children of Indian heritages because the adoption system and social services are aware of the challenges faced with the ICWA.
• The constitutional right of parents to make life choices for their children, for children of Indian heritage to associate freely, and for children of Indian heritage to enjoy equal protection has been disregarded, no matter what the biological parent’s wishes are for their child.

We want Veronica’s case to be heard and to change the way the ICWA is being used. Our society is in a time and place where an amendment is critical in protecting Native American children. Please speak out and allow Veronica to come home where she belongs.

As our elected representatives, we urge you to protect Veronica’s rights and the rights of all Indian children by making legislative changes that will prevent this from happening to any other child again. While we understand you are unable to interfere in court proceedings, we ask you to speak out on this issue and let your constituents clearly know where you stand. We also ask you to sponsor legislation and encourage fellow Congressmen to support the amending of the ICWA to:

1. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.

2. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.

3. Recognize the "Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)

4. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.
• When summoned to a tribal court, parents and legal guardians will be informed of their legal rights, including USC 25 Chapter 21 1911 (b)“…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”
• Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.

5. Include well-defined protections for adoptive parents.

6. Mandate that a "qualified expert witness" be someone who has professional knowledge of the child and family and is able to advocate for the well being of the child, first and foremost.

7. Mandate that only parents and/or legal custodians have the right to enroll a child into an Indian tribe. Because it is claimed that tribal membership is a political rather than racial designation, we are asking that parents, as U.S. citizens, be given the sole, constitutional right to choose political affiliation for their families and not have it forced upon them.
• Remove the words “or are eligible for membership in” 1901 (3)
• Remove the words "eligible for membership in" from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words "an enrolled member of”

Thank you so much for your concerted efforts in helping us protect the rights of EVERY child. Your consideration and efforts are greatly appreciated. We look forward to hearing from you.

Sincerely,
Save Veronica Supporters Worldwide
www.saveveronica.com
www.facebook.com/saveveronicarose
www.twitter.com/save_veronica

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