CAICW Issues Statement on U.S. Supreme Court Decision

SCOTUS Rules for Common Sense in Adoptive Couple vs. Baby Girl; Spanks Cherokee Nation


WASHINGTON, -- Today, the Supreme Court of the United States gave Matt & Melanie Capobianco a partial victory in Adoptive Couple v. Baby Girl in ruling that the Indian Child Welfare Act does not apply where an Indian parent never had custody of the Indian child. According to the Court, "Biological Father's contrary reading of §1912(f ) is non-sensical" as "...he had never had legal or physical custody of Baby Girl..." The Justices rightly decided to reverse the judgment of the South Carolina Supreme Court and remand the case back for further proceedings "not inconsistent with this opinion."
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