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."
The Majority opinion states, "when an Indian parent abandons an Indian child prior to birth and that child has never been in the Indian parent's legal or physical custody, there is no "relationship" to be "discontinu[ed]" and no "effective entity" to be "end[ed]" by terminating the Indian parent's rights. In such a situation... §1912(d) is inapplicable.
In ruling that when "the adoption of an Indian child is voluntarily and lawfully initiated by a non-Indian parent with sole custodial rights, the ICWA's primary goal of preventing the unwarranted removal of Indian children and the dissolution of Indian families is not implicated," families across America were unshackled from an oppressive federal law. Across the nation, ICWA cases that involve children who had never been on the reservation and whose enrolled parent has never had custody went dissolved. Indeed, the concern of the dissent to this ruling was that it could "necessarily extend to all Indian parents who have never had custody of their children."
The Christian Alliance for Indian Child Welfare is relieved that the IWCA was rightfully limited today. This opinion confirms that at the least, non-enrolled parents of "Indian Children" have rights. The case has been sent back to the South Carolina Supreme Court because the State Court had erred in its reading of the federal law. Although we are deeply disappointed that this case is not over, Matt & Melanie will continue to fight for their daughter and we believe that they will prevail and Veronica will return to her family.
There is more work to do. CAICW further appreciates the concurring opinion of Justice Clarence Thomas in his citing of the work of Rob Natelson, Senior Fellow in Constitutional Jurisprudence, Independence Institute & Montana Policy Institute, concerning the unconstitutionality of the ICWA.
The Christian Alliance for Indian Child Welfare (CAICW) is both a ministry and advocacy group. CAICW has also been advocating since February 2004 for families at risk of harm from the Indian Child Welfare Act (ICWA). Our advocacy has been both judicial and educational, as well as a prayer resource for families and a shoulder to cry on.
