A win for James Island Couple in baby Veronica case - Local news, weather, sports Savannah | WSAV On Your Side

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.

  • Most Popular StoriesMost Popular StoriesMore>>

  • WEATHER: Waterspout Spotted Off the Coast of Tybee Island

    WEATHER: Waterspout Spotted Off the Coast of Tybee Island

    Friday, August 1 2014 11:51 AM EDT2014-08-01 15:51:17 GMT
    The National Weather Service confirms that a water spout was spotted off the coast of Tybee Island on Friday morning. The Chatham Count Emergency Management agency says the island did activate its outdoor warning system and cleared the beach.At this time, weather reports do not indicated the waterspout will make landfall, but it is recommended to avoid the beach until the storm has passed.
    The National Weather Service confirms that a water spout was spotted off the coast of Tybee Island on Friday morning. The Chatham Count Emergency Management agency says the island did activate its outdoor warning system and cleared the beach.At this time, weather reports do not indicated the waterspout will make landfall, but it is recommended to avoid the beach until the storm has passed.
  • Screams, panic caught on video as shark charges at swimmers near beach

    Screams, panic caught on video as shark charges at swimmers near beach

    Wednesday, July 30 2014 5:48 PM EDT2014-07-30 21:48:04 GMT
    Facebook image from Dan FlynnFacebook image from Dan Flynn
    A Florida beach cleared out – with the exception of a woman and lifeguard who tried to save her – when a shark was spotted heading straight toward swimmers on Tuesday afternoon. The panic of the 10-foot shark and people screaming from the pier was caught on tape.
    A Florida beach cleared out – with the exception of a woman and lifeguard who tried to save her – when a shark was spotted heading straight toward swimmers on Tuesday afternoon. The panic of the 10-foot shark and people screaming from the pier was caught on tape.
  • Bikini-clad mom of 5 writes viral letter to bullies who mocked her stretch marks

    Bikini-clad mom of 5 writes viral letter to bullies who mocked her stretch marks

    Friday, August 1 2014 4:17 PM EDT2014-08-01 20:17:45 GMT
    Tanis Jex-Blake Facebook page photoTanis Jex-Blake Facebook page photo
    A mother of five who was mocked for her stretch marks while sunbathing at the beach has written an open letter to the trio who bullied her. That letter has now gone viral with more than a million likes and 218,000 shares.
    A mother of five who was mocked for her stretch marks while sunbathing at the beach has written an open letter to the trio who bullied her. That letter has now gone viral with more than a million likes and 218,000 shares.
Powered by WorldNow

1430 East Victory Drive
Savannah, GA 31404

Telephone: 912.651.0300
Fax: 912.651.0320
Email: newsemailalert@wsav.com

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