Adoptive Couple v. Baby Girl (S.C. 2013) 404 S.C. 483, 746, S.E.2d 51 (aka Baby Girl Veronica Case)
Jul 17, 2013OUTCOME: Custody Awarded to Clients
Rehearing denied 404 S.C. 490 746 S.E.2d 346 Stay denied 134 S.Ct. 32 570 U.S. 940 On July 3, 2013, the Respondent Birth Father (Birth Father) filed a Motion to Remand this case to the Family Cou ... rt to address the matter de novo with explicit instructions regarding how to proceed. An Emergency Motion for Final Order Following Remand with this Court filed by Appellants (Adoptive Couple) followed, along with a petition to appear as arnica curiae filed by Birth Mother.2 On July 8, 2013, Adoptive Couple filed a Return to [404 S.C. 485] Birth Father's Motion to Remand.3 On July 12, 2013, Respondent Cherokee Nation notified this Court via letter that it was joining Birth Father's request to remand this case to the Family Court.4 In his Motion to Remand, Birth Father raises a number of "new" issues he claims should be resolved by the Family Court in this case, in particular: "(1) [whether] the case should be transferred to Oklahoma where Baby Girl has lived for 18 months, where the relevant witnesses are all located, and where competing adoption petitions are pending; (2) whether, on the current record, [Birth] Father's parental rights may be terminated, or whether it is in Baby Girl's best interest[s] for her to remain with the natural parent who has cared for her and with whom she has bonded over those 18 months; and (3) whether, in light of the competing adoption petitions, the ICWA placement preferences preclude adoption of Baby Girl by the self-styled Adoptive Couple." We deny Birth Father's motion in its entirety. Because we can resolve the issues of law here, nothing would be accomplished by a de novo hearing in the Family Court, except further delay and heartache for all involved — especially Baby Girl. A majority of the Supreme Court has cleared the way for this Court to finalize Adoptive Couple's adoption of Baby Girl. In denying Adoptive Couple's petition for adoption and awarding custody to Birth Father, we held that Birth Father's parental rights could not be terminated under the federal Indian Child Welfare Act, 25 U.S.C. §§ 1901-23 (the ICWA). See Adoptive Couple v. Baby Girl, 398 S.C. at 644, 731 S.E.2d at 560. The Supreme Court has unequivocally found that the ICWA does not mandate custody be awarded to Birth Father, thereby reversing our previous holding.