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Another Child Kidnapped through Adoption

Posted by on Aug. 15, 2013 at 12:10 PM
  • 106 Replies


Second Indian Infant Whisked to South Carolina for Quickie Adoption

August 13, 2013

As Dusten Brown posted bail in a Sequoyah County, Oklahoma courtroom yesterday afternoon on a federal warrant for his arrest for "custodial interference" inAdoptive Couple v. Baby Girl, Indian Country Today Media Network has learned that yet another Indian child from Oklahoma has been illegally placed for adoption in South Carolina.

RELATED:Baby Veronica's Father Accused of 'Custodial Interference' Felony

'Custodial Interference': Dusten Brown Turns Himself In

Dusten Brown Released After Posting copy0K Bond

Baby Deseray, an infant girl who was born on May 13 of this year, has been confirmed as eligible for the protections of the Indian Child Welfare Act, because her mother is a member of the Absentee Shawnee Tribe of Oklahoma. Currently, the infant is living illegally with another pre-adoptive couple in South Carolina with no custody order in place and no signed Interstate Custody for the Placement of Children (ICPC) application on file with the State of Oklahoma.

In his petition, the baby's biological father, Jeremy Simmons, who is non-Indian, has been supported by the infant's biological Indian grandmother in seeking to return his daughter back to Oklahoma to his custody.

The South Carolina attorney who handled the adoption is Raymond W. Godwin, who was also the original adoption attorney for Matt and Melanie Capobianco in their adoption of Veronica Brown in 2009. Godwin's office did not respond by deadline on this story. Adoption attorneys across the country said that the new adoption illustrates an emerging pattern in the adoption of Indian children in the United States.

"The ICPC is a binding compact in all 50 states that creates an agreed upon way of handling the interstate transfer of children of adoption and foster care," explains Tulsa attorney Mike Nomura, who has handled all ICPC applications for the Oklahoma Department of Human Services since 1998. "Though I cannot speak about the specifics of this case, I can say that [at the time of the transfer of the child out of Oklahoma], no one was aware that she was subject to ICWA."

Nomura said he has handled thousands of ICPC applications over the years and that it is the obligation of his office to ensure compliance with all state and federal laws regarding interstate adoptions. Under Section 10, subsection 40.6 of the Oklahoma Indian Child Welfare Act, Nomura says that all attempts to find a placement for Indian children must be exhausted and in compliance before removal from a jurisdiction.

Indian Country Today Media Network contacted Oklahoma Governor Mary Fallin's office to comment to the new adoption case and the implications for Oklahoma's Indian children. She did not respond.

According to Charles Tripp, attorney general for the Absentee Shawnee Tribe of Oklahoma, the tribal attorneys were caught off guard in late May when they received notice from the ICPC office in Tulsa that another Oklahoma child had been unlawfully removed to South Carolina.

"She was already gone and out of the state before we even received notice," said Tripp. "The adoptive couple paid their money and took off with the kid without the required approval of either the State of Oklahoma or the Absentee Shawnee."

Tripp said that the child is currently residing with another adoptive couple without any kind of court order for custody. As attorney general of the child's tribe, he told ICTMN that he will be retaining counsel in South Carolina and going to court there to put a stop to what he calls the "human trafficking of our tribal children in South Carolina."

Significant to this case, the placement of Baby Deseray took place at the end of May, a full month before the Supreme Court handed down its ruling inAdoptive Couple.

"This new situation with Baby Deseray says two things," said Tripp. "First, people are mistakenly reading the decision inAdoptive Coupleto say that if you want to adopt a child, go to South Carolina—there you have safe haven. And second, I want to make it clear that I am in complete disagreement with the Supreme Court's ruling last June. Especially with Roberts and Thomas, because they should have recused themselves as adoptive parents, which I and many others believe hindered their ability to read and interpret the law in a manner that is unbiased and impartial."

Tripp also said that the current trend in adopting Native American children in the U.S. carries with it the patina of colonial "missionary mentality."

"It's 'Oh, look what I did to help the poor Indians,'" said Tripp. "It's like they're going to the Third World without actually having to go overseas to get their kids. But ICWA is law for a reason, and we are not in need of their 'help.'"

Shannon Jones, the South Carolina family lawyer who represented Dusten Brown, told ICTMN that she was not surprised that Godwin has pushed through yet another adoption out of Oklahoma.

"It's very disturbing to hear that Mr. Godwin and his adoption team are at it again," said Jones. "It is these players in the industry who created and profited from these sad situations. Maybe now that another case has surfaced, maybe these [adoptions of Indian children] will stop."

by on Aug. 15, 2013 at 12:10 PM
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Replies (1-10):
by Christy on Aug. 15, 2013 at 12:17 PM
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This lawyer is starting to sound a bit fishy.

by Nari Trickster on Aug. 15, 2013 at 12:23 PM


by Bronze Member on Aug. 15, 2013 at 12:26 PM

 Shocking that they can get away with this.

by on Aug. 15, 2013 at 12:26 PM

I think the whole thing is fishy.

However, what seems to be part of the problem is that there are attys and agencies willing to take a kid for placement on the say so of ONE parent.  And that's nothing unusual.  Moms have been able to dispose of the parental rights of moms and dads for years.  

But if these fishy sounding cases (because I think the first case is full of fish, as well) shed light on how one parent can completely negate the other and how often it happens...then good.  

by Emerald Member on Aug. 15, 2013 at 12:34 PM
2 moms liked this

 Dusten Brown signed over his rights shortly after Veronica was born

She was legally adopted and he's a dead beat that tried to avoid paying support for a daughter he didn't want. UNTIL his MOM found out the child was being adopted and all Hell broke loose. His daughter was freely given away by HIM

I will read up on this new case

by Emerald Member on Aug. 15, 2013 at 12:37 PM

Who put the child up for adoption?

by Bronze Member on Aug. 15, 2013 at 12:41 PM
3 moms liked this

banging head into wall....... and I'm an adoptive mom..

Those children should be with their biological fathers. Period. 


" I can do all things through Christ who strengthens me." Philippians 4:13 

by Emerald Member on Aug. 15, 2013 at 12:45 PM
4 moms liked this

 1st) i think this article is propaganda and the people interviewed are way to dramatic.

2nd) if the Mom placed the child for adoption but the BIO Dad wanted to keep her, I have a problem with that. That isn't new or exclusive to the Native American community and this article and the people involved are making out to be something concerning being native Americans and it's not.

3rd) The father is not a Native American, so fighting on grounds that she is being taking away from her NA heritage...only to have her placed with her Non NA Dad seems....odd.

4th) I need to know more of the story as to WHY the Mom put her child up for adoption when the Dad was willing to take her. There was a case like this a few years long as the BIO Dad is willing and able, he SHOULD be allowed to raise his child

by Bronze Member on Aug. 15, 2013 at 12:56 PM
2 moms liked this

No she wasn't, the adoption wasn't finalized until this month. 

Quoting sweet-a-kins:

 Dusten Brown signed over his rights shortly after Veronica was born

She was legally adopted and he's a dead beat that tried to avoid paying support for a daughter he didn't want. UNTIL his MOM found out the child was being adopted and all Hell broke loose. His daughter was freely given away by HIM

I will read up on this new case

Dusten Brown, Baby Girl's Father Speaks Out: "I Did Not Abandon My Daughter"

My daughter Veronica is a happy, bouncy, joyful, and much loved child. She is not a baby anymore. She's a little girl who looks forward to running to greet me when I get home from work, to riding with her papa on his tractor and eating her grandmother's good cooking. She has a big sister she looks up to and adores.

Little Girl Veronica BrownLittle Girl Veronica seeing her Father off for National Guard Duty

I am not a perfect person. I am a just a regular guy that goes to work every day to support his family and serves in our Army. More than anything, I am like any father who will do everything to make sure my children are loved, provided for, and protected. Like any father, my children are my world. Like any father, I want what is best for my daughter.

All last year, I tried to abide by the court order we were all under to not speak publicly on this case. I understood that it was put in place to protect my daughter's privacy. To me, she was more important that getting into a public battle, even if it meant not defending myself against all the dishonest things reported about me.

So much has been said about me and the time surrounding my daughter's birth. I know it's impossible to try to answer every false detail put out there, but here is the truth: My world was ripped apart when Veronica's birth mother ended our engagement suddenly and shut me out of her life forever.

In December 2008, I got down on one knee and proposed to the love of my life. She accepted with joy. It seemed like one week we were planning a big, outside wedding and celebrating ecstatically the news of our pregnancy, and the next I was receiving a phone call from Christy saying she didn't know how she was going to pay her bills and she was stressed. I told her I had money saved and not to worry and asked her what she needed. I remember specifically that it shocked me when she told me no, that she had "a plan." Still, I knew that my military benefits would provide the medical and financial support she needed, so I did everything I could to push the wedding date up.

Always in the back of my mind I was concerned about going to Iraq. I knew there was a possibility that I might not come home. I pushed for marriage because I needed to know they would be okay if something happened to me. She said no. She told me to stop calling her and stop texting her.

But I called. I texted. I begged. I pleaded. I drove four hours and knocked at my ex-fiancée's door, praying she would answer. I had offered financial support, military benefits, everything I had. When I was told no, I foolishly tried to go along with whatever she asked me to, hoping she would see how willing I was to do whatever it took.

When I did finally hear from her, she started texting me, asking me to sign my parental rights over to her. Every day for a month and a half I got a text asking me that same question. It was a horrible feeling, watching myself being shut off from the woman and daughter I loved so much. I knew I didn't have a chance to fight her for custody because I was about to leave for Iraq for a year. So after weeks of texts, I said I would sign my rights over, thinking I was agreeing for her to have full custody and she would let me see my daughter.

I still tried to contact Christy in the hopes that she would change her mind about marrying me. After Veronica was born, I tried to contact Christy as did my mother and father wanting to bring gifts we had purchased for Veronica. Still, no answer, no response. My mother told me that maybe I should just give Christy some space. That maybe in time she would come back to me. So I stopped calling Christy, stopped begging her to marry me.

It was painful and confusing. That whole time I did not know why Veronica's birth mother wanted me out of her life. That whole time I didn't know about all of the conversations that had been going on with the adoption agency. I didn't know financial arrangements were being made. I didn't know that the couple who wanted to adopt my daughter had been told I would give up my rights, that I was a deadbeat dad, that I would not pay child support.

Here is the truth:

I am not a deadbeat dad. I did not abandon my daughter. I did not wait to "step up to the plate" until Veronica was four months old. I have been at the plate since I rejoiced at the news my fiancee was pregnant. I did not change my mind about how involved I wanted to be with Veronica. I have loved her and wanted her since the moment I knew she was to be my daughter.

My life was turned upside down when I was served with the adoption papers. Stupidly, I thought they were papers doing what we had texted about, giving Christy full custody while I was gone. It was literally the moment I finished signing that the server told me, "You just gave up your baby." I went to grab the papers from his hand and he told me if I took them I would go to jail. I hired an attorney right away and gave my father power of attorney to fight for custody of Veronica while I was off at war.

Ever since that day I have been in a legal battle for the right to raise my daughter. Ever since that day I have seen horrible things written about me. I have seen how the public has come to terrible conclusions about me. I've accepted that people will do and say anything to win custody of Veronica. But what I can't accept is that the courts would allow these lies sway their decisions. Somewhere in their rush to punish me for what they mistakenly think I've done, they stopped talking about what is best for my daughter.

The recent decision from the South Carolina Supreme Court has devastated my family. I cannot accept a decision that refuses to even consider what is best for my child. It should never be about what adults want and need, it has to be about Veronica. The Supreme Court has ruled that Veronica's interests don't matter. As a father who wants to protect his daughter, I cannot accept that.

I love my daughter with every fiber of being and I will do whatever necessary to ensure that Veronica's interests are given the highest priority as they should be. I will admit that I made mistakes, but not supporting my unborn child and her mother was never my intent. I loved them both and would have done anything for them. I will never stop fighting for my daughter, ever.

My home is simple, but along with my beautiful wife Robin, who Veronica calls "Mommy," we have made it full of love. My family is not rich, but we are happy. I make sure Veronica's days begin and end the same way every day, with me telling her that her daddy loves her, has always loved her, and will never stop loving her. 

by Christy on Aug. 15, 2013 at 1:04 PM

I was reading some of the comments. It seems both of these children somehow got involved with social services in SC. According to the welfare worker who was making the comment, the biological parents did not get the hearing they were entitled to have. Without such hearing, these children's adoptions are not legal. I would have to look more on this because it is the first I have heard of such. It certainly was not in the news. I know there were some states passing through child adoptions for the money benefit back in the 90s to social services, I hope that is not the case now.

Quoting sweet-a-kins:

Who put the child up for adoption?

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