12-08-2019  9:58 pm   •   PDX Weather    •   SEA weather  
  • 1
  • 2
  • 3
  • 4

NORTHWEST NEWS

Black Food Professionals See Opportunities to “Scale Up” in School Cafeterias and on Store Shelves

Two Portland women are addressing disparities in the local food scene with Ethiopian and Haitian flavors, ingredients

Portland Fire Chief Sara Boone Climbing Historic Ladders

In 1995, Boone was the first African American woman hired by Portland Fire & Rescue; this year she became its first African American Chief

Christmas Tree Shopping is Harder Than Ever, Thanks to Climate Change and Demographics

For Christmas tree farms to survive, shoppers will need to be more flexible

November Holiday Travel at PDX Brings More Comfort, Convenience and Furry Friends

If you’ve not been to Portland International Airport in a few months, you’re in for some surprises.

NEWS BRIEFS

Conservation Breakthrough for Endangered Butterfly

The Oregon Zoo's breeding success provides new hope in an effort to save Oregon silverspots ...

Meet 80 Local Authors at OHS 52nd Holiday Cheer Book Sale and Signing

This free Oregon Historical Society event will be held this Sunday, December 8 from 12 p.m. – 4 p.m. ...

Need for Blood Doesn’t Stop for Holidays – Donors Needed

Those who come to give through Dec. 18 will receive a Amazon.com Gift Card ...

North Carolina Court Decision Upholds Removal of Confederate Monument

Lawyers argued that the monument was installed at the end of Reconstruction to further the false “Lost Cause” narrative,...

Artist Talk with 13-year-old Local to be Held This Tuesday, Nov. 26

Hobbs Waters will be discussing his solo exhibit “Thirteen” at The Armory in Portland ...

Portland, Oregon, police fatally shoot man near coffee shop

PORTLAND, Ore. (AP) — Portland police fatally shot a person Sunday outside a coffee shop on the city's southeast side, the Oregonian/Oregonlive.com reported. The shooting about 1:43 p.m. outside the Starbucks store prompted a large police response. Police did not detail what led to the...

Accidental shootings by police expose training shortfalls

SEATTLE (AP) — When an Iowa mother tried to take her child from her husband during an argument on a snowy sidewalk in 2015, an officer stepped in to stop the scuffle, but he accidentally fired his weapon as a dog approached. The bullet went through the woman’s arm and into her chest,...

AP Source: Mizzou hiring Appalachian State's Eli Drinkwitz

KANSAS CITY, Mo. (AP) — Missouri reached an agreement Sunday with Eliah Drinkwitz to take over the Tigers' once-proud football program, a person with knowledge of the hiring told The Associated Press, making Appalachian State's successful coach the second-youngest in a Power Five...

Missouri fires football coach Barry Odom after 4 seasons

KANSAS CITY, Mo. (AP) — Missouri fired football coach Barry Odom on Saturday, ending the four-year stay of a respected former player who took over a program in disarray but could never get the Tigers over the hump in the brutal SEC.The Tigers finished 6-6 and 3-5 in the conference after...

OPINION

Will You Answer the Call for Moral Revival?

In embracing and expanding the legacy of Dr. Martin Luther King, Jr., Revs. Barber and Theoharis have asked Presidential candidates to consider a debate that focuses exclusively on poverty ...

What I’m Thankful For This Season

Ray Curry gives thanks for a human right that shaped our country throughout the 20th century and that made Thanksgiving possible for so many Americans who, like him, didn’t get here by way of the Mayflower ...

Congressional Black Caucus Members Visit U.S.-Mexico Border: “Mistreatment of Black Immigrants is Another ‘Stain on America’”

Members said they witnessed first-hand the deplorable treatment and plight of Black immigrants ...

Portland, I'm Ready

Last month I had the privilege to stand with hundreds of supporters and announce my intention to run for re-election ...

AFRICAN AMERICANS IN THE NEWS

Nevada third to vote, still up for grabs for 2020 Democrats

LAS VEGAS (AP) — Nevada won its coveted early date in the presidential primary because it was supposed to offer Democrats something different.It’s more racially diverse than the two states that weigh in earlier, Iowa and New Hampshire. Its population is young, working class, largely...

China claims everyone in Xinjiang camps has 'graduated'

BEIJING (AP) — People who were at vocational training centers in China's far west Xinjiang have all ”graduated" and are living happy lives, an official said Monday. But Uighurs and other predominantly Muslim ethnic minorities from the region say their family members continue to be...

Shooting survivor sues Southern California synagogue

POWAY, Calif. (AP) — A man wounded in a shooting at a San Diego-area synagogue is suing the house of worship, alleging Chabad of Poway didn't use federal funds meant to hire security to protect worshipers, according to a newspaper report.In the lawsuit obtained by Los Angeles Times, Almog...

ENTERTAINMENT

Let's cancel 'OK Boomer' in 2020, and the humblebrag, too

NEW YORK (AP) — Either loudly sing your own praises or don’t in the new year, but let’s leave the humble brag behind, along with a few other oversaturated, cloying or just plain silly cultural quirks that deserve a big goodbye.Among them are pop-up shops, cancel culture and the...

Singer performs in Vegas for 1st time after mass shooting

LAS VEGAS (AP) — Country singer Jason Aldean has performed in Las Vegas for the first time since he was on stage at the Route 91 Harvest Music Festival at the beginning of the Oct. 1, 2017 mass shooting.The Las Vegas Review-Journal reports that Aldean told a packed house at Park MGM’s...

'Frozen 2' leads box office again; 'Playmobil' flops

NEW YORK (AP) — “Frozen 2” blanketed multiplexes for the third straight weekend, continuing its reign at No. 1 with .7 million in ticket sales, according to studio estimates Sunday. The Walt Disney Co. animated sequel has already grossed 9.7 million worldwide. It will...

U.S. & WORLD NEWS

‘Benson,’ ‘Star Trek’ actor René Auberjonois has died at 79

LOS ANGELES (AP) — René Auberjonois, a prolific actor best known for his roles on the television shows...

Rapper Juice WRLD dies after medical emergency in Chicago

CHICAGO (AP) — Rapper Juice WRLD, who launched his career on SoundCloud before becoming a streaming...

North Dakota county may become US's 1st to bar new refugees

BISMARCK, N.D. (AP) — Reuben Panchol was forced to leave war-torn Sudan decades ago as a child, embarking...

Pope names Manila Cardinal Tagle to major Vatican post

VATICAN CITY (AP) — Pope Francis has named Manila Cardinal Luis Antonio Tagle to a major Vatican post, in a...

Climate scientists try to cut their own carbon footprints

For years, Kim Cobb was the Indiana Jones of climate science. The Georgia Tech professor flew to the caves of...

Ukraine faces new challenges in peace talks with Russia

WARSAW, Poland (AP) — When new Ukrainian President Volodymyr Zelenskiy sits down Monday for peace talks in...

McMenamins
Bill Mears CNN Supreme Court Producer


WASHINGTON (CNN) -- A custody battle involving the "best interests" of a 3-year-old Cherokee girl will be taken up by the U.S. Supreme Court, an issue spanning the rights of adoptive parents and the desire to preserve Native American families within tribes.



The justices announced they will hear an appeal from Matt and Melanie Capobianco, who legally adopted little Veronica in 2009, shortly after the birth mother agreed to give up the child. Oral arguments in the case will likely be heard in April with a ruling by late June.



The South Carolina Supreme Court in July ruled for the biological father, who had sought custody shortly after the child's birth. He is a registered member of the Cherokee Nation and is raising the child in Oklahoma.



Dusten Brown had earlier signed a legal document agreeing to put the girl up for adoption, but his attorneys say the father did not understand the extent of the waiver, and that the birth mother misrepresented the child's American Indian heritage to social service workers when the adoption was finalized.



At issue is whether Brown, as the onetime non-custodial father, can gain parental custody, after the non-Indian mother initiated an adoption outside the tribe.



A special congressional law governs such interstate adoptions, since the current 556 federally recognized tribes all fall under Interior Department oversight, giving those tribes certain unique benefits and rights. 



Lawyers for the Capobiancos say federal law does not define an unwed biological father as a "parent."



The adoptive couple was excited that the high court will hear their case. 



"We weren't sure what to expect," Melanie Capobianco told CNN's Randi Kaye. "It was a low chance and we just feel really extremely happy that they decided to hear it."



Her husband, Matt, added, "It restored some hope and a little faith in the judicial system." 



The federal law in question is the Indian Child Welfare Act (ICWA) of 1978, a response to decades of often abusive social service practices that resulted in the separation of large numbers of native youngsters from their families, in many cases to non-Indian homes.



The legislation was designed to "promote the stability and security of Indian tribes and Indian families by the establishment of minimum federal standards to prevent the arbitrary removal of Indian children from their families and tribes and to ensure that measures which prevent the breakup of Indian families are followed in child custody proceedings."



Brown's relationship within the "federally recognized government" of the Cherokee Nation means Veronica -- named in court papers as "Baby Girl" -- is a member of the tribe and subject to their jurisdiction.



"It's not anyone's intent ever to rip a child away from a loving home," said Todd Hembree, the Tahlequah, Oklahoma-based tribe's attorney general. "But we want to make sure those loving homes have the opportunity to be Indian homes first."



Still, the Capobiancos argue that the little girl's real home is with them.



"Veronica was always a part of our home from birth and we just felt like she was in a happy place and that those kinds of needs could have been met through us," Melanie Capobianco said. "I just don't think that was what Congress was thinking about when that act was passed."



 As with many custody fights, there is wide factual disagreement over the circumstances of both the couple's breakup and subsequent adoption of the child. Opposing sides even disagree on what legal issues the high court should address.



The Capobiancos think the issue should be about whether the ICWA law can improperly block adoption proceedings voluntarily initiated by a non-Indian mother who had sole custody of her child, due to what the adoptive parents say is the Indian father's failure to establish a legal parent-child relationship under state law.



But Brown argues he successfully established paternity under state law, and qualifies as a "parent" under the ICWA, thereby giving him proper control and custody of his daughter. 



He said in legal papers that the child was conceived when the couple was engaged, and "excited" he would be a father. But Brown claims the biological mother broke off the now-strained relationship by text message. He agreed to relinquish his parental rights in exchange for not paying child support, but said the mother never indicated she intended unilaterally to give the child up for adoption.



And Brown claims the biological mother tried to "conceal" his Indian heritage during the adoption process with the Capobiancos, who live in Charleston, South Carolina.



Establishing such heritage would normally make it very difficult for the Cherokee Nation and state social services to agree to any non-Indian adoption and removal from the state.



By this time, Brown was deployed to Iraq on a one-year deployment in the U.S. Army, making it hard to press his custody claims. Veronica lived with the Capobiancos for two years before the high court in South Carolina ruled for the father. Brown took his daughter back to Bartlesville, Oklahoma, on New Year's Eve 2011.



The state's top court that ruled in his favor said Brown had "a deeply embedded relationship" with his American Indian heritage, in which Veronica will be raised.



But the Capobiancos point to another part of the state court's conclusion: that despite a ruling against them, they were "ideal parents who have exhibited the ability to provide a loving family environment." That court said its hands were tied, and that federal law trumped state law.



"Courts in seven states have held that ICWA does not bar courts from terminating the parental rights of a non-custodial father under state law when the father abandoned his child to the sole custody of a non-Indian mother," said Lisa Blatt, attorney for the couple.



She says the father's initial agreement to give up his parental rights meant he forfeited any subsequent efforts to establish custody, when the child was already in a happy, stable home environment.



The Capobiancos argue Brown had refused to offer any financial assistance to the biological mother until they were married and "wanted nothing to do" with the pregnancy. 



As a single mother with two other young children, the biological mother felt she had no choice but to give her daughter up for adoption, said a legal brief filed by her lawyers. They say she complied with the adoption laws in both states and with the tribe.



The couple also says they long wanted to be parents and had seven unsuccessful attempts at in vitro fertilization. She is a child developmental psychologist and he is an automotive body technician. They were in the room when Veronica was born, and had an "open" adoption, meaning the biological mother could and did maintain a relationship with Veronica.



The case is Adoptive Couple v. Baby Girl, a Minor Child Under the Age of Fourteen Years (12-399). 



 ™ & © 2013 Cable News Network, Inc., a Time Warner Company. All rights reserved. 



  


mlkbreakfast2020 tickets 300x180

Martha Redbone Trio
Crown Royal Boss Play the Game
Calendar

Photo Gallery

Photos and slide shows of local events