Monday’s Children and the Law News Roundup

Man Wanted in Custody Case Returning to Oklahoma, www.abcnews.com

The father of a Cherokee Indian girl mired in an adoption dispute was ordered to leave an Iowa National Guard base and return to Oklahoma, an Iowa Guard spokesman said Sunday.

Brown, who is Cherokee, is charged with custodial interference involving his 3-year-old daughter, Veronica. A South Carolina couple has been trying to adopt Veronica since her birth in 2009; they raised her for two years.

The issue has been clouded by the Indian Child Welfare Act, which prompted a court in 2011 to favor the girl living with her father. But in June, the U.S. Supreme Court ruled that South Carolina courts should decide who gets to adopt Veronica.

The girl’s biological mother, Chrissy Maldonado, is not Indian and supports the adoption. She has filed a lawsuit against the federal government claiming the Indian Child Welfare Act is unconstitutional.

More recently, a South Carolina judge finalized the couple’s adoption and approved a plan to reintroduce Veronica to the couple, Matt and Melanie Capobianco. Brown didn’t show up for the first scheduled gathering Aug. 4, prompting the charge.

Several American Indian groups are also pursuing a federal civil rights case, saying a hearing should be held to determine if it is in Veronica’s best interest to be transferred to South Carolina.

Cherokee Nation spokeswoman Amanda Clinton has called the move to charge Brown “morally reprehensible” and “legally questionable.”

The attorneys for Veronica’s adoptive parents and her birth mother argued in a joint statement Sunday morning that not only is Brown committing a felony, but anyone who hides the child from law enforcement or stands in the way of the court order to turn her over — including the Cherokee Nation — also should be considered lawbreakers.

In US, a Youth is Killed by a Gun Every Three Hours, Juvenile Justice Information Exchange

More than 18,000 young people were killed or injured by a gun in 2010, according to a new report released by the Children’s Defense Fund, “Protect Children Not Guns 2013.”

According to the report, approximately 2,700 young people, up to 19 years old, lost their lives in 2010 to gun violence, the equivalent of one death every three hours and fifteen minutes, averaging 51 deaths every week.

Using data from the Centers for Disease Control and Prevention, researchers found that gun violence was the second leading cause of death for young people, only automobile accidents claimed the lives of more children and teens. The report’s authors also found that African-American youths were twice as likely to be killed by a gun than killed in a traffic accident.

Despite representing just 15 percent of all children and teens, the report said black youths made up 45 percent of all young people killed by firearms in 2010. Not only are African-American youths 4.7 times more likely to be killed with a firearm than white young people, black children and teens were approximately 17 times more likely to be the victims of a firearm-related homicide than white youths.

Older teens represent an overwhelming majority of firearm-death victims. Researchers said nearly nine out of 10 firearm-related injuries or deaths among young people in 2010 occurred among youths ages 15-19, according to the authors of the report. Black males in their mid- to late-teens were found to be the most at-risk group overall, and individuals in the demographic were 30 times more likely to be the victims of gun-related homicides than white males in the same age range.

In 2010, nearly three times as many young people in the U.S. were wounded by firearms than the number of U.S. soldiers injured in Afghanistan during the same year. Since 1963, the report stated, more than 160,000 young people have been killed by firearms in the United States — triple the total number of U.S. soldiers killed in action in Vietnam, Afghanistan and Iraq combined.

“We also need policies that support consumer product safety standards for all guns, public funding for gun violence prevention research, and resources and authority for law enforcement agencies to properly enforce gun safety laws,” she concluded. “We can — and must — raise our individual and collective voices and demand our political leaders do better right now to protect children, not guns.”

DoD Responds to Child Abuse Crisis, www.navytimes.com

Faced with an epidemic of child abuse across the four services, the Defense Department is establishing a child abuse working group, according to a Pentagon spokesman.

“The Department is in the process of establishing a Prevention and Coordinated Community Response to Child Abuse, Neglect and Domestic Abuse Working Group,” said DoD spokesman Lt. Cmdr. Nate Christensen.

The working group is part of the Pentagon’s effort to strengthen “awareness and prevention efforts to protect children and apply resources to prevent incidents of child abuse, neglect and domestic abuse,” he said.

DoD is under pressure from two powerful members of the Senate Armed Services Committee who have pressed Defense Secretary Chuck Hagel for child abuse statistics and a plan to reverse the trend.

The senators’ inquiry was sparked by an Army Times investigation that found 29,552 cases of child abuse in the Army alone between 2003 and 2012. The abuse led to the death of 118 Army children; 1,400 of the cases included sexual assault.

The number of Army cases has spiked 28 percent between 2008 and 2011. The Air Force is also reporting a 25 percent increase in cases of child abuse and assault between 2008 and 2012.

In all services except the Marine Corps, the number of cases has continued to climb. The Marine Corps cases dropped by 5 percent between 2011 and 2012 and have dropped significantly in fiscal 2013. But the number of Marine child abuse deaths has risen.

Between 2008 and 2012, there were 5,755 cases in the Air Force, 267 of them sexual, resulting in 16 deaths.

The Marine Corps figures for 2011 and 2012 showed 1,591 cases, 47 of them sexual, with six deaths. There have been four deaths this year.

The Navy reported 3,336 cases between 2009 and 2012, with a decline in 2012. But figures for the first half of 2013 show the number of cases climbing again. Among Navy families, 42 children were killed between 2008 and 2012.

Alexandra Wolf

About Alexandra Wolf

Alex Wolf is a second year law student at the University of Houston Law Center. In 2010, she received a Bachelor of Arts in sociology from the University of Colorado at Boulder. Prior to attending law school, Alex worked as a paralegal at the Lanier Law Firm’s Los Angeles office. During college, Alex interned for Covenant House Texas, a shelter for at-risk youth as well as for Conscious Alliance, a non-profit organization dedicated to eradicating hunger for children and adults alike. Alex also served as an undergraduate research assistant analyzing deviant and suicidal tendencies and behaviors. This summer, Alex worked as a law clerk for Berg & Androphy, a firm specializing in white-collar defense and qui tam actions. Alex is on the Houston Journal of International Law and serves as secretary for the Immigration and Human Rights Law Society.

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