Law | National

Court supports return of child to Cherokee father under ICWA





The South Carolina Supreme Court affirmed a decision to return custody of a two-year-old girl to her father, a member of the Cherokee Nation who lives in Oklahoma.

By a 3-2 vote, the court ruled that the Indian Child Welfare Act gives preference to father Dusten Brown. The tribe had intervened on his behalf.

"Baby Girl, as an Indian child, has a strong interest in retaining ties to her cultural heritage," the decision stated.

The ruling is apparently the first of its kind in South Carolina, where a non-Indian couple tried to adopt the girl. The girl was born in Oklahoma.

Get the Story:
SC court agrees with return of native American tot (AP 7/26)

South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012)

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