Baby Veronica's home still under debate - WCBD-TV: News, Weather, and Sports for Charleston, SC

Baby Veronica's home still under debate

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The court, who once said it was "with a heavy heart" to rule in favor of the state's lower court in the fight over baby Veronica, now faces the same case again.

Friday the South Carolina Supreme Court was handed back the decision the ruled on last year involving the Indian Child Welfare Act. Now, they're being asked by the nation's highest court to determine where the child should live, not whether the ICWA applies.

Late last month the Supreme Court of the United States ruled in favor of a James Island adoptive couple battling to keep baby Veronica because they said ICWA did not apply in this case.

The act, written in 1978, was intended to keep Native American children with their tribal heritage.

In the case of baby Veronica, she lived with her adoptive parents for two years since the time she was born, but was taken to live with her biological father (a registered Cherokee member) after the South Carolina family court ruled in his favor.

However, the majority of the nation's highest justices said the ICWA did not apply to this case because the biological father had relinquished his rights and never had custody of the baby girl.

Now that the SCOTUS ruling has reversed the state's decision the state decides when, how or if Veronica stays living in Oklahoma or returns to Charleston.

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