up his daughter. the law was designed to keep indian children and their families together. cnn legal analyst avery freedman says in this case, the law was misused. >> it's a wonderful law which seeks to preserve the integrity of families of native americans, but it cannot be used as a bludgeon to destroy the integrity of an existing family. >> the assistant attorney general for the cherokee nation says the law is clear. >> some of the protections provided by the indian child welfare act, there's a placement preference, if children are removed by the state or if they're placed in a private adoption placement. the first choice is a family member. >> reporter: but in cases like this, what about the child? >> everybody keeps saying how bad they feel for us.