back. brown's attorney said he claimed he'd been tricked into signing papers agreeing to give up his daughter. brown won full custody under a law called the indian welfare act of 1978. 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 -- the integrity of an existing family. >> reporter: 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 private adoption placement, the first preference is for a family member. >> reporter: in cases like this, what about the child?