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Veronica may not be saved - abc27 WHTM

Veronica may not be saved

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Veronica Rose (Provided) Veronica Rose (Provided)

CHARLESTON, S.C. (WCIV) -- A child removed from the home of her adoptive parents on terms legal by the Indian Child Welfare Act is not expected to return to Charleston.

Veronica Rose was taken from the James Island couple that adopted her at birth and returned to her biological father in Oklahoma on New Year's Eve of 2011.

The girl's father, Dusten Brown, claims he didn't know the girl's biological mother was putting her up for adoption when he signed away his parental rights.

Brown filed for paternity and custody four months after the child was born in September 2009. He filed for custody with Oklahoma family court. The case was dismissed, and jurisdiction was granted to South Carolina. Brown, a Cherokee Nation citizen, eventually utilized the Indian Child Welfare Act to remove Veronica from the home of Matt and Melanie Capobianco. 

The Capobiancos immediately appealed to the South Carolina Supreme Court.

On Tuesday, April 17, the court reviewed the case. Thursday the court ruled in favor of the Indian Child Welfare Act.

The ruling was soon followed by this post on the Save Veronica Facebook page:

"To all of our amazing supporters it is with completely broken hearts that we share this devastating news with you. The SC Supreme Court has ruled 3-2 in favor of the Indian Child Welfare Act. Veronica is to remain in Oklahoma and will not be coming home to Charleston. We cannot thank you enough for all of your prayers and willingness to stand as a united front for our sweet Veronica."

Representatives of the Cherokee Nation support the decision and hope the Capobiancos refrain from pursuing the matter in the U.S. Supreme Court.

"We're very pleased with the results," Cherokee Nation Attorney General Todd Hembree said. "This is a victory not only for the Cherokee baby and her father, but for all of Indian Country. The Cherokee Nation has done a great job to ensure the Indian Child Welfare Act is enforced to preserve Indian families."

Check back with ABC News 4 as we continue to develop this story.

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