Remember that LA County placed this little girl in foster care with our clients after she had suffered two years of neglect and abuse. The family has been waiting for five years for all of them to be together. I'm scared. All rights reserved. Copyright 2023 by The Associated Press. In a statement to TV Line in June 2012, Leigh revealed . The appeal to return Lexi to the Pages is still before the 2nd District Court of Appeal in Los Angeles. The Librettis in Nevada arranged with a pregnant woman, Altagracia Hernandez, to adopt her unborn child. But thats not an absolute. ICWA is the subject of other legal challenges, as the ABA Journal noted last October. "The issue is not what degree of Choctaw ancestry a child has," Singel said. Track SoCal rain with LIVE Megadoppler 7000 HD. In 2013, the U.S. Supreme Court ruled the law didn't apply in a South Carolina case involving a young girl named Veronica because her Cherokee father was absent from part of her life. The California court appointed a marriage and family therapist to perform a child custody evaluation to assess the mental health and parenting practices of both parties. ", The National Indian Child Welfare Association said in a statement that the Pages were aware for years that the girl was an American Indian but chose to "drag out litigation as long as possible, creating instability for the child. The family has been waiting for five years for all of them to be together. By George F. Will. The states say the law is discriminatory, and the federal government has no right to tell states how to regulate child welfare cases. Her . But this case shines a bright light on the ways in which the law in its current form is routinely being misinterpreted, with devastating consequences for families and children. The law has led to some emotional, high-profile cases, including one in 2016 in which a court ordered that a young Choctaw girl named Lexi be removed from a California foster family and placed with her father's extended family in Utah. Lexi, who is 1/64 Choctaw, was taken from her foster home north of Los Angeles in a tearful parting in March and placed with extended family in Utah under a decades-old federal law designed to. Rusty and Summer Page of Santa Clarita, California, have long fought to gain custody of Lexi, 6, who is 1.56 percent Choctaw Native American. Rusty Page says his young biological children still cant seem to understand what happened. The Pages have three children and want to adopt Lexi, who is 1/64th Choctaw on her birth father's side. "It would be fairly extraordinary for an appeals court to reverse that," he said. In the meantime, our clients hope that the family in Utah will follow through on their promise to keep Lexi in contact with her family in Los Angeles. Lexi was 17 months old when she was removed from the custody of her mother, who had drug-abuse problems. Lawmakers found that Native American families were broken up at disproportionately high rates, and that cultural ignorance and biases within the child welfare system were largely to blame. Use of this site constitutes acceptance of our, Digital The Pages' case to get Lexi back went all the way to the Supreme Court, which declined to hear it. Don't let me go. ", The Associated Press contributed to this report, Elizabeth Holmes has 2nd child as she tries to avoid prison, New Topgolf facility opens next to Montebello Golf Course, Man stopped at Pa. airport with explosive concealed in checked luggage. "But nobody could possibly be more devastated than our 6-year-old daughter who found herself restrained in a car and driven away to go and live in a foreign place hundreds of miles from her family, friends, teachers, home and life," the statement said. These relatives have been a part of Lexi's life for almost five years. Dozens of supporters also surrounded the Pages home Monday in an attempt to block LA DCFS officers. The boy is now 3, and the couple is seeking to adopt his younger half-sister. DOWNTOWN LOS ANGELES (KABC) -- The custody battle over a 6-year-old girl heated up on Friday, as a state appeals court heard arguments from both sides. Her father, who had a criminal history, never lived on a Choctaw reservation and didnt have any social, political, or cultural ties to the tribe, according to the court documents. "They are not strangers in any way, shape or form. The Pages argued that changing the girls placement after four years would be difficult for her, given her rocky emotional adjustment when she first came to them, but the lower court ultimately disagreed. We, as a tribe, are required to follow federal law. This dental device was sold to fix patients' jaws. She said Lexi and the Utah family had traded messages and had monthly visits during the past three years. Our clients have been the only consistent source of love, nurturing, parenting, and protection she has received her entire life. Since then, Lexi has celebrated four birthdays with the Page family. What happened to Lexie Grey? The Page family loves you.. The Utah family had never met Lexi at that time; and the tribe agreed there was good cause to depart from ICWA's placement preferences. Because Lexi is 1.5% Native American, the Choctaw Tribe was able to completely tear apart Lexi's life due to an egregious misapplication of the Indian Child Welfare Act. Lawmakers found that Native American families were broken up at disproportionately high rates, and that cultural ignorance and biases within the child welfare system were largely to blame. In an official statement (via TVLine), Leigh shared she made the decision that season 8 was going to be her last, and along with Rhimes, they worked to "give Lexie's story appropriate . The U.S. Supreme Court on Monday declined to review the case of a Santa Clarita family fighting to regain custody of a 6-year-old foster girl. The Pages argued that Lexi has lived with them since the age of 2 and considers them her family. Get browser notifications for breaking news, live events, and exclusive reporting. The placement preferences are just that -- preferences-- and they apply only when a child is in need of a placement. The law allows states to deviate from placement preferences when there is "good cause." Lawmakers found that Native American families were broken up at disproportionately high rates, and that cultural ignorance and biases within the child welfare system were largely to blame. "While the past 10 days have been complete anguish for our family, there's no way our pain can compare to the confusion and disorientation that Lexi is experiencing," Rusty Page said. The emotional scene played out on a Facebook live stream watched by more that 1,000 people which showed a teary child, wearing a pink shirt and grasping a teddy bear while Rusty Page carried her out of the home and loaded into a black sedan as his wife wailed I love you Lexi from the driveway. ", The Choctaw Nation said it "desires the best for this Choctaw child.". Sleep is overrated. Rusty Page told KNX-AM radio. "There's no doubt in my mind that what happened to Lexi should have never occurred," said Lauren Axline, a former foster care worked who handled Lexi's case in the past. Her name is Lexi," the petition said. They are not interested in anything except full custody, and they are not thinking about this little girls best interests, the lawyers statement said. There is a healthy debate going on in this country about whether the Indian Child Welfare Act is on balance a good thing, or not, as a policy matter. In the days after losing their legal battle, the Pages addressed an online petition called Keep Lexi Home to several California and LA DCFS officials. "The Pages were always aware that the goal was to place Lexi with her family, and her permanent placement has been delayed due to the Pages opposition to the Indian Child Welfare Act, the Choctaw Nation echoed in a statement. A Santa Clarita family appealed to California's highest court to keep a 6-year-old foster child who was removed from their home and sent to live with relatives in Utah. There's a heartbreaking update to . These relatives have been a part of Lexi's life for almost five years. They are taking her! 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David Crane / Los Angeles Daily News via AP, had been camped out in the street singing and praying since Sunday. The family's lawyer, Lori Alvino McGill, filed the request for the California Supreme Court to hear the appeal. The child ultimately was placed with her maternal grandmother, a member of the White Earth Band of Ojibwe. The Pages said they plan to take the case to the California Supreme Court. The girl, Lexi, was taken away from foster parents Rusty and Summer Page on March 21, 2015, after about four years living with the family. The Five Tribes purchased new lands in present-day Oklahoma, but some relocated . Her father has a criminal history, according to court records. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. "To Lexi this family is her everything . In a statement, they said this case is not about politics. Family . The tribe at first said she wasn't eligible for membership but later reversed course. Many in tears @NBCLA pic.twitter.com/lM1iWZiChk, The Pages lawyer said in a statement Sunday that they had been willing to offer the Utah family visitation rights, but they never responded to offers of compromise.. The Pages have appealed the case to the California Supreme Court. Lexi had a court-appointed attorney from the Childrens Law Center of California in the lower courts. The documents said that Lexi is related to the Utah couple, who are not Native American, through her step-grandfather. What happened yesterday should never happen . Lexi entered foster care because her biological parents had substance abuse problems and a criminal record, and the relatives in Utah are related to her through her step-grandfather. The girl with Native American ancestry was reunited with relatives in Utah under the federal Indian Child Welfare Act, which was enacted in the 1970s to help protect the interests of Native American children. Please enter valid email address to continue. A California appeals court affirmed in July a lower court's decision to remove the girl. 1 talking about this. Summer Page runs out of her home after social workers took her foster child way. Lexis only parent with Choctaw blood is her birth father, who never had custody of her. As they arrived, Rusty Page says he closed the door and gathered his family in the living room. I'm scared. Testimony in Congress showed that was due to ignorance of tribes' values and social norms. Please help #bringlexihome This button displays the currently selected search type. what happened to lexi choctaw 2021. invisible stranding in knitting. Like many six-year-olds, shes obsessed with the animated super-dog Bolt, and she spends her weekends playing with her three foster siblings in the backyard of her foster parents home in Santa Clarita, CA. The Supreme Court made no comment when it denied certiorari in the case Monday (PDF). Lexi can remain where she. "To this day, she's never come back to the reservation. Maldonado and her husband have an adopted son from a neighboring tribe. Correction: The original version of this story misstated which of Lexis relatives in Utah are members of the Choctaw Nation. The following statement reflects the Choctaw Nation's position on the case of Lexi. May 21, 2022 . They are not strangers. The Choctaw Nation has advocated for Lexi to live with her family since 2011. "Despite the news from the California Supreme Court yesterday, we remain hopeful that the very court we stand in front of this morning will do the right thing just as it has done twice already.". Distraught and weeping, Page shared his foster daughter's parting words with CBS Los Angeles: "Don't let them take me. What happened yesterday should never happen . Lexi is also one sixty-fourth Choctaw, and last week she became the latest flash point in a long-running dispute over child welfare and Native American tribal identity. In their petition, the Pages argued that the lower court misapplied the standard of review for good cause to depart from ICWA, but also that ICWA should not apply to children who had never been part of an American Indian family. The state Supreme Court declined to review the case, clearing the way for the family to petition the U.S. Supreme Court to intervene. Its a crusade to them. One of the Pages attorneys, Lori Alvino McGill, also represented the adoptive family in the Baby Veronica case. 0 . The girl, Lexi, was taken away from foster parents. Circuit Court of Appeals. LOS ANGELES -- A California family appealed Tuesday to the state's highest court in their fight to keep a 6-year-old foster child who was removed from their home after a lower court said her 1/64th Native American bloodline requires that she live with relatives. The Pages said they had not spoken with Lexi since she was removed from their home and continue to asked her relatives in Utah to allow communication. Lexi is now living in Utah with relatives of her father who are not Native Americans. Alexa suffered injuries on her face. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 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Because Lexi is 1.5% Native American, the Choctaw Tribe was able to completely tear apart Lexi's life due to an egregious misapplication of the Indian Child Welfare Act. "How is it that a screaming child, saying, 'I want to stay, I'm scared,' how is it in her best interest to pull her from the girl she was before that doorbell rang?" The LA DCFS said in a statement that the department always seeks to act in the best interest of the children it serves. A California appeals court affirmed in July a lower courts decision to remove the girl. You want the child to stay with relatives, especially when Native American questions are at hand, whenever possible. Lexi was placed with the Pages who have three other children in December 2011 after two unsuccessful foster homes, including one where she was taken out of because of a black eye and a scrape on her face, the court documents said. The result here is all the more senseless because placing Lexi with her non-Indian extended family members does nothing to further ICWA's purpose of keeping children connected to their tribes. There is still considerable disagreement over the application of the law and whether it serves children's best interest, said Ralph Richard Banks, a professor at Stanford Law School. Leslie Starr Heimov, executive director of the Center, told the ABA Journal last year that the Pages would have been unlikely to get custody even if ICWA had not applied to the case. In the days since Lexi was removed from the Southern California home, her foster parents have continued to fight the decision. The Utah family had never met Lexi at that time; and the tribe agreed there was good cause to depart from ICWA's placement preferences. "Rather the issue is whether the child is a citizen of the tribe in question or eligible for citizenship.". Lexi is a 6-year-old girl from California who has spent the the majority of her life in a loving home - a home that she wanted to be her forever home. It means that Indian kids will not have the same stability that non-Indian kids have. The Pages say they have repeatedly tried to adopt Lexi since she came to live with them when she was two-years-old. Like many of her teammates, Lexi had left Navarro College by the time Daytona 2021 took place. The family's lawyer, Lori Alvino McGill, filed the request for the California Supreme Court to hear the appeal. Images of the girl being carried away from her foster home drew widespread attention. Once a child is placed with a Native American family, it is highly unlikely that the decision would be reversed, he added. ICWA gives a higher preference to family members seeking to adopt, as does California law. Santa Clarita, Calif., March 21, 2016, PEZ Cancels Easter Egg Hunt After Parents Cause Huge 'Mess', How We Can Learn to Live with COVID-19 After Vaccinations. Rusty Page carries Lexi while Summer Page, in the background, cries as members of family services, left, arrive to take Lexi away from her foster family in Santa Clarita, Calif., on March 21. ", The Choctaw Nation said it "desires the best for this Choctaw child.". But 6-year-old Lexi's foster family says the application of the law in . Forrest Hanson For Dailymail.com The latest case centers on Chad and Jennifer Brackeen, a Texas couple who fostered a baby eligible for membership in both the Navajo and Cherokee tribes. After she left Croatia last year, Lexi jetted off to Saint Lucia, where she spent her birthday. "It coerces state agencies and courts to carry out unconstitutional and illegal federal policy, and it makes child custody decisions based on racial preferences," Texas Attorney General Ken Paxton has said. About a dozen states have similar laws, some of which expand the definition, said Sarah Kastelic, director of the National Indian Child Welfare Association. Tribes and tribal advocates say Native American children are still separated from their families at rates higher than the general population, and the law helps them stay connected to their tribes, relatives and culture. The case was one of dozens brought by foster families since the Indian Child Welfare Act was passed in the late 1970s. The case was one of dozens of cases involving foster families have gone to court around the country after the Indian Child Welfare Act was passed in the late 1970s. We believe that following the Choctaw Nations values is in Lexis best interest.". In 2011, extended family in Utah became aware that Lexi was with a foster family and expressed interest in adopting her, according to the documents. Lexi is now living with relatives of her father who are not Native American. Theyre using this to attack tribal sovereignty, attack Indian people, and attack the Indian Child Welfare act, he says. "The issue is not what degree of Choctaw ancestry a child has," Singel said. The problem that is that there are so many variables, says Adam Pertman, president of the National Center on Adoption and Permanency, a nonprofit devoted to issues of adoption and child welfare that has not taken a public position on Lexis case. Lexi's case is one of dozens brought by foster families since the Indian Child Welfare Act was passed. Her father has a criminal history, according to court records. The brutal racial politics of the Indian Child Welfare Act. A king among men, he. "The law is very clear that siblings should be kept together whenever they can be, and they should be placed together even if they were not initially together," Heimov told the Los Angeles Daily News (http://bit.ly/1pYtXlg ). 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