Rusty and Summer Page of Santa Clarita, California, had asked the Supreme Court to reconsider a Los Angeles juvenile courts ruling that there was no good cause to depart from the placement preferences in the Indian Child Welfare Act. Many of those gathered had been camped out in the street singing and praying since Sunday, when the officers were originally expected to arrive. "They are not strangers in any way, shape or form. The Librettis in Nevada arranged with a pregnant woman, Altagracia Hernandez, to adopt her unborn child. Lexi cried and clutched a stuffed bear on Monday as Rusty Page carried her out of his home near Los Angeles and Los Angeles County social workers whisked her away in a waiting car. Its a crusade to them. One of the Pages attorneys, Lori Alvino McGill, also represented the adoptive family in the Baby Veronica case. The National Indian Child Welfare Association argues that the decision to re-place Lexi was the right one because "the purpose of foster care is to provide temporary care for children not to fast-track the creation of new families when there is extended family available who want to care for the child.". Write to Charlotte Alter at charlotte.alter@time.com. When expanded it provides a list of search options that will switch the search inputs to match the current selection. After several trials and appeals, a judge ruled that Lexi should leave her foster family and be placed with distant relatives in Utah. Her name is Lexi, the petition said. The tribe at first said she wasn't eligible for membership but later reversed course. 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. ICWA is the subject of other legal challenges, as the ABA Journal noted last October. 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 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. Lexi was 17 months old when she was removed from the custody of her mother, who had drug-abuse problems. 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. 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. They are not strangers. In 2015, the Bureau of Indian Affairs issued guidance on implementing the Indian Child Welfare Act - clarifying that tribes alone are responsible for determining who is a member. Her mother had substance abuse problems, and her father had a criminal history, according to court records. July 8, 2016 / 10:41 PM 0 . Hernandez isn't Native American, but the biological father is from Ysleta del Sur Pueblo in El Paso, Texas. The childs birth parents struggled with substance abuse, according to court documents. The Goldwater Institute, a conservative legal organization, brought a proposed class-action lawsuit challenging ICWA directly in 2015. 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. The states say the law is discriminatory, and the federal government has no right to tell states how to regulate child welfare cases. The Brackeens got an emergency stay and went to court. In March, Lexi cried and clutched a stuffed bear as Rusty Page carried her out of his home and Los Angeles County social workers whisked her away in a waiting car. The child ultimately was placed with her maternal grandmother, a member of the White Earth Band of Ojibwe. The case was decided in the California court system three separate times, with three different trial court judges ruling in favor of Lexi's relatives in Utah. 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. February 28, 2023. You have reached your limit of free articles. They are taking her! ABC's Kayna Whitworth has the details from Los Angeles. The Choctaw Nation has advocated for Lexi to live with her family since 2011. 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. / CBS/AP. Although foster care is supposed to be temporary, the Pages wanted to adopt Lexi and for years fought efforts under the federal act to place the girl with relatives of her father, who is part Choctaw. According to the Los Angeles Daily News, Lexi and her . Her relatives said in a statement they hope the ruling brings closure and "Lexi is at last allowed to live a peaceful childhood in our home with her sister.". All Rights Reserved. Live footage on our Facebook page. DEPARTMENT OF CHILDREN AND FAMILY SERVICES. She said Lexi and the Utah family had traded messages and had monthly visits during the past three years. We are appealing the decision, and we have asked the state Supreme Court to step in and halt this hasty change in custody before it causes irreparable harm. "It would be fairly extraordinary for an appeals court to reverse that," he said. Associated Press, Parents whose foster daughter, six, was ripped from them because she is part Native American and they are white, appeal case to Californias Supreme Court as they hit out at 'an outrageous abuse of power', EXCLUSIVE: Biological father of six-year-old girl torn from foster parents because she is part Native American is a violent drug criminal who bragged of 'white supremacist friends', EXCLUSIVE - 'Please do the right thing and send our daughter home': Heartbroken white foster parents of girl, six, seized for being 1/64th Native American plead with new 'family' to return her to the only home she's ever known, 'Food isn't worth eating. Lexi had sobbed as she was taken away, begging her father: 'Don't let them take me away.'. Lower courts found the Pages had not proven Lexi would suffer emotional harm by the transfer. A happy, thriving six-year-old girl was forcibly removed from the people she knows as her parents because of a terribly misguided interpretation of a federal law that was designed to keep families together, not tear them apart. 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. For an optimal experience visit our site on another browser. Our hearts are broken and we are trying to make sense of everything that has happened with our three other children who witnessed their sister Lexi forcefully ripped away from our family by strangers," the Page family said in a statement Monday night. 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And applying ICWA to children who had no prior connection to any tribe raises grave equal protection concerns, as the US Supreme Court recognized in 2013, in Adoptive Couple v. Baby Girl. We, as a tribe, are required to follow federal law. Lexi, who is part Choctaw, was 17 months old when she was removed from custody of her mother. 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 had cared for the girl, known in court as Lexi, for four years and wanted to adopt her. Rusty Page says his young biological children still cant seem to understand what happened. This material may not be published, broadcast, rewritten, or redistributed. Kastelic also said there was a misconception that Native American families were unfit or too poor to care for their children. The case was decided in the California court system three separate times, with three different trial court judges ruling in favor of Lexi's relatives in Utah. We are no longer accepting comments on this article. The Pages said they will keep fighting for changes to the law 'and the rights of other children unnecessarily hurt by the Indian Child Welfare Act.'. They are not strangers. Official Statement from Lori Alvino-McGill representing The Page Family's Legal Team. 2016 CBS Interactive Inc. All Rights Reserved. "Rather the issue is whether the child is a citizen of the tribe in question or eligible for citizenship.". Where is Lexi page now 2021? The Pages have three children and want to adopt Lexi, who is 1/64th Choctaw on her birth father's side. A happy, thriving six-year-old girl was forcibly removed from the people she knows as her parents because of a terribly misguided interpretation of a federal law that was designed to keep families together, not tear them apart. The law allows states to deviate from placement preferences when there is "good cause." "The foster family was well aware years ago this girl is an Indian child, whose case is subject to the requirements of the Indian Child Welfare Act," the National Indian Child Welfare Association said in a statement. Her . Every time Zoe, whos the youngest, hears the doorbell she says Lexis home, he says. Lawsuits claim it wrecked their teeth. First published on July 8, 2016 / 10:41 PM. All Rights Reserved. Lexi was 17 months old when she was removed from the custody of her birth parents. It means if youre a foster family and if you have an Indian child, you should be terrified that your child could be taken at any time, says Mark Fiddler, a Minnesota attorney who represented the adoptive parents in the Baby Veronica case. Copyright 2023 by The Associated Press. 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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. They are not interested in anything except full custody, and they are not thinking about this little girls best interests, the lawyers statement said. The following statement reflects the Choctaw Nation's position on the case of Lexi. ", The Choctaw Nation said it "desires the best for this Choctaw child.". The expansion of Anglo-American settlement into the Trans-Appalachian west led to the passage of the Indian Removal Act in 1830, forcing all eastern tribal nations to move to new homelands west of the Mississippi River in the Indian Territory. The Pages and their attorneys believe the ICWA forced the countys hand, requiring them to take Lexi away from a loving home with foster parents and siblings she considers family. Placement with family is the gold-standard of any child-custody case, not just a case involving tribal children. The Pages were always aware of this goal. A crowd of friends and neighbors wept, prayed or sang hymns. Lexi was ripped away from the only family she has ever known because of the Indian Child Welfare Act (ICWA). But new hope is on the horizon for the Choctaw Nation. Fans of the social media star dropped encouraging comments for her and wished her a speedy recovery. After leaving the boat, Lexi decided to completely leave the yachting industry. 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. The Pages have three children and want to adopt Lexi, who has lived with them since she was 2. Chyler Grey starred in Grey's Anatomy on ABC from 2007 until 2012. . Theyre using this to attack tribal sovereignty, attack Indian people, and attack the Indian Child Welfare act, he says. "Our family is so incredibly devastated. Testimony in Congress showed that was due to ignorance of tribes' values and social norms. The Pages have three children and want to adopt Lexi, who was 17 months old when she was removed from the custody of her birth parents. 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. 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 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 . Reading ICWA to demand this tragic result is inconsistent with Lexi's constitutional right to stability and permanence-- a right recognized by the California Supreme Court more than twenty years ago. "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. LOS ANGELES -- A California appeals court affirmed on Friday a lower court's decision to remove a six-year-old girl with Native American ancestry from her foster family of four years and reunite her with relatives in Utah. "Rather the issue is whether the child is a citizen of the tribe in question or eligible for citizenship.". The comments below have not been moderated, By Lexi is now with her extended family and her biological sister in Utah. 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 family's lawyer, Lori Alvino McGill, filed the request for the California Supreme Court to hear the appeal. 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. 2023 TIME USA, LLC. "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. Our clients have been the only consistent source of love, nurturing, parenting, and protection she has received her entire life. A crowd of friends and neighbors wept, prayed or sang hymns. Lexi cried and clutched a stuffed bear on Monday, March 21, 2016 as Rusty Page carried her out of his Santa Clarita home and social workers whisked her away. McGill also requested that custody of the child named Lexi be returned to Rusty and Summer Page until the appeal is decided. At issue is the Indian Child Welfare Act (ICWA), a 1978 federal law meant to keep American Indian children within their tribe whenever possible. According to the Los Angeles Daily News, Lexi and her . Her mother had substance abuse problems, and her father had a criminal history, according to court records. When the federal law was enacted, studies showed up to one-third of Native American children were being taken from their homes by private and state agencies, including church-run programs, and placed with mostly white families or in boarding schools. Foster care is a much-needed temporary service provided for children until the child can be returned to the care of his or her family. The Minnesota couple, the Cliffords, wanted to adopt a girl who lived with them after being in various foster homes for two years. Rusty and Summer Page said in a statement that the high court's decision was a 'crushing blow.'. The Pages' case to get Lexi back went all the way to the Supreme Court, which declined to hear it. Please enter valid email address to continue. 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. "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. There is a 6-year-old little girl who is going to be ripped away from the only family that she has ever known. 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. 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. Their attorney argued the lower court made an error by failing to take into account Lexi's bond with her foster parents and siblings. But thats not an absolute. 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. By Attorneys general in Texas, Indiana and Louisiana joined in suing the federal government over the Indian Child Welfare Act in 2017. 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. Lexi is now living with relatives of her father who are not Native American. Our family is so incredibly devastated, Rusty Page said in a video statement. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. Lexi's case is one of dozens brought by foster families since the Indian Child Welfare Act was passed. Please help #bringlexihome Lexi had a court-appointed attorney from the Childrens Law Center of California in the lower courts. Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, 6-year-old caught in tribal custody battle. The tribe intervened and has identified three dozen possible placements. She has woken up in their home every Christmas morning she can remember, and she has grown up over the past four years with three siblings who are her best friends and playmates. To Lexi this family is her everything her mommy, daddy and brother and sisters. By Monday afternoon, more than 40,000 people had signed the petition. A 6-year-old girl was removed from the California home of the foster family she has lived with for four years because she has a tiny sliver of Native American heritage despite resistance from her foster parents and their tens of thousands of supporters. Because Lexi is 1.5% Native American, the Choctaw Tribe was able to completely tear apart Lexis life due to an egregious misapplication of the Indian Child Welfare Act. "To say we are heartbroken is an understatement.". The U.S. Bureau of Indian Affairs sought to clarify the term in 2016 by saying state courts shouldn't consider socio-economic status, or ordinary bonding or attachment to host families, among other things. AccuWeather: AM showers before a mild afternoon, Teammate facing charges in crash that killed local UGA player, Teens in stolen car crash into school bus on way to field trip in NJ. Her family will provide her a safe, stable and nurturing home to grow up with her sisters and to have contact with her extensive extended family. After several trials and appeals, a judge ruled that Lexi should leave her foster family and be placed with distant relatives in Utah. "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.". These relatives have been a part of Lexi's life for almost five years. what happened to lexi choctaw 2021. invisible stranding in knitting. "The issue is not what degree of Choctaw ancestry a child has," Singel said. In adoptions of such children, the law requires states to notify tribes and seek placement with the child's extended family, members of the child's tribe or other Native American families. 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