"Only because of the Indian Child Welfare Act, (and) people following it, he has a community," she said. Even if they were the best family in the world, he says, its not who Lexi views as family.. This material may not be published, broadcast, rewritten, or redistributed. 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. 19:37 GMT 09 Jan 2017 When expanded it provides a list of search options that will switch the search inputs to match the current selection. After she left Croatia last year, Lexi jetted off to Saint Lucia, where she spent her birthday. All Rights Reserved. We told her we loved her and were fighting for her and well never stop fighting for her., Then, as can be seen in a video that soon went viral, he handed-over a crying Lexi as her foster mother Summer Page and three siblings sobbed in front of the house. Lexi's safety and wellbeing are the Choctaw Nation's paramount concern. They were also designed to give state courts flexibility to depart from the placement preferences where there is "good cause" to do so. "It was important to halt that removal, to correct state behavior, to put in minimum standards," she said. Thousandsnearly one-third of the Choctaw Nationdie of starvation, exposure, and disease on the more than 500-mile journey. But officials determined that Lexi is 1/64th Choctaw based on his ancestry. Rusty Page told KNX-AM radio. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. "They are not strangers in any way, shape or form. 1 talking about this. "There is a 6-year-old little girl who is going to be ripped away from the only family that she has ever known. Her mother had substance abuse problems, and her father had a criminal history, according to court records. If the good-cause exception isn't satisfied in this case, it is difficult to imagine when it ever would be. After several trials and appeals, a judge ruled that Lexi should leave her foster family and be placed with distant relatives in Utah. "These relatives have been a part of Lexi's life for almost five years. Lexi can remain where she belongs, with extended family that will raise her and a sister in the Choctaw tradition. "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. A foster home is supposed to be temporary, says Matthew Fletcher, director of the Indigenous Policy Law Center at Michigan State University. We, as a tribe, are required to follow federal law. and . 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. Her mother had substance abuse problems, and her father had a criminal history, according to court records. 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. Maldonado and her husband have an adopted son from a neighboring tribe. 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. Bridgeport, NJ - The NOS Energy World of Outlaws sprint cars invaded the Bridgeport Motorsports Park on Tuesday eveningand thrilled the Standing Room Only crowd who poured into th Many of those gathered had been camped out in the street singing and praying since Sunday, when the officers were originally expected to arrive. BY LORELEI LAIRD January 11, 2017 www.abajournal.com. Once a child is placed with a Native American family, it is highly unlikely that the decision would be reversed, he added. Testimony in Congress showed that was due to ignorance of tribes' values and social norms. 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. He said the Indian Child Welfare Act may have been well-intentioned, but it illegally segregates Native American children by race and has upended his clients' lives. 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 fathers extended family in Utah. . 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 Choctaw Nation said it "desires the best for this Choctaw child.". 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. 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. ", Page said he responded: "I have to because the county of L.A. said I have to.". The legal fight has gone on for years. "Rather the issue is whether the child is a citizen of the tribe in question or eligible for citizenship.". Allie Greenleaf Maldonado said her grandmother and uncles were placed in boarding schools, forced to cut their hair and beaten if they practiced their religion. But thats not an absolute. Lower courts found the Pages had not proven Lexi would suffer emotional harm by the transfer. what happened to lexi choctaw 2021. The appeal to return Lexi to the Pages is still before the 2nd District Court of Appeal in Los Angeles. "Our family is so incredibly devastated. The girl's sister is living with the couple, and another sister will be living down the street, said Leslie Heimov of the Children's Law Center of California, Lexi's court-appointed legal representatives. 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. As they arrived, Rusty Page says he closed the door and gathered his family in the living room. 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. That case has key differences from the fight over Lexi: Baby Veronica was legally adopted through a private agency, while foster care is a more limited form of guardianship. 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 . Relatives are relatives.. The Pages argued that Lexi has lived with them since the age of 2 and considers them her family. "To Lexi this family is her everything . All rights reserved, Two Hospitalized in Critical Condition, Including 3-Year-Old Child, in Fire at Long Beach Home, There Goes My Hero.' 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. The placement preferences are just that -- preferences-- and they apply only when a child is in need of a placement. Her father has a criminal history, according to court records. This button displays the currently selected search type. Its a crusade to them. One of the Pages attorneys, Lori Alvino McGill, also represented the adoptive family in the Baby Veronica case. By Lexi, who is part Choctaw, was 17 months old when she was removed from custody of her mother. McGill also requested that custody of the child named Lexi be returned to Rusty and Summer Page until the appeal is decided. The documents said that Lexi is related to the Utah couple, who are not Native American, through her step-grandfather. 2016 CBS Interactive Inc. All Rights Reserved. Lexi is now living in Utah with relatives of her father who are not Native Americans. / CBS/AP. The ICWA piece created a vehicle for all of the appeals, she said. "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 ). 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. We appreciate the concern for Lexi and want to assure everyone she is in a safe, loving home with her relatives and her biological sisters. They do not get the same best-interest-of-the-child standard that applies to all other children. Previously, Leslie Heimov of the Children's Law Center of California said: '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. 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. She said Lexi and the Utah family had traded messages and had monthly visits during the past three years. Lexi is now with her extended family and her biological sister in Utah. Images of the girl being carried away from her foster home drew widespread attention. But other experts say that placing children with relatives is the goal of foster care and adoption, and even non-Indian kids are better off with relatives. The law allows states to deviate from placement preferences when there is "good cause." Long Waits, Short Appointments, Huge Bills. The Pages issued a press release saying To say we are heartbroken is an understatement While this is certainly a crushing blow, it will not stop us from fighting for Lexis rights and the rights of other children unnecessarily hurt by the Indian Child Welfare Act., The Choctaw Nation issued a press release saying it was pleased that this lengthy and unnecessary litigation has been brought to an end by the U.S. Supreme Court. Placement with family is the gold-standard of any child-custody case, not just a case involving tribal children. They fought for you, supporters screamed at the car, as officers prepared to pull away. Images of foster father Rusty Page clutching 6-year-old Lexi left an indelible mark when the L.A. County Department of Children and Family Services arrived to take her away from Page and his wife's Valencia home in March. Summer Page runs out of her home after social workers took her foster child way. "It would be fairly extraordinary for an appeals court to reverse that," he said. One of Lexis biological sisters, who is Choctaw, lives with the Utah family, and another lives nearby. The Choctaw Nation has advocated for Lexi to live with her family since 2011. The state Supreme Court declined to review the case, clearing the way for the family to petition the U.S. Supreme Court to intervene. Rusty Page says his young biological children still cant seem to understand what happened. 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. Unlike other cases in Grey's Anatomy where the actors left due to behind-the-scenes problems, Chyler Leigh decided it was time to close Lexie's arc as she wanted to spend more time with her family. Garland testifies before Senate panel amid ongoing special counsel probes, Colon cancer rates rising in younger age group, study finds, Top McCarthy aide, House Oversight chair each met with Ashli Babbitt's mother, What to know about Shigella bacteria as drug-resistant strain spreads, Closing arguments underway in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Fiery train crash in Greece kills dozens, many of them students. The family has been waiting for five years for all of them to be together. The experts along with Lexi's long-time individual therapists, her social worker and her attorney, all agree it is in her best interest to be with her relatives. You have reached your limit of free articles. We are no longer accepting comments on this article. The Choctaw Nation issued a press release saying it was "pleased that this lengthy and unnecessary litigation has been brought to an end by the U.S. Supreme Court. Under the transfer, Lexi will live with a Utah couple who are not Native Americans but are related by marriage to her father. ", 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. First published on March 12, 2019 / 8:06 AM. Lexi was taken from the Page home on Monday afternoon, Armand Montiel, a public affairs director with LA DCFS, told NBC News. The Librettis in Nevada arranged with a pregnant woman, Altagracia Hernandez, to adopt her unborn child. 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. McGill also requested that custody of the child named Lexi be returned to Rusty and Summer Page until the appeal is decided. Circuit Court of Appeals. Associated Press This dental device was sold to fix patients' jaws. Opinion. 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. 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. "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 ). They are not strangers. Rusty and Summer Page said in a statement that the high court's decision was a 'crushing blow.'. 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. They said they wanted to adopt the girl. Lexi is part Native American and was given . Lexi was 17 months old when she was removed from the custody of her birth parents. 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. According to the Los Angeles Daily News, Lexi and her . 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. Often there are no easy solutions, but when a court makes an order, we must follow it, said the departments director, Philip Browning. Copyright 2023 CBS Interactive Inc. All rights reserved. Please enter valid email address to continue. In the days since Lexi was removed from the Southern California home, her foster parents have continued to fight the decision. After several trials and appeals, a judge ruled that Lexi should leave her foster family and be placed with distant relatives in Utah. The tribe at first said she wasn't eligible for membership but later reversed course. The Indian Child Welfare Act was passed in the 1970s to reunite Native American families broken up at disproportionately high rates due to cultural ignorance and biases within the child welfare system. Rusty Page told CBS News Radio station KNX-AM. You want the child to stay with relatives, especially when Native American questions are at hand, whenever possible. She is watching them drive off. IE 11 is not supported. We appreciate the concern for Lexi and want to assure everyone she is in a safe, loving home with her relatives and her biological sisters. "The Pages are obviously extremely disappointed with the court's decision, but they believe in our judicial system and remain hopeful that they will ultimately prevail," their attorney, Lori Alvino McGill, said in a statement. 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. For an optimal experience visit our site on another browser. Page says he has met the Utah relatives and they seem like well-meaning people who would be great parents. They are her sisters. The LA DCFS said in a statement that the department always seeks to act in the best interest of the children it serves. ABC7 New York 24/7 Eyewitness News Stream. However, a three-judge panel in Los Angeles found the lower court made the right decision and correctly considered the bond Lexi developed with the Pages as well as other factors related to her best interests. Live footage on our Facebook page. Like many of her teammates, Lexi had left Navarro College by the time Daytona 2021 took place. What Are the Best Alternatives to Eventbrite? "She has a loving relationship with them," Heimov said. 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