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. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. The case was one of dozens brought by foster families since the Indian Child Welfare Act was passed in the late 1970s. "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 ). "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. Singel is a member of a tribe in Michigan. It was enacted in 1978 because of the high removal rate of Indian children from their traditional homes and essentially from Indian culture as a whole. Copyright 2023 by The Associated Press. Rusty and Summer Page said in a statement that the high court's decision was a 'crushing blow.'. "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 ). "There's no doubt in my mind that what happened . Lexi is now living in Utah with relatives of her father who are not Native Americans. Thomas Blakely, a Choctaw Indian teenager, lives with his family in Idabel, Okla., one of many poor, rural communities within the sprawling . Last March, she was taken from her foster home near Los Angeles, and a state appeals court in July upheld the girl's removal from the Page home. 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. The standard is supposed to be the best interest of the child, and thats why these things have to be judged on a case-by-case basis., The Choctaw Nation declined to make the Utah family available for comment, citing concerns over Lexis safety. A California appeals court affirmed in July a lower court's decision to remove the girl. They said they wanted to adopt the girl. ", The Choctaw Nation said it "desires the best for this Choctaw child.". The Goldwater Institute, a conservative legal organization, brought a proposed class-action lawsuit challenging ICWA directly in 2015. Lexi had a court-appointed attorney from the Childrens Law Center of California in the lower courts. The Pages have three children and want to adopt Lexi, who is 1/64th Choctaw on her birth father's side. Lexi is now with her extended family and her biological sister in Utah. 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. 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. Here are the world's 25 best beaches and top 10 in the U.S. Elizabeth Holmes has second child, seeks to delay prison, remove a six-year-old girl with Native American ancestry from her foster family, asked the appeals court to reverse a lower court ruling. "She has a loving relationship with them," Heimov said. 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. The state Supreme Court declined to review the case, clearing the way for the family to petition the U.S. Supreme Court to intervene. Often there are no easy solutions, but when a court makes an order, we must follow it, said the departments director, Philip Browning. Rusty Page told CBS News Radio station KNX-AM. One of Lexis biological sisters, who is Choctaw, lives with the Utah family, and another lives nearby. 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. 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. The California Court of Appeals originally ruled in August of 2014 that Lexi could stay with the Pages and they could continue to fight the Utah family for custody of the child. Our family is so incredibly devastated, Rusty Page said in a video statement. Her father has a criminal history, according to court records. They are her sisters. Earlier this week I shared the story of a California family that risked losing their six-year-old foster daughter Lexi simply because the girl is 1/64 Choctaw. 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. 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 . "Only because of the Indian Child Welfare Act, (and) people following it, he has a community," she said. "Rather the issue is whether the child is a citizen of the tribe in question or eligible for citizenship.". Hernandez is a plaintiff in the case. 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. First published on March 12, 2019 / 8:06 AM. 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. 07:28 GMT 10 Jan 2017. The Pages have fought efforts under the federal Indian Child Welfare Act to place Lexi with relatives of her father, who is part Choctaw. Copyright 2023 by The Associated Press. 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. 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.. 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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. "Our family is so incredibly devastated. The foster family understood this. This dental device was sold to fix patients' jaws. Once a child is placed with a Native American family, it is highly unlikely that the decision would be reversed, he added. Lexi was ripped away from the only family she has ever known because of the Indian Child Welfare Act (ICWA). These relatives have been a part of Lexi's life for almost five years. They have maintained a relationship with her, visiting her in California, making regular SKYPE calls, and Lexi has also been on extended visits to Utah. Lexi can remain where she. Lexi's foster dad, Rusty, sobs after she is driven away March 21, 2016 in Santa Clarita, Calif. Schools on Native American reservations in state of disrepair, Flying bug found at Walmart turns out to be rare Jurassic-era insect. Lexi clutched a teddy bear and cried as she was taken from the Pages' home on March 21 as neighbors prayed and sang hymns in support of the family. What happened yesterday should never happen, to any 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. Lexi was 17 months old when she was removed from the custody of her birth parents. 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. This button displays the currently selected search type. 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. The Pages argued that Lexi has lived with them since the age of 2 and considers them her family. Rusty Page says his young biological children still cant seem to understand what happened. 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. Maldonado and her husband have an adopted son from a neighboring tribe. Where is Lexi page now? Lexi loves horses and art. She said Lexi and the Utah family had traded messages and had monthly visits during the past three years. At issue is the Indian Child Welfare Act (ICWA), a 1978 federal law meant to keep American Indian children within their tribe whenever possible. "To say we are heartbroken is an understatement.". Our clients have been the only consistent source of love, nurturing, parenting, and protection she has received her entire life. 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. Read More David Crane / Los Angeles Daily News via AP, had been camped out in the street singing and praying since Sunday. 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. The boy's parents voluntarily terminated their parental rights, and the Brackeens petitioned to adopt him. A foster home is supposed to be temporary, says Matthew Fletcher, director of the Indigenous Policy Law Center at Michigan State University. 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. . Six-year-old Lexi was removed from the home of the family she has been living with for four years because of the Indian Child Welfare Act of 1978. 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. 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. First published on July 8, 2016 / 10:41 PM. One of her biological sisters lives with the family in Utah, and another lives down the street. 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. 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. 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. 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. . The Pages have three children and want to adopt Lexi, who has lived with them since she was 2. 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. Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi. The Brackeens got an emergency stay and went to court. They are not interested in anything except full custody, and they are not thinking about this little girls best interests, the lawyers statement said. We believe that following the Choctaw Nations values is in Lexis best interest.". 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. Maddie cant fathom it, and she asks us why, and the fact of the matter is that I cant tell her why, because I cant fathom it.. The Choctaw Nation has advocated for Lexi to live with her family since 2011. Copyright 2023 CBS Interactive Inc. All rights reserved. They were also designed to give state courts flexibility to depart from the placement preferences where there is "good cause" to do so. Lexi clutched a teddy bear and cried as she was taken from the Pages' home on March 21 as neighbors prayed and sang hymns in support of the family. Further complicating the matter is that no two adoption cases are alike, which can make legal rulings meant to apply broadly particularly fraught. 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. Their attorney argued the lower court made an error by failing to take into account Lexi's bond with her foster parents and siblings. Circuit Court of Appeals on Wednesday. All rights reserved. In a statement, they said this case is not about politics. But officials determined that Lexi is 1/64th Choctaw based on his ancestry. "They are not strangers in any way, shape or form. The bottom line is that children subject to ICWA are second-class citizens, by law. Congress did not intend ICWA's placement preferences to be used to remove a child from a loving home in these circumstances. They do not get the same best-interest-of-the-child standard that applies to all other children. 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. Family members said Monday they were disappointed that the U.S. Supreme Court declined to hear a case involving their former foster daughter, a girl with Native American ancestry, who was ordered removed from their California home and reunited with relatives in Utah. She said unlike her, 11-year-old Riley is growing up on the reservation and learning about traditional medicine and a culture that includes hunting and fishing. The placement preferences are just that -- preferences-- and they apply only when a child is in need of a placement. An independent clinical psychologist was brought in to gauge her ability to transition from the foster home to her relatives. "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.". What happened yesterday should never happen . The Pages were always aware of this goal. The relatives are not Native American but Lexi was reunited with biological sister. 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. She was reunited with her biological sister in the home but none of the family members are Native American. These relatives have been a part of Lexi's life for almost five years. 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. Since then, Lexi has celebrated four birthdays with the Page family. Many of those gathered had been camped out in the street singing and praying since Sunday, when the officers were originally expected to arrive. About a dozen states have similar laws, some of which expand the definition, said Sarah Kastelic, director of the National Indian Child Welfare Association. 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. 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. 0 . 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. 2019 The Associated Press. By Placement with family is the gold-standard of any child-custody case, not just a case involving tribal children. Copyright 2023 NBCUniversal Media, LLC. The Choctaw Nation has advocated for Lexi to live with her family since 2011. The Pros and Cons of Staying in a Business Hotel, The Ultimate Guide to Enjoying Crabs and Lobsters Delivered Right to Your Door, Golden Rule Quotes Meaning and Their Implementation. Wenona Singel, a law professor at Michigan State University, said membership requirements vary among tribes, with some being more restrictive than others. May 21, 2022 . The brutal racial politics of the Indian Child Welfare Act. The comments below have not been moderated, By 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. 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. Where is Lexi page now 2021? 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. ICWA gives tribal governments a strong voice concerning child custody proceedings that involve Indian children, by allocating tribes exclusive jurisdiction over the case when a child is a ward of the tribe. 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. 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. Her father has a criminal history, according to court records. What happened to Lexie Grey? Rusty Page told KNX-AM radio. 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.'. Lexi's case is one of dozens brought by foster families since the Indian Child Welfare Act was passed. 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 keep Native American families together. 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. Have an adopted son from a loving relationship with them, '' Heimov said who has lived with them the. And went to court an emergency stay and went to court records failing to take account. 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