The tribe also has jurisdiction over non-reservation Native Americans foster care placement proceedings. The appeal to return Lexi to the Pages is still before the 2nd District Court of Appeal in Los Angeles. 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. The family's lawyer, Lori Alvino McGill, filed the request for the California Supreme Court to hear the appeal. They are not strangers. Rusty Page says his young biological children still cant seem to understand what happened. 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. Its a crusade to them. One of the Pages attorneys, Lori Alvino McGill, also represented the adoptive family in the Baby Veronica case. "They were ashamed she was Native American, and they made her ashamed she was Native American," Maldonado said. 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. Where is Lexi page now? She says she's an apple, red on the outside, white on the inside.". Copyright 2023 by The Associated Press. Congress did not intend ICWA's placement preferences to be used to remove a child from a loving home in these circumstances. 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. This material may not be published, broadcast, rewritten, or redistributed. Please respect the privacy of Lexi and her family. On March 21, Los Angeles County social workers came to Rusty and Summer Pages home to take Lexi away. All rights reserved, Two Hospitalized in Critical Condition, Including 3-Year-Old Child, in Fire at Long Beach Home, There Goes My Hero.' The child ultimately was placed with her maternal grandmother, a member of the White Earth Band of Ojibwe. One of Lexis biological sisters, who is Choctaw, lives with the Utah family, and another lives nearby. Removal 1830-1862. 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.". 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. And Lexi is part Choctaw, a federally recognized American Indian tribe, which means the Indian Child Welfare Acts placement preferences applied. 1 talking about this. Her mother had substance abuse problems, and her father had a criminal history, according to court records. 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. Her father has a criminal history, according to court records. Under the transfer, Lexi will live with a Utah couple who are not Native Americans but are related by marriage to her father. Once a child is placed with a Native American family, it is highly unlikely that the decision would be reversed, he added. 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. 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. But placement with family is always our priority. ###. They said they wanted to adopt the girl. The boy is now 3, and the couple is seeking to adopt his younger half-sister. The law was designed to help Native American families remain intact. The case is one of dozens brought by foster families since the Indian Child Welfare Act was passed in the late 1970s. 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. They are taking her! "They are not strangers in any way, shape or form. 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. Still, Lexis story is reigniting tensions over the purpose of the ICWA and thorny questions over its role in determining the best interests of Indian children. 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. The documents said that Lexi is related to the Utah couple, who are not Native American, through her step-grandfather. Copyright 2023 CBS Interactive Inc. All rights reserved. Her name is Lexi, the petition said. Rusty Page told KNX-AM radio. She said Lexi and the Utah family had traded messages and had monthly visits during the past three years. The Pages have appealed the case to the California Supreme Court. 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The bottom line is that children subject to ICWA are second-class citizens, by law. The states say the law is discriminatory, and the federal government has no right to tell states how to regulate child welfare cases. 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. Our clients have been the only consistent source of love, nurturing, parenting, and protection she has received her entire life. 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. Live footage on our Facebook page. The Page family loves you.. But officials determined that Lexi is 1/64th Choctaw based on his ancestry. They say tribes are a political classification, not a racial one, and overturning the Indian Child Welfare Act would lead to untold damage in tribal communities. The foster family understood this. If the good-cause exception isn't satisfied in this case, it is difficult to imagine when it ever would be. "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?" 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. Lexi had a court-appointed attorney from the Childrens Law Center of California in the lower courts. This existing Indian family doctrine is a subject of conflict in the lower courts, the Pages petition said, and warrants review. . "Fundamentally, the issue here is that the Indian Child Welfare Act subordinates individualized considerations of a child's best interest in favor of a blunt assumption that being placed with a tribe is going to be better for the tribe, and that's just demonstrably untrue," he said. Every time Zoe, whos the youngest, hears the doorbell she says Lexis home, he says. 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. Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, U.S. officials clashed over asylum restriction before Biden proposed it, Chicago Mayor Lori Lightfoot loses reelection bid, Transcript: CIA director William Burns on "Face the Nation," Feb. 26, 2023. The brutal racial politics of the Indian Child Welfare Act. The tribe at first said she wasn't eligible for membership but later reversed course. Once a child is placed with a Native American family, it is highly unlikely that the decision would be reversed, he added. By George F. Will. 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. 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. Distraught and weeping, Page shared his foster daughter's parting words with CBS Los Angeles: "Don't let them take me. 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. 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. Circuit Court of Appeals. First published on July 8, 2016 / 10:41 PM. A California appeals court affirmed in July a lower court's decision to remove the girl. Lexi, who is 1/64th Native American, was 17 months old when she was removed from the of her birth parents. 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. 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. After she left Croatia last year, Lexi jetted off to Saint Lucia, where she spent her birthday. Wenona Singel, a law professor at Michigan State University, said membership requirements vary among tribes, with some being more restrictive than others. The following statement reflects the Choctaw Nation's position on the case of Lexi. All children, not just Native children, do better with caring relatives. 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. According to the Los Angeles Daily News, Lexi and her extended family have had monthly visits and Skyped at least once a week prior to her relocation. 2019 The Associated Press. 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. Official Statement from Lori Alvino-McGill representing The Page Family's Legal Team. The ICWA piece created a vehicle for all of the appeals, she said. 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. A similar case, National Council for Adoption v. Jewell, is on appeal to the 4th U.S. "Only because of the Indian Child Welfare Act, (and) people following it, he has a community," she said. 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. 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. 0 . 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. Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi. The law, passed in 1978, outlines federal requirements that apply to state custody proceedings that involve a child who is a member of or eligible for membership in a federally recognized tribe. 2016 CBS Interactive Inc. All Rights Reserved. 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. Lexi can remain where she. Lexi was ripped away from the only family she has ever known because of the Indian Child Welfare Act (ICWA). After leaving the boat, Lexi decided to completely leave the yachting industry. 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. According to the Los Angeles Daily News, Lexi and her . The Five Tribes purchased new lands in present-day Oklahoma, but some relocated . Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi. "There is a 6-year-old little girl who is going to be ripped away from the only family that she has ever known. ", Page said he responded: "I have to because the county of L.A. said I have to.". Lexi is now with her extended family and her biological sister in Utah. The Pages have three children and want to adopt Lexi, who has lived with them since she was 2. . The Pages had cared for the girl, known in court as Lexi, for four years and wanted to adopt her. Therefore we will continue to work to maintain these values and work toward the long-term best interest of this child.". An independent clinical psychologist was brought in to gauge her ability to transition from the foster home to her relatives. 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. Official Statement from Lori Alvino-McGill representing The Page Family's Legal Team. Track SoCal rain with LIVE Megadoppler 7000 HD. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. When expanded it provides a list of search options that will switch the search inputs to match the current selection. ICWA gives a higher preference to family members seeking to adopt, as does California law. 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. What happened to Lexie Grey? In the days since Lexi was removed from the Southern California home, her foster parents have continued to fight the decision. Our clients have been the only consistent source of love, nurturing, parenting, and protection she has received her entire life. However, Lexi also had extended family members who sought to adopt her once it was clear that a reunion with her birth father was not possible. "It was important to halt that removal, to correct state behavior, to put in minimum standards," 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 ). Please enter valid email address to continue. Get browser notifications for breaking news, live events, and exclusive reporting. By. "The issue is not what degree of Choctaw ancestry a child has," Singel said. Lexi is now living in Utah with relatives of her father who are not Native Americans. Last month, her kindergarten class gave her an award for being the most caring student. A king among men, he. What happened yesterday should never happen, to any child. Thomas Blakely, a Choctaw Indian teenager, lives with his family in Idabel, Okla., one of many poor, rural communities within the sprawling . The placement preferences are just that -- preferences-- and they apply only when a child is in need of a placement. The Pages were always aware of this goal. BY LORELEI LAIRD January 11, 2017 www.abajournal.com. Congress passed the Indian Child Welfare Act in 1978 because a high number of Native American children were being removed from their homes by public and private agencies. Rusty Page told KNX-AM radio. "She has a loving relationship with them," Heimov said. In a statement, they said this case is not about politics. 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 Minnesota couple, the Cliffords, wanted to adopt a girl who lived with them after being in various foster homes for two years. "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. 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. 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 . 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. and ", 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. As they arrived, Rusty Page says he closed the door and gathered his family in the living room. 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. 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.'. We, as a tribe, are required to follow federal law. The foster family filed appeals three times to keep Lexi, delaying the reuniting of Lexi with her relatives. / CBS/AP. Lexi is now living with relatives of her father who are not Native American. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. 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 wrenching dispute echoes themes of the 2013 Baby Veronica case, in which an adoptive family sued for custody of a young Cherokee girl after her biological father renounced paternal rights. There is a 6-year-old little girl who is going to be ripped away from the only family that she has ever known. 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. Singel is a member of a tribe in Michigan. "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. Lexi's case is one of dozens brought by foster families since the Indian Child Welfare Act was passed. An independent clinical psychologist was brought in to gauge her ability to transition from the foster home to her relatives. 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. 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. I'm scared. May 21, 2022 . 07:28 GMT 10 Jan 2017. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. The case brought dozens of people to the Pages' Santa Clarita neighborhood to demonstrate against plans to move Lexi. Lexi lived four of her first six years with a non-Native American California foster family, but because she . 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. Before enactment, as many as 25 to 35 percent of all Indian children were being removed from their Indian homes and placed in non-Indian homes, with presumably the absence of Indian culture. 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 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. Kastelic also said there was a misconception that Native American families were unfit or too poor to care for their children. Many Native American families have stories about loved ones who disappeared and never returned. 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. Chyler Grey starred in Grey's Anatomy on ABC from 2007 until 2012. . The state Supreme Court declined to review the case, clearing the way for the family to petition the U.S. Supreme Court to intervene. LOS ANGELES (KABC) -- Summer and Rusty Page say they "will never ever stop fighting for Lexi," their 6-year-old foster daughter who was taken from their Santa Clarita home and placed with relatives in Utah under the federal Indian Child Welfare Act. This button displays the currently selected search type. "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?" What happened yesterday should never happen, to any child. She did make the mat for Daytona 2020 but unfortunately never got to perform one final time as the . The law allows states to deviate from placement preferences when there is "good cause." For an optimal experience visit our site on another browser. The Pages have fought efforts under the federal Indian Child Welfare Act to place Lexi with relatives of her father, who is part Choctaw. Sleep is overrated. 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. These relatives have been a part of Lexi's life for almost five years. If the good-cause exception isn't satisfied in this case, it is difficult to imagine when it ever would be. The child's case falls under the purview of the federal Indian Child Welfare Act, which was enacted in the 1970s to help keep American Indian children with American Indian families. The relatives are not Native American but Lexi was reunited with biological sister. "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. 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. They were able to adopt the boy in January 2018 after the placement fell through. Long Waits, Short Appointments, Huge Bills. 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. Theyre using this to attack tribal sovereignty, attack Indian people, and attack the Indian Child Welfare act, he says. Father had a court-appointed attorney from the Childrens law Center of California in the courts! Page says he closed the door and gathered his family in Utah a... California Supreme Court to hear the appeal the best placement of Lexi her! To family members seeking to adopt, as does California law, Page shared his foster 's. 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