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. All Rights Reserved. ", 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. David Crane / Los Angeles Daily News via AP, had been camped out in the street singing and praying since Sunday. Elisha Fieldstadt is a breaking news reporter for NBC News. 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. Under the transfer, Lexi will live with a Utah couple who are not Native Americans but are related by marriage to her father. As they arrived, Rusty Page says he closed the door and gathered his family in the living room. The girl, Lexi, was taken away from foster parents. Lexi was 17 months old when she was removed from the custody of her mother, who had drug-abuse problems. Read More and "The issue is not what degree of Choctaw ancestry a child has," Singel said. Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi. 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. Our family is so incredibly devastated, Rusty Page said in a video statement. 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. 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. 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. Dave Grohl Hauls Big BBQ Smoker to LA Shelter to Feed People Amid Storm, 5 Freeway Closed North of LA Due to Snow and Poor Visibility, Avalanche Blocks Road in Mount Baldy Area After Cold Storm Drops Several Feet of Snow, 2 Arrested in Stabbing Death of Father on Downtown LA Street, March 1983: The Day a Rare Tornado Rampaged Through Los Angeles. . On March 21, Los Angeles County social workers came to Rusty and Summer Pages home to take Lexi away. A crowd of friends and neighbors wept, prayed or sang hymns. Images of the girl being carried away from her foster home drew widespread attention. 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 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. All Rights Reserved. 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 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. The Pages argued that Lexi has lived with them since the age of 2 and considers them her family. The foster family understood this. Rusty Page told KNX-AM radio. Lexis only parent with Choctaw blood is her birth father, who never had custody of her. The LA DCFS said in a statement that the department always seeks to act in the best interest of the children it serves. The Pages were always aware of this goal. 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 . That case, Carter v. Washburn, is pending in Arizona federal court. 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. 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. Chyler Grey starred in Grey's Anatomy on ABC from 2007 until 2012. . Rusty and Summer Page said in a statement that the high court's decision was a 'crushing blow.'. Long Waits, Short Appointments, Huge Bills. The Indian Child Welfare Act is meant to help tribes keep children in tribal homes where they can learn about their culture. 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. Placement with family is the gold-standard of any child-custody case, not just a case involving tribal children. ", 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 Indian Child Welfare Act defines Indian children as enrollees or potential enrollees who have a biological parent who is a member of any of the country's 573 federally recognized tribes. The foster parents spoke out Thursday morning during a news conference in front of the Ronald Reagan State Building in downtown Los Angeles, just a day after the California Supreme Court refused to intervene in their battle over Lexi, who is part Choctaw. 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 foster family understood this. Where is Lexi page now? Wenona Singel, a law professor at Michigan State University, said membership requirements vary among tribes, with some being more restrictive than others. In a statement, they said this case is not about politics. They do not get the same best-interest-of-the-child standard that applies to all other children. 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. A federal judge in Texas ruled the Indian Child Welfare Act is unconstitutional, saying it is racially motivated and violates the equal protection clause. 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?" However, a court found that the Pages have not proven Lexi would suffer emotional harm by the transfer. 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. 19:37 GMT 09 Jan 2017 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 Supreme Court made no comment when it denied certiorari in the case Monday (PDF). All rights reserved. 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. "They are not strangers in any way, shape or form. Lexi is now with her extended family and her biological sister in Utah. The Removal Act affects Choctaw first. 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. February 28, 2023. They are not strangers. The ICWA piece created a vehicle for all of the appeals, she said. They do not get the same best-interest-of-the-child standard that applies to all other 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 . Lexi had sobbed as she was taken away, begging her father: 'Don't let them take me away.'. Please help #bringlexihome 2016 CBS Interactive Inc. All Rights Reserved. Copyright 2023 CBS Interactive Inc. All rights reserved. On Thursday, in a statement to ABC7, the Choctaw Nation said, "We are pleased with the state Supreme Court's decision, but what is most important is that Lexi is settling into her new, loving home 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. In a statement to TV Line in June 2012, Leigh revealed . Her name is Lexi, the petition said. 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. 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. Official Statement from Lori Alvino-McGill representing The Page Family's Legal Team. The tribe intervened and has identified three dozen possible placements. 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. Chris Evans doxxed his own dick Tweet may have been deleted By accidentally leaking his own nude, Chris Evans gave us one of the only relatable celebrity moments of 2020. "She has a loving relationship with them," Heimov said. May 21, 2022 . Don't let me go. 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. Lexi, a six-year-old with one-and-a-half per cent Choctaw blood has been removed from her foster parents of five years Protesters tried to stop government officials from taking the child from. 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. That law "seeks to keep American Indian children with American Indian families," according to its own language. "To say we are heartbroken is an understatement.". Thousandsnearly one-third of the Choctaw Nationdie of starvation, exposure, and disease on the more than 500-mile journey. what happened to lexi choctaw 2021. The Minnesota couple, the Cliffords, wanted to adopt a girl who lived with them after being in various foster homes for two years. Get browser notifications for breaking news, live events, and exclusive reporting. Lexi can remain where she. The Choctaw Nation has advocated for Lexi to live with her family since 2011. After several trials and appeals, a judge ruled that Lexi should leave her foster family and be placed with distant relatives in Utah. A California appeals court affirmed in July a lower courts decision to remove the girl. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. First published on March 12, 2019 / 8:06 AM. ", The Choctaw Nation said it "desires the best for this Choctaw child.". They were able to adopt the boy in January 2018 after the placement fell through. Rusty and Summer Page said in a statement Monday that the high court's decision is a "crushing blow." Correction: The original version of this story misstated which of Lexis relatives in Utah are members of the Choctaw Nation. "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 Pages were always aware of this goal. Regardless of tribal membership, Lexi should be allowed to live with her family, just as all children in any deprived case should.. The Pages have fought efforts under the federal Indian Child Welfare Act to place Lexi with relatives of her father, who is part Choctaw. The placement preferences are just that -- preferences-- and they apply only when a child is in need of a placement. They are taking her! Without comment, the nation's highest court on Monday denied the petition. Her . 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. The boy is now 3, and the couple is seeking to adopt his younger half-sister. 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. The law is very clear in California that family gets priority, she said. She says she's an apple, red on the outside, white on the inside.". 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. Opinion. Sleep is overrated. 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. At issue is the Indian . 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. "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.". "They were ashamed she was Native American, and they made her ashamed she was Native American," Maldonado said. Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, 6-year-old caught in tribal custody battle. But officials determined that Lexi is 1/64th Choctaw based on his ancestry. 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. While it is unclear what she is up to now in terms of her career, Lexi has enjoyed traveling quite a bit in the meantime. "Our family is so incredibly devastated. 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. Hernandez is a plaintiff in the case. 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. When the grandmother died, Maldonado's mother was sent to live in Indiana with a Mennonite family who put bleach on her skin to lighten it, told her to say she was Armenian and kept her from communicating with her family, she said. Lexi was 17 months old when she was removed from the custody of her birth parents. The U.S. Supreme Court declined on Monday to hear a foster familys challenge to the adoption of their former foster daughter under the Indian Child Welfare Act. By The tribe also has jurisdiction over non-reservation Native Americans foster care placement proceedings. 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. Copyright 2023 KABC Television, LLC. Copyright 2023 by The Associated Press. The following statement reflects the Choctaw Nation's position on the case of Lexi. 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. "They are not strangers in any way, shape or form. 2023 TIME USA, LLC. 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. Official Statement from Lori Alvino-McGill representing The Page Family's Legal Team. IE 11 is not supported. 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. What happened yesterday should never happen . and 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. 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. Lexi lived four of her first six years with a non-Native American California foster family, but because she . One of Lexis biological sisters, who is Choctaw, lives with the Utah family, and another lives nearby. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. 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. All Rights Reserved. Our clients have been the only consistent source of love, nurturing, parenting, and protection she has received her entire life. Dozens of supporters also surrounded the Pages home Monday in an attempt to block LA DCFS officers. "Rather the issue is whether the child is a citizen of the tribe in question or eligible for citizenship.". What Are the Best Alternatives to Eventbrite? 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. The comments below have not been moderated, By 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. They are not strangers. Matthew McGill represents the Brackeens, two other couples from Nevada and Minnesota, and a birth mother in the case. Singel is a member of a tribe in Michigan. / CBS/AP. What happened yesterday should never happen . We are no longer accepting comments on this article. 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. 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. 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. Family . "These relatives have been a part of Lexi's life for almost five years. "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. Many of those gathered had been camped out in the street singing and praying since Sunday, when the officers were originally expected to arrive. The boy's parents voluntarily terminated their parental rights, and the Brackeens petitioned to adopt him. The Pages' case to get Lexi back went all the way to the Supreme Court, which declined to hear it. For an optimal experience visit our site on another browser. The Pages have appealed the case to the California Supreme Court. Therefore we will continue to work to maintain these values and work toward the long-term best interest of this child.". The Pages had cared for the girl, known in court as Lexi, for four years and wanted to adopt her. Since then, Lexi has celebrated four birthdays with the Page family. Copyright 2023 by The Associated Press. The family has been waiting for five years for all of them to be together. 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 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. 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. They are her sisters. 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. "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. The law was designed to help Native American families remain intact. Since then, Lexi has celebrated four birthdays with the Page family. 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. 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 Page family spoke out during a news conference a day after the California Supreme Court refused to intervene in their custody battle over Lexi. 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 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, refused to intervene in their battle over Lexi. The state Supreme Court declined to review the case, clearing the way for the family to petition the U.S. Supreme Court to intervene. A similar case, National Council for Adoption v. Jewell, is on appeal to the 4th U.S. What degree of Choctaw ancestry a child has, '' Heimov said four birthdays with the Page family of. That applies to all other children carried away from her foster family, but because she non-reservation! But are related by marriage to her father ; s life for almost five years understatement. `` had as... Distant relatives in Utah of friends and neighbors wept, prayed or sang.... Quot ; These relatives have been the only consistent source of love, nurturing, parenting, a! 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