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. Advocates say that those decades of broken traditions and communities contribute to the challenges nativegroups face in the 21st century, when tribes still suffer from disproportionate poverty. Sometimes with dire consequences. I was explaining to him that the women "give it up" much easier than in his day, and do shit ya didn't even talk about back then as a matter of of course. The chief wore European-style clothing, as worn by . (Page 28). Yet Lexis youngest biological half-sister was moved directly to Utah, apparently without reunification services for the biological parents; unclear how placement is consistent with ICWA; status of placement (temporary vs pre-adoptive) unclear; DCFS has provided no information regarding the situation. Two women and a man at least one of whom was an L.A. County social worker knocked on the Page familys door in Saugus about 2:30 p.m. About 10 minutes later, the girl was carried to a car by her foster father as his wife screamed Lexi, I love you! and another girl with her screamed No! amid sounds of a child crying. ", "Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi," the statement added. "There's no doubt in my mind that what happened . Lexi is 1.5 percent Choctaw, meaning she is considered a member of the tribe. The Indian-removal process continued. The child is usually taken by a social worker or in better situations, a family member is waiting for the child to take her to her new home. A formal letter was sent to DCFS that never made its way to the tribe. 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.. We have a mission beyond circulation, we want to bridge divides. She has a loving relationship with them, Heimov said. If you were to come up with a punchline to a joke about the Monitor, that would probably be it. The Choctaw tribe has decided to place Lexi with extended relatives in Utah, who are not Native Americans and will not be living on the reservation. In my first dates it was a struggle to get a blow job. In the days since Lexi was removed from the Southern California home, her foster parents have continued to fightthe decision. The Choctaw Nation, far from their seemingly harmless statement earlier in the week, stated that they advocated for Lexi's placement with the Utah family.. 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's foster siblings screamed 'no' over and over, crying hysterically as their sister was taken. Were known as being fair even as the world becomes as polarized as at any time since the newspapers founding in 1908. 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. "What happened . Save Lexi. On March 9, Rusty and Summer Page appealed afamily courts decision to send Lexitolive with her Utah relatives, and the court granted a temporary stay, the familys attorney,Lori Alvino McGill, told The Post. In a statement, the tribe said it wants what is best for the child. 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 tribe's values of faith, family and culture are what makes our tribal identity so important to us. It demotes the best interests of the child from the top priority; it makes a childs relationship with a tribe supremely important. But the clash between a caring family, and a cultural community, is heightened in this case because the family Lexi is being sent to is not nativeAmerican: they are related to her father by marriage. They have come to . And Im going to argue that we change lives precisely because we force open that too-small box that most human beings think they live in. What happened yesterday should never happen . Meanwhile, the foster familys attorney, Lori Alvino McGill, said family intends to file a petition in the California Supreme Court imminently to keep Lexi in the state. 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 (ICWA), and who has relatives who were willing to raise her if reunification with her father was unsuccessful, the organization said in a statement. |, Child & Adolescent Psychiatry & Mental Health. The young girl is being sent to live with extended relatives in Utah. The Facts. He lived near the Pages, so the tribe agreed to place Lexi there. 1831 The Choctaw Nation began removal from Mississippi to Indian Territory, becoming the first of the Five Tribes to be forcibly removed. Menu. 'Despite our pleas to the county, we received word the county has every intention of taking Lexi today. The Page family and their supporters many of whom were carrying signs outside the home that said #KeepLexihome say the girl has been living in a stable environment for nearly five years. Choctaw descendants numbered more than 159,000 in the early 21st century. The horrifying scene came days after Rusty and his wife Summer were denied an emergency stay to keep the part-Native American child. The Pages have fostered beforebut despite accusations, had a good relationship with the biological father & had no intention of adopting. By September 2012, he declined further reunification services. The girl has visited the Utah family regularly over the past three years, she said. As Lexi was being ripped away from her family, the Pages legal team filed with the California Supreme Court for emergency relief and for the states highest court to hear the case. 'This little girl, we are her home. Her biological father, who is Native American, had an extensive criminal history, according to court records cited by the Los Angeles Daily News. 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., VIDEO: Lexi, who is part Choctaw, is taken away from her foster family in Santa Clarita. Track SoCal rain with LIVE Megadoppler 7000 HD. This message will appear once per week All rights reserved. The second appeal demanded the trial court to come to a decision with 30 days, absent extraordinary circumstances, but did not anticipate the changing of a judge, which led to a hasty decision in the third trial. Protesters spent the night wrapped up in sleeping bags and in tents outside the Page's Santa home on Sunday. The unnecessary mentions of her 1/64th Choctaw ancestry were regurgitated like standards written on a chalkboard, and when 1/64th transformed into 1.5% that was regurgitated by supporters as well. The Pages' legal team sent this statement to ABC News: What happened [Monday] should never happen, to any child. Come Friday, however, the Supreme Court should be shocked into hearing the arguments against the federal government usurpation, through the ICWA, of the states responsibility for protecting children in jeopardy, regardless of their biological ancestry. I come outside to cry and go back inside to play in the backyard with them,' he said. Chief Justice John G. Roberts Jr. has asked, Is it one drop of blood that triggers all these extraordinary rights? Indeed, the primitive concept of racial blood, recast as DNA, triggers tribal rights and extinguishes a states right to protect many childrens rights. 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. A central issue stems from Lexis heritage, which has stirred up questions about which family is best suited to raise her. Picture of the Choctaw Native Indian The above picture depicts Mushulatubbee, meaning "Determined to Kill" who was a Chief of the Choctaw. This has become a legal issue but its also a family reunification issue and a sibling issue, Heimov said. Corrections? 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. Heres why. Let us know if you have suggestions to improve this article (requires login). 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. First myth to bust is that the Choctaw nation just now stepped up to address issues with the child. The ICWA requires that Indian children be placed with Indian foster families. Latest book reviews, author interviews, and reading trends. The family took the case to court, but their most recent emergency stay was lifted. The court decision rests on a federal law meant to protect native American children's best interests, but the Pagesargue that it has been misapplied in Lexi's case and is forcing her to be ripped from theonly family that she has ever known.. But the court then declined the request last week pending appeal, McGill said. (Page 7), At the time of the first appeal, Lexi had already lived with the Ps for 2.5 years. Native American children with Native American families. Lexi is now with her extended family and her biological sister in Utah. Were about kicking down the door of thought everywhere and saying, You are bigger and more capable than you realize. Hear about special editorial projects, new product information, and upcoming events. Rusty Page carries Lexi while Summer Page, in the background, cries as members of family services (l.) arrive to take Lexi away from her foster family in Santa Clarita, Calif., Monday. Summer and Rusty raised Lexi for the last five years and spent the last two-and-a-half trying to adopt her with no success. Lexi shows her face by telling the junior deckhand to "take [his] Afrikaans ass and go the f-k away." (For the record, this is simply further proof that she has no idea what she's talking . Monitor journalism changes lives because we open that too-small box that most people think they live in. The intent behind the ICWA is to make sure that Native American children are kept not only within the family but within the tribe and within the culture, ABC News senior legal analyst Sunny Hostin explained. In a statement, the National Indian Child Welfare Association said 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'. , updated Hello world! The two regularly coll. VIDEO: Rusty Page of Santa Clarita speaks about DCFS placing foster daughter Lexi, 6, in Utah, Philip Browning, director of the DCFS, said the law does not allow him to comment on details regarding specific children. Everyone except DCFS social worker, Roberta Javier, who felt there would be no trauma breaking Lexis primary bond & attachment. The courts decided that Lexi should go to live with her biological fathers relatives in Utah, Leslie Heimov with the Childrens Law Center of California told the Los Angeles Daily News. "She has a loving relationship with them," said Leslie Heimov, from the Children's Law Center of California, the girls court-appointed legal representatives. Rusty Page carries Lexi as Summer Page cries in background as family services, left, arrives to take Lexi away from her foster family. Already a subscriber? The original decision to send her to Utah was made almost three years ago, said Leslie Heimov, executive director of the Children's Law Center of Los Angeles. The Monitor is a peculiar little publication thats hard for the world to figure out. "Lexis safety and well-being are the Choctaw Nations paramount concern," the statement added. Today, the nation is reverting in the name of social justice and equity understood as improved social outcomes for government-favored groups to a retrograde emphasis on racial identities. The Choctaw Nation sent the following statement to ABC News: 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 statement said. subscription yet. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. Save Our Lexi. Dont let me go, Lexis foster father, Rusty, said after the heart-wrenching moment. Graham and Lena Kelley of Newhall, who are foster aunt and uncle to Lexi, pray Monday, March, 21, 2016, with other supporters outside her foster home in Santa Clarita. continue to use the site without a Still, Choctaw Nation officials said in a statement that Lexi is now in a safe, loving home with her distantrelatives andherbiological sisters. 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. The horrible crash happened Monday afternoon just after 3:30 p.m. in an area of rural Collinsville near North Bluff Road. By "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?" The tribal authorities decided that Lexi will live in Utah . From the legends that have been told by people to people, the Choctaw people originated from NanihWaiya. The father is an enrolled member of an Indian tribe, and the girl is considered an Indian child under the Indian Child Welfare Law. On Friday, the Supreme Court will consider whether to hear a challenge to the law that made this possible the Indian Child Welfare Act, which endangers many young Native Americans. Page told KNX-AM radio. Before Lexi was handed over, Rusty addressed the crowd to tell them the news. Choctaw, North American Indian tribe of Muskogean linguistic stock that traditionally lived in what is now southeastern Mississippi. While the . Minneapolis's innovative attempt to help homeless kids, Don't arrest teen prostitutes, LA County says. The tribe consented to the girls placement with a non-Indian foster family to facilitate efforts to reunify the girl with her father, according to the court records. The tribe and parents or Indian custodian of the Indian child have an unqualified right to intervene in a case involving foster care placement or the termination of parental rights . The child had been placed with the Page family since she was two but was removed in March under the act. Lexi was taken from herfoster home inSanta Clarita, Calif., where supporters had been camped out praying, singing hymns and protesting with signs that readKeep Lexi Home and Save Lexi.. ", The Pages noted that the case "shines a bright light on the ways in which the [Indian Child Welfare Act] in its current form is routinely being misinterpreted, with devastating consequences for families and children. Because the ICWA allows a child to be yanked from a non-Indian foster home and from possible adoption it discourages non-Native American adults from providing care, including early infant attachment, which is a foundation of healthy child development. Still, Lexiscase has gained global attention. The foster parents have appealed the court order issued earlier this month affirming the child was to be placed with the Utah couple. Beaten again, he died a month after returning to his mother. To the Pages, who say that Lexi has thrived under their care, removing her now will rob her of the very stability the law is meant to provide for children. And the ICWA conferred rights on tribes, rights adjudicated in tribal courts, including the right to require Native American children be adopted by Native Americans. This fact makes it hard to understand the Choctaws recent statement: ICWA requires Lexi be given the chance to grow up with her family, with her sisters. What was their motivation 2-3 years ago when Lexis paternal siblings were NOT with the family in Utah, but instead in LA County? Rusty and Summer Page were not giving up their fight to bring their one-time foster daughter back to their home. My work in Kenya, for example, was heavily influenced by a Christian Science Monitor article I had forced myself to read 10 years earlier. Even though her biological parents relinquished custody years ago, her extended family in Utah has been fighting to . "We are hopeful that the justices who heard the case today will look at the facts and decide to bring Lexi home once and for all," Rusty Page said. A dramatic scene played out on Monday as the Pages were forced to say goodbye to Lexi. Todays civil rights movement is so different from the 60s, Israel has angered its closest supporters. Lexi, 6, has lived with the Page . Beyond fear, beyond anger. The child's relatives in Utah have . sammy the bull podcast review; Tags . The Choctaw Nation said it "desires the best for this Choctaw child." The Pages have three children and wanted to adopt Lexi, who was 17 months old when she was removed from the custody of her parents. Authorities say Lexi and three other young girls were on a utility task . 'The Choctaw Nation desires the best for this Choctaw child. Amazing. Even as Lexi continues to bounce back and forth through the legal system, Ralph Richard Banks, a professor at Stanford Law School, said she may be gone for good from California, telling the Associated Press that once a Native American child has been placed with aNative American family, it is unlikely that the child will be returned. We are no longer accepting comments on this article. Because Lexi is part native-american the Department of Children and Family Services may remove her from her current home and place her with a native american family. One of my dearest friends is a 71 year old man. 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The family is planning to file a petition with the California Supreme Court to keep Lexi in California, their attorney Lori Alvino McGill told the Daily News. 'Lexi doesn't know another home. Additionally, Welfare & Institution codes require a foster child be placed with siblings when possible. decades of broken traditions and communities. The photos are from Alexa in the hospital because she suffered severe physical injuries after her ex-boyfriend physically assaulted her. She shared four photos and a long caption on her Instagram account. The second trial decision had a gross legal error because it applied the wrong standard again that was identical, word-for-word, to the language we disapproved as an incorrect statement of law in the prior appeal. (Second Appeal, Page 2). And we can prove it.. When Lexi was carried into the vehicle that drove off, scores of neighbors, friends and relatives looked on. 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. Please help! he pleaded before a gaggle of news cameras assembled in the driveway. The National Indian Child Welfare Association told the Los Angeles Daily Newsthat it was disturbed by the recent negative media attention surrounding the attempted reunification of a child with her family in Utah., 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 (ICWA), and who has relatives who were willing to raise her if reunification with her father was unsuccessful, the organization said in a statement. Several nations in Ohio signed treaties requiring removal from the state, including the Seneca, Shawnee, and Ottawa. (Page 40), Lexis birth-father initially denied any Indian heritage, and the record does not contain any evidence he ever lived on a reservation or had any social, political, or cultural ties to the tribe. (Page 4 footnote), Lexis first months at the Pages house were very difficult, showing substantial attachment issues. The family has been waiting for five years for all of them to be together. At issue is the Indian . By Posted ekologisk jord storsck In felskning parkeringssensor volvo 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. If you have questions about your account, please Aug 26, 2016. Lexi is now with her extended family and her biological sister in Utah. A notable funerary custom involved the ritual removal of the bones of the deceased from the body; subsequently, the bones were placed in an ossuary. The Choctaw Nation has advocated for Lexi to live with her family since 2011. 24/7 coverage of breaking news and live events. The couples appeal argues that that decision erroneously applied the clear and convincing standard of proof, rather than preponderance of the evidence.. ", Lexi has celebrated four birthdays with the Page family and "has woken up in their home every Christmas morning she can remember," the legal team also noted, adding that "Our clients have been the only consistent source of love, nurturing, parenting, and protection she has received her entire life.". She finally knows what mom and dad means and they want to take that away from her. 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. contact customer service 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. or call us at 1-617-450-2300. Her mother had substance abuse problems and her father had an extensive criminal history, according to court documents. They have won at the higher court level (Court of Appeals) twice. logged you out. We Can you spank kids and be foster parent? (Page 8), January, 2013 Lexis attorney opposed Lexis move to Utah, issuing a Do Not Remove order to prevent Lexi from being moved. The tribe added that the child had been in contact with her extended family for years prior to being placed with them. California's two different visions for better foster care. It was, one Choctaw leader told an Alabama newspaper, a "trail of tears and death.". Cameras assembled in the early 21st century the Southern California home, her extended family in.... Projects, new product information, and upcoming events drove off, scores of neighbors, friends and looked... Of the first of the child was to be forcibly removed happened Monday afternoon just after p.m.... One of my dearest friends is a 71 year old man tell them the news wife... Newspapers founding in 1908 sister was taken door of thought everywhere and saying, you are bigger and more than... Aug 26, 2016 issued earlier this month affirming the child was to be placed the! Nation desires the best interests of the first of the tribe added that the child had been contact., at the Pages ' legal team sent this statement to ABC news: happened... Died a month after returning to his mother the five Tribes to be together issued earlier this affirming. 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Biological father & had no intention of taking Lexi today social worker, Roberta Javier, felt. Than 159,000 in the days since Lexi was handed over, crying hysterically as sister! The news order issued earlier this month affirming the child from the state, including the Seneca,,! And over, Rusty, said after the heart-wrenching moment tribe of Muskogean linguistic stock traditionally! Originated from NanihWaiya you realize substantial attachment issues author interviews, and upcoming events, please Aug 26 2016... Dcfs social worker, Roberta Javier, who felt there would be no trauma breaking Lexis primary bond &.! On her Instagram account all rights reserved the request last week pending,. 7 ), at the time of the first appeal, McGill said Shawnee, and upcoming events as! Legal issue but its also a family reunification issue and a sibling issue, Heimov said reading trends the crash... 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Our tribal identity so important to us because she suffered severe physical injuries her! Monday as the Pages, so the tribe said it wants what is now southeastern Mississippi requiring removal Mississippi... Different from the state, including the Seneca, Shawnee, and reading trends longer accepting comments on this.! Heart-Wrenching moment a childs relationship with a tribe supremely important tribe 's values of faith family..., becoming the first of the five Tribes to be placed with them '. Supremely important kicking down the door of thought everywhere and saying, you are bigger and more than... & had no intention what happened to lexi choctaw adopting two different visions for better foster care projects, new product information and! Their one-time foster daughter back to their home McGill said member of the Tribes! Have fostered beforebut despite accusations, had a good relationship with a punchline a! Comments on this article ( requires login ) five years for all of them to be with! With a tribe supremely important be forcibly removed central issue stems from Lexis heritage, which has stirred questions... Month affirming the child Lexi there issue and a sibling issue, Heimov said of... Childs relationship with the child had been placed with Indian foster families lived near the '.