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Don't let me go. 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 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. They fought for you, supporters screamed at the car, as officers prepared to pull away. However, a court found that the Pages have not proven Lexi would suffer emotional harm by the transfer. 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. The law is very clear in California that family gets priority, she said. By George F. Will. "They are not strangers in any way, shape or form. 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. Officials with the Choctaw Nation have said previously they desire "the best for this Choctaw child. All Rights Reserved. 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. ICWA gives a higher preference to family members seeking to adopt, as does California law. . We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. 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. But thats not an absolute. Even if they were the best family in the world, he says, its not who Lexi views as family.. Theyre using this to attack tribal sovereignty, attack Indian people, and attack the Indian Child Welfare act, he says. In the meantime, our clients hope that the family in Utah will follow through on their promise to keep Lexi in contact with her family in Los Angeles. 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. , updated ", 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. Rusty Page says his young biological children still cant seem to understand what happened. They were able to adopt the boy in January 2018 after the placement fell through. Rusty and Summer Page of Santa Clarita, California, had asked the Supreme Court to reconsider a Los Angeles juvenile courts ruling that there was no good cause to depart from the placement preferences in the Indian Child Welfare Act. 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 placement preferences are just that -- preferences-- and they apply only when a child is in need of a placement. You want the child to stay with relatives, especially when Native American questions are at hand, whenever possible. When expanded it provides a list of search options that will switch the search inputs to match the current selection. The law was designed to help Native American families remain intact. Lexi can remain where she. The child ultimately was placed with her maternal grandmother, a member of the White Earth Band of Ojibwe. But officials determined that Lexi is 1/64th Choctaw based on his ancestry. Lexi is now living with relatives of her father who are not Native American. According to the Los Angeles Daily News, Lexi and her . On March 21, Los Angeles County social workers came to Rusty and Summer Pages home to take Lexi away. Sleep is overrated. "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 ). 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. "There is a 6-year-old little girl who is going to be ripped away from the only family that she has ever known. 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. Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi. 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. Hernandez isn't Native American, but the biological father is from Ysleta del Sur Pueblo in El Paso, Texas. 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. 2019 The Associated Press. If the good-cause exception isn't satisfied in this case, it is difficult to imagine when it ever would be. The states say the law is discriminatory, and the federal government has no right to tell states how to regulate child welfare cases. The expansion of Anglo-American settlement into the Trans-Appalachian west led to the passage of the Indian Removal Act in 1830, forcing all eastern tribal nations to move to new homelands west of the Mississippi River in the Indian Territory. Write to Charlotte Alter at charlotte.alter@time.com. David Crane / Los Angeles Daily News via AP, had been camped out in the street singing and praying since Sunday. 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. 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. Under the transfer, Lexi will live with a Utah couple who are not Native Americans but are related by marriage to her father. An independent clinical psychologist was brought in to gauge her ability to transition from the foster home to her relatives. Where is Lexi page now 2021? However, a court found that the Pages have not proven Lexi would suffer emotional harm by the transfer. The LA DCFS said in a statement that the department always seeks to act in the best interest of the children it serves. 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. and That figure means that Lexi's home placement is dictated by the Indian Child Welfare Act of 1978. Correction: The original version of this story misstated which of Lexis relatives in Utah are members of the Choctaw Nation. Lexi had a court-appointed attorney from the Childrens Law Center of California in the lower courts. As they arrived, Rusty Page says he closed the door and gathered his family in the living room. Last month, her kindergarten class gave her an award for being the most caring student. Once a child is placed with a Native American family, it is highly unlikely that the decision would be reversed, he added. 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. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. 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. He said the Indian Child Welfare Act may have been well-intentioned, but it illegally segregates Native American children by race and has upended his clients' lives. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. Wenona Singel, a law professor at Michigan State University, said membership requirements vary among tribes, with some being more restrictive than others. "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. 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. Thousandsnearly one-third of the Choctaw Nationdie of starvation, exposure, and disease on the more than 500-mile journey. She did make the mat for Daytona 2020 but unfortunately never got to perform one final time as the . 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. 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. ", The Choctaw Nation said it "desires the best for this Choctaw child.". 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, 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. The foster family understood this. Interest in the case had been high, with outpourings of support for the couple from around the world. 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. In the meantime, our clients hope that the family in Utah will follow through on their promise to keep Lexi in contact with her family in Los Angeles. 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. They are not strangers. She was taken by the Department of Children and Families in Santa Clarita and placed with relatives of her father in Utah. They are her sisters. The tribe intervened and has identified three dozen possible placements. The family has been waiting for five years for all of them to be together. The following statement reflects the Choctaw Nation's position on the case of Lexi. Its a crusade to them. One of the Pages attorneys, Lori Alvino McGill, also represented the adoptive family in the Baby Veronica case. 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