Foster parents Rusty and Summer Page vowed to get the girl back, saying they love their daughter and have . (Page 8), It was not until after reunification services that the Pages began to pursue adoption, that was when the DCFS social worker first brought up the family in Utah. Rusty Page was somber and quiet as he held his foster child for perhaps the final time. This report includes material from The AssociatedPress. They have come to . Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. These relatives have been a part of Lexis life for almost five years. "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.". 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. "An independent clinical psychologist was brought in to gauge her ability to transition from the foster home to living in Utah. 1831 The Choctaw Nation began removal from Mississippi to Indian Territory, becoming the first of the Five Tribes to be forcibly removed. The three divisions each had some distinguishing cultural practices, which may indicate they had separate origins and that the Choctaw came . The Choctaw Nation has advocated for Lexi to live with her family since 2011. 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. The horrifying scene came days after Rusty and his wife Summer were denied an emergency stay to keep the part-Native American child. We are extremely disappointed that (L.A. Countys Department of Children and Family Services) would remove this little girl from her home while our appeal is pending, she said. Our family is so incredibly devastated, Rusty Pagesaid in a video statement. 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. 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. 'This little girl, we are her home. Our work isn't possible without your support. logged you out. What happened yesterday should never happen . (Page 8), January, 2013 Lexis attorney opposed Lexis move to Utah, issuing a Do Not Remove order to prevent Lexi from being moved. you are agreeing to our, One month free trial to theMonitorDaily, How these HBCU presidents fixed their colleges financial futures. The ICWA has insinuated into law a separate but equal test regarding Native American children in jeopardy. 'Despite our pleas to the county, we received word the county has every intention of taking Lexi today. 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. They write new content and verify and edit content received from contributors. She finally knows what mom and dad means and they want to take that away from her. Updates? DCFS spokeswoman Amara Suarez said they try to prepare both families as well as the child for such a move to another state, including visitations. All parties agreed, the court agreeing that she is extremely bonded. (Pages 5, 8, 11 & 13), In mid-2012, the Department was confident there would be reunification with the birth-father, however soon thereafter his emotional state deteriorated when he separated from his wife. Images of foster father Rusty Page clutching 6-year-old Lexi left an indelible mark when the L.A. County Antonio was a casualty of the ICWAs form of identity politics the allocation of legal status and group entitlements based on biology. Were known as being fair even as the world becomes as polarized as at any time since the newspapers founding in 1908. A dramatic scene played out on Monday as the Pages were forced to say goodbye to Lexi. Her mother had substance abuse problems and her father had an extensive criminal history, according to court documents. But when the Cherokee Nation objected to his removal, Oklahoma, knowing that the ICWA favors tribal rights, relented. 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. With a population of at least 15,000 by the turn of the nineteenth century, the Choctaws were one of the largest Indian groups in the South and played a significant role in shaping the politics, economics, and armed conflicts in . Omissions? "She has a loving relationship with them," said Leslie Heimov, from the Children's Law Center of California, the girls court-appointed legal representatives. 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. Their dwellings were thatched-roof cabins of logs or bark plastered over with mud. Lexi is now with her extended family and her biological sister in Utah. The Page family said if they have to they'll take this case all the way to the U.S. Supreme Court to fight for Lexi. remanded) to the lower court. Alexa Orlove took to Instagram to share the reason for her week-long absence from social media. Lexi was removed from her birth mothers custody at 17 months, she has at least 6 other maternal siblings in LA County. The couples appeal argues that that decision erroneously applied the clear and convincing standard of proof, rather than preponderance of the evidence.. Mass. The ICWA, an early bow toward multiculturalism, buttressed tribal identities by strengthening tribal rights. The tribe agreed to place the girl with a non-Indian foster family to facilitate efforts to reunify the girl with her father, the documents said. She has covered a range of issues, including breaking news, immigration, law and order, race, religion and gender issues, politics, human interest stories and education. The little girl has a tiny bit of Choctaw ancestry just 1.5 percent and under federal law the Choctaw Nation can decide her fate. The Facts. In many institutions, abuse was rampant. The foster parents have appealed the court order issued earlier this month affirming the child was to be placed with the Utah couple. (Page 2), The first trial court was wrong with how it determined good cause for deviating from ICWAs placement preferences. Heres why. (Page 1), It was not until after reunification services terminated that DCFS recommended placement with the family in Utah, a non-native, non-blood related family. 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 . Native American couple sues to let their child be adopted by a white family. 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. Order Now. And Lexi is part Choctaw, a federally recognized American Indian tribe, which means the Indian Child Welfare Act's placement preferences applied. Lexi Hensler and Brent Rivera spend a lot of time together at work, so it's not really a surprise that they have become close friends! Among the southeastern agriculturalists the Choctaw were perhaps the most skillful farmers, producing surplus crops to sell and trade. The ICWA requires that Indian children be placed with Indian foster families. A weekly update on music, movies, cultural trends, and education solutions. Lexi's father himself is enrolled with the Choctaw Nation, but was not aware of it; according to court documents, Lexi is 1/64 Choctaw. Their most important community ritual was the Busk, or Green Corn, festival, a first-fruits and new-fire rite celebrated at midsummer. The Choctaw are known for their distinctive head-flattening. California's two different visions for better foster care. Leslie Heimov of the Childrens Law Center of California, which is representing Lexi since she is a foster child, said that the court has decided the girl should be placed with the biological fathers relatives in Utah, including the girls sister who is living with the Utah couple. "The Choctaw Nation has advocated for Lexi to live with her family since 2011. Take our quiz. (Page 7), At the time of the first appeal, Lexi had already lived with the Ps for 2.5 years. |, Child & Adolescent Psychiatry & Mental Health. The Pages had explored that heritage before Lexi was placed with them, and they made an effort to teach Lexi Choctaw language and stories. (Page 6), Lexis family in Utah is related as step second cousins. 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. On Monday morning, a crowd of more than 50 people holding signs and singing hymns still stood in solidarity with the Page family. If youre looking for bran muffin journalism, you can subscribe to the Monitor for $15. After drugs were found in the vehicle, Lexi took the blame and was immediately cut from the Navarro College cheerleading squad. 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. There has been a lot of confusion around the FACTS behind the past 5 years of Lexi's lifeat the end of the day, Veritas (truth) is critical to understanding. An online petitionintendedto put pressure on state authorities has more than 100,000 signatures, and a GoFundMe page has raised nearly$35,000 for the foster family. The relatives invoked the federal Indian Child Welfare Act (ICWA), a law meant to protect the rights of Native American families. These relatives have been a part of Lexi's life for almost five years. The courts have decided that Lexi will live with non-Native American relatives of her birth father through marriage. We change lives. A formal letter was sent to DCFS that never made its way to the tribe. Because of an arbitrary law its ripping her from a stable environment, he said. Were the bran muffin of journalism. 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. The Kansas City Chiefs are the reason Rhonda LeValdo is in Arizona for the Super Bowl, This article was most recently revised and updated by, Texas State Historical Association - Choctaw Indians, Choctaw - Children's Encyclopedia (Ages 8-11), Choctaw - Student Encyclopedia (Ages 11 and up), Native Americans renew protests of Kansas City Chiefs mascot. Were seen as being global, fair, insightful, and perhaps a bit too earnest. When Lexi was carried into the vehicle that drove off, scores of neighbors, friends and relatives looked on. 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'. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. 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