Attorneys general in Texas, Indiana and Louisiana joined in suing the federal government over the Indian Child Welfare Act in 2017. Tribes and tribal advocates say Native American children are still separated from their families at rates higher than the general population, and the law helps them stay connected to their tribes, relatives and culture. 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. One of her biological sisters lives with the family in Utah, and another lives down the street. Because Lexi is 1.5% Native American, the Choctaw Tribe was able to completely tear apart Lexis life due to an egregious misapplication of the Indian Child Welfare Act. What happened yesterday should never happen . The Pages have appealed the case to the California Supreme Court. 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. At issue is the Indian Child Welfare Act (ICWA), a 1978 federal law meant to keep American Indian children within their tribe whenever possible. "To say we are heartbroken is an understatement.". Lexi's safety and wellbeing are the Choctaw Nation's paramount concern. A federal judge in Texas ruled the Indian Child Welfare Act is unconstitutional, saying it is racially motivated and violates the equal protection clause. The Pages argued that Lexi has lived with them since the age of 2 and considers them her family. Official Statement from Lori Alvino-McGill representing The Page Family's Legal Team. 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. They were able to adopt the boy in January 2018 after the placement fell through. However, a three-judge panel in Los Angeles found the lower court made the right decision and correctly considered the bond Lexi developed with the Pages as well as other factors related to her best interests. 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 Pages have three children and want to adopt Lexi, who has lived with them since she was 2. 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. 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. 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. Under the transfer, Lexi will live with a Utah couple who are not Native Americans but are related by marriage to her father. Maldonado and her husband have an adopted son from a neighboring tribe. 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Maddie cant fathom it, and she asks us why, and the fact of the matter is that I cant tell her why, because I cant fathom it.. Fiona Morgan. 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. Lexi is part Native American and was given . 1 talking about this. 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 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. 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. There's a heartbreaking update to . Lawsuits claim it wrecked their teeth. The boy is now 3, and the couple is seeking to adopt his younger half-sister. "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?" Alexa suffered injuries on her face. David Crane / Los Angeles Daily News via AP, had been camped out in the street singing and praying since Sunday. But 6-year-old Lexi's foster family says the application of the law in . Since then, Lexi has celebrated four birthdays with the Page family. Please enter valid email address to continue. By George F. Will. We, as a tribe, are required to follow federal law. The law was designed to help Native American families remain intact. Summer Page runs out of her home after social workers took her foster child way. In the days since Lexi was removed from the Southern California home, her foster parents have continued to fight the decision. Magazines, Or create a free account to access more articles, Inside the Agonizing Custody Fight Over Six-Year-Old Lexi. Where is Lexi page now? 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 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 ). 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. Congress did not intend ICWA's placement preferences to be used to remove a child from a loving home in these circumstances. She said Lexi and the Utah family had traded messages and had monthly visits during the past three years. Lexi's case is one of dozens brought by foster families since the Indian Child Welfare Act was passed. "They were ashamed she was Native American, and they made her ashamed she was Native American," Maldonado said. 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. 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. ICWA gives a higher preference to family members seeking to adopt, as does California law. 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 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 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. The Pages said they plan to take the case to the California Supreme Court. 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. More than 20 states have joined hundreds of tribes, advocacy groups and the federal agency that oversees Indian affairs in urging an appellate judge to uphold the law. 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. The Indian Child Welfare Act is meant to help tribes keep children in tribal homes where they can learn about their culture. 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. Copyright 2023 KABC Television, LLC. The Five Tribes purchased new lands in present-day Oklahoma, but some relocated . 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. An independent clinical psychologist was brought in to gauge her ability to transition from the foster home to her relatives. Live footage on our Facebook page. Rusty Page told KNX-AM radio. They were also designed to give state courts flexibility to depart from the placement preferences where there is "good cause" to do so. , updated 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. 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. 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. 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. ICWA is the subject of other legal challenges, as the ABA Journal noted last October. Magazines, Digital We believe that following the Choctaw Nations values is in Lexis best interest.". Group that started #KeepLexiHome is still outside praying/singing. Please enter valid email address to continue. 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.'. Lexi, who is part Choctaw, was 17 months old when she was removed from custody of her mother. ABC's Kayna Whitworth has the details from Los Angeles. 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. 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. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. 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. The Pages were always aware of this goal. This material may not be published, broadcast, rewritten, or redistributed. The Minnesota couple, the Cliffords, wanted to adopt a girl who lived with them after being in various foster homes for two years. "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. They are not interested in anything except full custody, and they are not thinking about this little girls best interests, the lawyers statement said. Lexi is now with her extended family and her biological sister in Utah. Interest in the case had been high, with outpourings of support for the couple from around the world. AccuWeather: AM showers before a mild afternoon, Teammate facing charges in crash that killed local UGA player, Teens in stolen car crash into school bus on way to field trip in NJ. By Sleep is overrated. The following statement reflects the Choctaw Nation's position on the case of Lexi. "To this day, she's never come back to the reservation. 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. "Only because of the Indian Child Welfare Act, (and) people following it, he has a community," she said. "It would be fairly extraordinary for an appeals court to reverse that," he said. 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. The attorneys who brought this case to the high court made clear from the beginning that their goal was not only to remove Lexi from her [extended] family, but to overturn the Indian Child Welfare Act.. "They are not strangers in any way, shape or form. Her mother had substance abuse problems, and her father had a criminal history, according to court records. But new hope is on the horizon for the Choctaw Nation. One of Lexis biological sisters, who is Choctaw, lives with the Utah family, and another lives nearby. Wenona Singel, a law professor at Michigan State University, said membership requirements vary among tribes, with some being more restrictive than others. All Rights Reserved. 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 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 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. Please respect the privacy of Lexi and her family. 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. The Supreme Court ruled that portions of the ICWA did not apply to non-custodial biological fathers, and Veronica was returned to the family that had adopted her. The states say the law is discriminatory, and the federal government has no right to tell states how to regulate child welfare cases. 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 child ultimately was placed with her maternal grandmother, a member of the White Earth Band of Ojibwe. 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. The family has been waiting for five years for all of them to be together. The Pages' case to get Lexi back went all the way to the Supreme Court, which declined to hear it. All rights reserved, Two Hospitalized in Critical Condition, Including 3-Year-Old Child, in Fire at Long Beach Home, There Goes My Hero.' The ICWA piece created a vehicle for all of the appeals, she said. But thats not an absolute. Her father has a criminal history, according to court records. 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. Lexi's foster dad, Rusty, sobs after she is driven away March 21, 2016 in Santa Clarita, Calif. Schools on Native American reservations in state of disrepair, Flying bug found at Walmart turns out to be rare Jurassic-era insect. Lexi is now living with relatives of her father who are not Native American. She was placed with extended family in Utah under a decades-old federal law designed to keep Native American families together. The placement preferences are just that -- preferences-- and they apply only when a child is in need of a placement. 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. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. Please help #bringlexihome The brutal racial politics of the Indian Child Welfare Act. But he believes that shouldnt matter here. The Pages were always aware of this goal. Use of this site constitutes acceptance of our, Digital 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. 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. They are not strangers. But a decision earlier this month ordered the Los Angeles County Department of Children and Family Services (LA DCFS) to place Lexi with the Utah family in accordance with the federal Indian Child Welfare Act, the department said in response to inquiries about Lexi's case. Copyright 2023 CBS Interactive Inc. All rights reserved. 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. "Rather the issue is whether the child is a citizen of the tribe in question or eligible for citizenship.". Family . "She has a loving relationship with them," Heimov said. The Pages argued that Lexi has lived with them since the age of 2 and considers them her family. Lexi can remain where she. 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. I'm scared. 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. First published on July 8, 2016 / 10:41 PM. Correction: The original version of this story misstated which of Lexis relatives in Utah are members of the Choctaw Nation. In an official statement (via TVLine), Leigh shared she made the decision that season 8 was going to be her last, and along with Rhimes, they worked to "give Lexie's story appropriate . 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. Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi. 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. But officials determined that Lexi is 1/64th Choctaw based on his ancestry. 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. 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. 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. 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. This button displays the currently selected search type. This dental device was sold to fix patients' jaws. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, refused to intervene in their battle over Lexi. 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. 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. The Pages' lawyer, Lori Alvino McGill, said she plans to take the case as far as the U.S. Supreme Court. When the federal law was enacted, studies showed up to one-third of Native American children were being taken from their homes by private and state agencies, including church-run programs, and placed with mostly white families or in boarding schools. All Rights Reserved. The following statement reflects the Choctaw Nation's position on the case of Lexi. 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. She was taken by the Department of Children and Families in Santa Clarita and placed with relatives of her father in Utah. 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