In the 1830s the Choctaw were forced to move to what is now Oklahoma, as were the other members of the Five Civilized Tribesthe Creek, Cherokee, Chickasaw, and Seminole. The Pages have been fighting that decision for several years, and want to adopt Lexi, but an appeals court found they "had not proven by clear and convincing evidence that it was a certainty the child would suffer emotional harm by the transfer." ", 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.". My work in Kenya, for example, was heavily influenced by a Christian Science Monitor article I had forced myself to read 10 years earlier. 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). 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. After telling each other that there would always be love and support between them, Lexi and Ben got into the reasoning for their split. Brenda speaks Spanish, Hebrew and intermediate Arabic and is the recipient of national, state and regional awards, including a National Headliners Award and one from the Associated Press News Executives' Council. Oklahoma had removed him from his mothers custody after he suffered a fractured skull and severe bruising between his testicles and rectum. Our family is so incredibly devastated. The law, passed in the 1970s, aims to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.. If youre looking for bran muffin journalism, you can subscribe to the Monitor for $15. (Submitted by Chris Daken) Chris Daken is taken aback by the outpouring of attention . First myth to bust is that the Choctaw nation just now stepped up to address issues with the child. Steve Tolopio, who attends Grace Community Church in Sun Valley where the Page family attends, said the foster family is all Lexi has known. Thousands of people died along the way. They . This has become a legal issue but its also a family reunification issue and a sibling issue, said Heimov, whose center is representing the girl. But he said in an earlier statement that the agency would remain in compliance with the court orders and laws governing our work.. Windows 11 update brings Bings chatbot to the desktop, Chinese state media calls out Elon Musk over coronavirus tweet. The petition and request for a stay werefiled Tuesday; the Pages have asked thatLexi bereturned to California until hercaseisdecided. Bone-gatherers were notable for their distinctive tattooing and long fingernails. Menu. This ritual was performed by spiritually powerful men and women known as bone-gatherers or bone-pickers, with the departeds family members in attendance. remanded) to the lower court. That figure means that Lexi's home placement is . The Christian Science Monitor has expired. Our work isn't possible without your support. 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. Her biological father, who is Native American, had an extensive criminal history, according to court records cited by the Los Angeles Daily News. — -- A Santa Clarita, California, family is living its worst nightmare. Foster parents Rusty and Summer Page vowed to get the girl back, saying they love their daughter and have . They do not get the same best-interest-of-the-child standard that applies to all other children," the Pages' legal team said in its statement. Rusty Page carries Lexi as Summer Page cries in background as family services, left, arrives to take Lexi away from her foster family. "There's no doubt in my mind that what happened . The issues escalated when Mathew Shea and Lexi later got into a fight during dinner. NanihWaiya is said to be a sacred hill of the ancient tribes. She said she could not say which of the two scenarios occurred Monday. And Lexi is part Choctaw, a federally recognized American Indian tribe, which means the Indian Child Welfare Act's placement preferences applied. (Page 2), The first trial court was wrong with how it determined good cause for deviating from ICWAs placement preferences. Lexi is 1.5 percent Choctaw, meaning she is considered a member of the tribe. The Choctaw Nation has advocated for Lexi to live with her family since 2011. Even though her biological parents relinquished custody years ago, her extended family in Utah has been fighting to . 23:09 GMT 21 Mar 2016 The Pages did not even have a say in court at that time. Everyone except DCFS social worker, Roberta Javier, who felt there would be no trauma breaking Lexis primary bond & attachment. 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.. Because of the 'Indian Child Welfare Act' - a federal law passed in the 1970's aimed to protect the best interests of Native American children - she must live with Native American parents and will be placed with her father's relatives. Turn on desktop notifications for breaking stories about interest? 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. Alexa Orlove took to Instagram to share the reason for her week-long absence from social media. As Lexi was placed in the back of a black car with government workers, her foster mother Summer Page burst from the home screaming 'I love you, Lexi'. Kalhan Rosenblatt For Dailymail.com And we can prove it.. Attorneys for the Choctaw Nation did not want to speak to Eyewitness News on camera and maintained that Lexi is with loving family in Utah. Keep Lexi home: A foster familys wrenching fight for a 6-year-old Choctaw girl. The Pages were under specific orders not to tell the children about Lexi's removal. By Joshua St. Clair Published: Feb 20, 2022. 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. At 17 months, the girl was removed from the custody of her birth mother, who had substance abuse problems and had lost custody of at least six other children, and the birth father, who has an extensive criminal history and lost custody of one other child, according to 2nd District Court of Appeal documents. Her father has a criminal record, and her mother, who is not nativeAmerican, has substance abuse problems. This report includes material from The AssociatedPress. The Choctaw Trail of Tears was the attempted ethnic cleansing and relocation by the United States government of the Choctaw Nation from their country, referred to now as the Deep South (Alabama, Arkansas, Mississippi, and Louisiana), to lands west of the Mississippi River in Indian Territory in the 1830s by the United States government. What happened yesterday should never happen . Her paternal grandmother informed the court that he was enrolled in the tribe. Applying ICWA to children who had no prior connection to any tribe raises grave equal protection concerns, the legal team argued, referring to the U.S. Supreme Court's 2013 decision in the case Adoptive Couple v. Baby Girl. 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 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 case was decided in the California court system three separate times, with three different trial court judges ruling in favor of Lexis relatives in Utah, the Choctaw Nation statement also said, noting that the Pages have filed appeals three times to keep Lexi. ", "Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi," the statement added. Were run by a church, but were not only for church members and were not about converting people. A little girl was taken away from her longtime foster family, who was in the process of adopting her, because she is 1/64 Native American, reported NBC News. 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. 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. So, the ICWAs sacrifice of individual rights to group entitlements probably has a diminished power to shock. 19802023 The Christian Science Monitor. On Monday morning, a crowd of more than 50 people holding signs and singing hymns still stood in solidarity with the Page family. She shared four photos and a long caption on her Instagram account. ICWAs Good Cause Exception was specifically written by Congress to allow courts to place Indian children outside of the ICWAs placement preferences. Others believe that the current foster care system does the same thing. 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.. subscription. In Lexi's "We Broke Up" video, she joked around about the split before confirming that it was true. (Page 28). "The Choctaw Nation has advocated for Lexi to live with her family since 2011. . Here is what was stated in the COA document: " The tribe consented to the girl's placement with a non-Indian foster family to facilitate efforts to reunify the girl with her father.". Heres why. The two regularly coll. 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. Track SoCal rain with LIVE Megadoppler 7000 HD. Already a subscriber? Updates? She holds a dual master's degree in Communications/Middle Eastern Studies from the University of Texas at Austin. By continuing to browse the site (Page 8), January, 2013 Lexis attorney opposed Lexis move to Utah, issuing a Do Not Remove order to prevent Lexi from being moved. unless you renew or Our editors will review what youve submitted and determine whether to revise the article. This has become a legal issue but its also a family reunification issue and a sibling issue, Heimov said. and we can't stand idly by while that happens,' Rusty told Fox 11. you are agreeing to our, One month free trial to theMonitorDaily, How these HBCU presidents fixed their colleges financial futures. 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. Mass. 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. 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. 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. 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. VIDEO: Lexi, who is part Choctaw, is taken away from her foster family in Santa Clarita. We believe news can and should expand a sense of identity and possibility beyond narrow conventional expectations. She deserves for her rights to be heard. But the court then declined the request last week pending appeal, McGill said. It also erred when it failed to consider Lexis best interests, instead preferring ICWA. The money went to relieve suffering in famine . LOS ANGELES (CN) - A California court of appeals delivered a fresh blow to a foster family seeking custody of a 6-year-old Native American girl, finding it in her best interest to live with her extended family in Utah. The girl, Lexi, was taken away from foster parents . 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Countys Department of Children and Family Services), National Indian Child Welfare Association, Southern California home sales fall to all-time low, DA Gascn suspends attorney who prosecuted transgender child molester, Reports: Kings trade Quick to Blue Jackets, acquire Korpisalo, Gavrikov, Southern Californias mountain towns remain buried under snow with more on the way, Former CHP officer charged with assaulting woman during traffic stop near Santa Clarita, Some California cities cant stop apartment projects as developers use builders remedy, Killer keto? Declan was 5 in 2007 when he was beaten to death by his mothers live-in boyfriend. 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. (Page 1 Court of Appeals decision), Lexis birth-mother has a lengthy substance abuse problem & her birth-father has an extensive criminal history. The Choctaw are of the Western Muskogean language stock, which is also the same stock as the Chickasaw. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. They planted corn (maize), beans, and pumpkins; fished; gathered nuts and wild fruits; and hunted deer and bear. 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. And it happened really fast. It demotes the best interests of the child from the top priority; it makes a childs relationship with a tribe supremely important. A weekly digest of Monitor views and insightful commentary on major events. Under the watchful eye of various cell phone cameras, social workers stood outside the front door of the home while the family prepared for the girl's departure. Stay informed about the latest scientific discoveries & breakthroughs. Her fatherintendedto be reunitedwith her. After the French defeat in the French and Indian War (175463), some Choctaw land was ceded to the United States and some tribal members began moving west across the Mississippi. A central issue stems from Lexis heritage, which has stirred up questions about which family is best suited to raise her. 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 . Our family is so incredibly devastated, Rusty Pagesaid in a video statement. 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.. Her mother had been accused of substance abuse and her father had a criminal history, according to court records. During 1832 and 1833 about five thousand more Choctaw arrived. The Pages' legal team also argued that Congress did not intend ICWA's placement preferences to be used to remove a child from a loving home in these circumstances and that they were designed to give state courts flexibility to depart from the placement preferences where there is "good cause" to do so. Some people are upset at the way iPhones charge. Lexi, 6, has lived with the Page . I come outside to cry and go back inside to play in the backyard with them,' he said. Were known as being fair even as the world becomes as polarized as at any time since the newspapers founding in 1908. 'The tribe's values of faith, family and culture are what makes our tribal identity so important to us. We want to bridge divides to reach everyone. In fact, the only surprising turn of events is the lengths the foster family has gone to, under the advice of an attorney with a long history of trying to overturn ICWA, to drag out litigation as long as possible, creating instability for the child in question.. Her paternal grandmother informed the court that he was . The Pages have filed an appeal in the California Supreme Court. Because Lexi is part Choctaw Indian, officials are seeking to place her with extended relatives of her Native American father. All rights reserved. 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. Your session to The Christian Copyright 2016 Save Our Lexi, All Rights Reserved. We will continue to pursue the appeal, and we will press on to the U.S. Supreme Court if that becomes necessary, she said in an email. Latest book reviews, author interviews, and reading trends. The History of Choctaw tribe. Lexis father himself is enrolled with the Choctaw Nation, but was not aware of it; according to court documents, Lexi is 1/64 Choctaw. This message will appear once per week February 14, 2018. Lexi lived four of her first six years with a non-Native American California foster family, but because she is 1/64th Choctaw, tribal officials got her taken from the Californians and sent to live in Utah with a distant relative. Please help #bringlexihome Watch on. Droves of protesters and reporters stood by helplessly as the family's screams continued to echo out into the street. She and Ben sat down together to explain what happened. The demonstrators were trying to prevent the DCF from coming overnight to remove six-year-old Lexi from Summer and Rusty's care. The relatives invoked the federal Indian Child Welfare Act (ICWA), a law meant to protect the rights of Native American families. Lexi lived four of her first six years with a non-Native American California foster family, but because she is 1/64th Choctaw, tribal officials got her taken from the Californians and sent to live . 1 talking about this. But when the Cherokee Nation objected to his removal, Oklahoma, knowing that the ICWA favors tribal rights, relented. The Choctaw (in the Choctaw language, Chahta) are a Native American people originally based in the Southeastern Woodlands, in what is now Alabama and Mississippi.Their Choctaw language is a Western Muskogean language.Today, Choctaw people are enrolled in three federally recognized tribes: the Choctaw Nation of Oklahoma, Mississippi Band of Choctaw Indians, and Jena Band of Choctaw Indians in . The ICWA requires that Indian children be placed with Indian foster families. Lexi will be sent to live with extended Choctaw family members in Utah, authorities said. Patiently and prayerfully waiting to hear if the California Supreme Court will hear Lexi's case. It would be fairly extraordinary for an appeals court to reverse that, Banks said. Beyond fear, beyond anger. But 6-year-old Lexi's foster family says the application of the law in her case robs her of the 'only family that she has ever known.'. This article was published more than6 years ago. Antonio was a casualty of the ICWAs form of identity politics the allocation of legal status and group entitlements based on biology. 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. "We miss seeing you, holding you, teaching you, singing with you and playing with you," said Rusty Page, her former foster father. She said, Dont let them take me. Lexi, who has only ever know the Pages as her parents, is one-and-a-half per cent Choctaw Native American. Heres why. 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. 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. Motivational influencer "Laughing Lexi" has gone missing. According to the Los Angeles Daily News, Lexi and her . 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. Choctaw, North American Indian tribe of Muskogean linguistic stock that traditionally lived in what is now southeastern Mississippi. The foster parents have appealed the court order issued earlier this month affirming the child was to be placed with the Utah couple. 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