May 21, 2022 . Alexa Orlove took to Instagram to share the reason for her week-long absence from social media. In 1978, before Native Americans became the preferred designation for Indians, but when racial identity was beginning to become the toxic political concept it now is, Congress enhanced tribal rights. Were seen as being global, fair, insightful, and perhaps a bit too earnest. The Choctaw Nation has advocated for Lexi to live with her family since 2011. They are not strangers. The relatives invoked the federal Indian Child Welfare Act (ICWA), a law meant to protect the rights of Native American families. The National Indian Child Welfare Association said in a statement Monday that it was disturbed by a flurry of negative media attention regarding the attempted reunification of a child with her family in Utah.. A formal letter was sent to DCFS that never made its way to the tribe. Due to a court order, the 6-year-old girl was taken from her home by Los Angeles County social workers to go live with extended family in Utah. 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.. Kalhan Rosenblatt For Dailymail.com, from taking the child from her fosterparents by spending the night outside the home, INDIAN CHILD WELFARE ACT - POLICIES AND REGULATIONS, King Charles hosts von der Leyen at Windsor Castle, AFA president gives passionate rant speaking about student debt, Gabor Mat: No Jewish state without oppressing local population, Amplified jet stream could lead to 'disruptive snow in places', Dashcam captures moment two cars collide on a roundabout, Putin orders intelligence service to find 'scum' who oppose him, Putin spy plane before being 'destroyed by pro-Ukraine Belarus group', Police search allotment sheds for Constance Marten's missing baby, Huge urgent police search for missing baby of Constance Marten, Moment police swooped to arrest Constance Marten's boyfriend, Police: Constance and lover arrested on suspicion of manslaughter, Moment supermarket cashier is attacked at work in New York. The Pages did not even have a say in court at that time. What happened yesterday should never happen . Lexi, whose birth family is part Choctaw,has lived with Summer and Rusty Page in their home in Santa Clarita, Calif., since she was 2 years old, but the court decided that it would be in her best interest to place her with relatives in Utah where she could be near her native American extended family. The tribe also has jurisdiction over non-reservation Native Americans foster care placement proceedings. 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. They are not strangers in any way, shape or form. (Submitted by Chris Daken) Chris Daken is taken aback by the outpouring of attention . She will live with a Utah couple who are not Native Americans but are related by marriage to her father. The photos are from Alexa in the hospital because she suffered severe physical injuries after her ex-boyfriend physically assaulted her. The child's relatives in Utah have . 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. Because Lexi is part Choctaw Indian, officials are seeking to place her with extended relatives of her Native American father. 'This little girl, we are her home. They helped to reunify with a biological grandmother & continue to maintain contact with the biological father, grandmother & children. Other children in their home sobbed and screeched. If the Court of Appeals & California Supreme Court does not rule in favor of Lexi, the Page family will appeal to the U.S. Supreme Court to address the federal issues engrossing this case. "If the good-cause exception isn't satisfied in this case, it is difficult to imagine when it ever would be," the Pages' legal team said in its statement. Heres why. Declan was 5 in 2007 when he was beaten to death by his mothers live-in boyfriend. This website uses cookies to Lexi's family are considering their next steps after they say Horizon refused to hand over her health records. Lexi is part Native American and was given to extended family in Utah under the Indian Child Welfare Act, but her foster parents are trying to get her back. 'Lexi doesn't know another home. It also erred when it failed to consider Lexis best interests, instead preferring ICWA. These relatives have been a part of Lexi's life for almost five years. In a disturbing video from KTLA, Lexi screamed, begging Rusty, 'don't let them take me away', as she was removed from her family. The legacy of that system is still felt on reservations today. Beyond fear, beyond anger. . 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. 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. 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. 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. 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. Oklahoma had removed him from his mothers custody after he suffered a fractured skull and severe bruising between his testicles and rectum. Still, Choctaw Nation officials said in a statement that Lexi is now in a safe, loving home with her distantrelatives andherbiological sisters. Lexi was ripped away from the only family she has ever known because of the Indian Child Welfare Act (ICWA). Article continues below advertisement. 19802023 The Christian Science Monitor. 16:21 GMT 22 Mar 2016. On Monday morning, a crowd of more than 50 people holding signs and singing hymns still stood in solidarity with the Page family. 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. 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. (Page 1 & Page 9 footnote), The tribe agreed to Lexis placement with the Page family while her birth-father reunified, there was no concurrent plan. Please read the uncontested facts of the case from the Court of Appeal's 2013 ruling that over-turned the trial court's erroneous decision. 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. 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.. (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 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. Get stories that empower and uplift daily. Before Lexi was handed over, Rusty addressed the crowd to tell them the news. Updates? She deserves for her rights to be heard. The legal fight for Lexi began four years ago, after relatives of the girls biological father, who is Native American, petitioned his Choctaw Indian tribe and the Los Angeles County Department of Children and Family Services to challenge the Pages' temporary custody of Lexi. Authorities say Lexi and three other young girls were on a utility task . Girl who is part Choctaw taken from Santa, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Girl who is part Choctaw taken from Santa Clarita foster familys home, LA City Council approves $54M boost to fund LAPD officers who police on Metro, Man charged with hiding explosive in suitcase at Pa. airport; Allegiant flight was bound for Florida, Southern Californians react to rare, low-altitude snow, Long Beach officers will be required to work an overtime shift each month, chiefs memo says, L.A. 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? And we can prove it.. First myth to bust is that the Choctaw nation just now stepped up to address issues with the child. There has been a lot of confusion around the FACTS behind the past 5 years of Lexis lifeat the end of the day, Veritas (truth) is critical to understanding. 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 father, who is part Choctaw, belongs to a tribe, so her case fell under theIndian Child Welfare Act. When Lexi was 17 months old, authorities took her from her birth mother, who had substance abuse issues, and her biological father, whohad an extensive criminal history, according to court records. subscription. 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. Her father has a criminal record, and her mother, who is not nativeAmerican, has substance abuse problems. The father is an enrolled member of an Indian tribe, and the girl is considered an Indian child under the Indian Child Welfare Law. ", "Many steps have been taken by the Choctaw Nation to ensure the best placement of Lexi," the statement added. Because of the 'Indian Child Welfare Act' - a federal law passed in the 1970's aimed to . Lexi's foster siblings screamed 'no' over and over, crying hysterically as their sister was taken. or call us at 1-617-450-2300. decades of broken traditions and communities. 'The tribe's values of faith, family and culture are what makes our tribal identity so important to us. After efforts to reunify the family failed, the father, the tribe and the Department of Children and Family Services recommended the girl be placed in Utah with a non-Indian couple who are extended family of the father. Staff Photographer David Crane contributed to this report. Categories . ", The legal team noted that Lexi was placed in foster case with the Pages "after she had suffered two years of neglect and abuse. Additionally, Welfare & Institution codes require a foster child be placed with siblings when possible. 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. This report includes material from The AssociatedPress. 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. "An independent clinical psychologist was brought in to gauge her ability to transition from the foster home to living in Utah. We believe news can and should expand a sense of identity and possibility beyond narrow conventional expectations. In the mid-18th century, there were 20,000 Choctaw living in 60 or 70 settlements along the Pearl, Chickasawhay, and Pascagoula rivers. 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. Social workers seized a hysterical six-year-old girl from the home of her white foster family on Monday because she is part Native American. 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 . 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. Native American children with Native American families. Menu. Your subscription to Picture of the Choctaw Native Indian The above picture depicts Mushulatubbee, meaning "Determined to Kill" who was a Chief of the Choctaw. You may recognize 23-year-old Lexi Hensler from your TikTok "For You" Page, or that time she picked a boyfriend for her best friend, Pierson Wodzynski, on Bestie Picks Bae. It demotes the best interests of the child from the top priority; it makes a childs relationship with a tribe supremely important. "What happened . Lexi is 1/64th Choctaw on her father's side, according to court documents, which also note that she was 17 months old when she was removed from her birth parents' custody. The family has been waiting for five years for all of them to be together. ICWAs Good Cause Exception was specifically written by Congress to allow courts to place Indian children outside of the ICWAs placement preferences. A selection of the most viewed stories this week on the Monitor's website. In 2015, this column acquainted readers with Declan Stewart and Laurynn Whiteshield. Kalhan Rosenblatt For Dailymail.com Watch on. She finally knows what mom and dad means and they want to take that away from her. Her paternal grandmother informed the court that he was . McGill said a social workernotified the Pages onWednesday that Lexi had safely reached herUtah home, though thats all theyve heard.. Published by at May 28, 2022. . After a grueling court battle, a 6-year-old girl has been removed from the foster family with whom she has lived since she was a toddler to be placed with relatives of her birth father. (Page 2), The first trial court was wrong with how it determined good cause for deviating from ICWAs placement preferences. February 14, 2018. For example, tribes can partially nullify states powers to intervene against tribal parents abuse endangering children. Thousands of people died along the way. For roughly a century, nativechildren were routinely taken from their communities and forced to attend boarding schoolsrun by non-nativestaff trying to assimilate children into white culture, punishing them for using their mother languages and limiting contact with their families. This is going to destroy these children,' Tari Kelly, Lexi's foster grandmother, told ABC 7. Lexi, who spent most of her life with California foster parents, was removed from her home on Monday under a court order that concluded her native American blood requires her placement with relatives in Utah. remanded) to the lower court. 'The children are not going to understand the separation. Here's Our Recap of Season 2 Episode 7. Heres why. The world-wide cri de cur seems to be of 1/64th (1.5%) not "being enough" to be Choctaw despite the fact that Choctaw Nation of Oklahoma no . Your session to The Christian The horrifying scene came days after Rusty and his wife Summer were denied an emergency stay to keep the part-Native American child. Where is Lexi page now? We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. Let us know if you have suggestions to improve this article (requires login). According to the Los Angeles Daily News, Lexi and her . We are no longer accepting comments on this article. (Gingers uncle is Lexis paternal step-grandfather) (Page 7), The tribe did not want the family in Utah to meet Lexi unless the birth fathers reunification services terminatedsomething that took over a year (Page 7), Lexi reported that she did not want to visit the family in Utah and did not like it when they visited. This ritual was performed by spiritually powerful men and women known as bone-gatherers or bone-pickers, with the departeds family members in attendance. 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. Amazing. Foxx has left the building, but it seems to be in pursuit of a higher calling than rock and roll. 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. This article was published more than6 years ago. It was painted by the famous artist George Catlin (1796-1872) in 1838. We Were run by a church, but were not only for church members and were not about converting people. Windows 11 update brings Bings chatbot to the desktop, Chinese state media calls out Elon Musk over coronavirus tweet. Rusty and Summer Page are losing their foster daughter, Lexi, whom theyve raised as their own for the last four years. The Indian-removal process continued. 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. Summer Page hasNative American heritage formally traced & accepted by her tribe, the Southern Band Tuscarora Indians. Page told KNX-AM radio. 'They have no idea what's going on. This message will appear once per week 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 Utah family had never met Lexi at that time; and the tribe agreed there was good cause to depart from ICWA's placement preferences. 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 has advocated for Lexi to live with her family since 2011," the tribe said in a statement. you are agreeing to our, One month free trial to theMonitorDaily, How these HBCU presidents fixed their colleges financial futures. This violated, among other principles, those of federalism: Congress thereby reduced the right of states to enforce laws on child welfare. When first encountered by Europeans, the Choctaw were located in three geographic divisions in the area that is now Mississippi and western Alabama. The two regularly coll. 5 Freeway through the Grapevine reopens, CHP escorting traffic, 2 brothers found guilty of murdering groom at Chino wedding reception, 1 dead, 1 hurt after NorCal high school stabbing, police say. contact customer service Choctaw Stickball PlayerThe Choctaw Indians once lay claim to millions of acres of land and established some 50 towns in present-day Mississippi and western Alabama. The child, Lexi, sobbed, clinging to her foster father Rusty Page as he reluctantly fought through a crowd to hand the child over to the Department of Children and Families inSanta Clarita. 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. Foster parents Rusty and Summer Page had launched an online petition claiming the girl, Lexi, would be ripped away from the only family that she has ever known. The reason, they say, is that Lexi is part Choctaw and under the federal Indian Child Welfare Act, she is being moved to Utah to live with nonblood-related extended relatives of her biological father. Lexi is now with her extended family and her biological sister in Utah. When the minister tried to adopt her, the Spirit Lake Sioux tribe invoked the ICWA, and Laurynn was sent to a reservation and the custody of her grandfather. The nation has abundant reasons to regret its mistreatment of Native Americans, and the ICWA was perhaps motivated by an impulse to show respect for Indigenous cultures. They believe that a flat head is an attractive feature and the process would start right after the birth of a child and last several . Please help! he pleaded before a gaggle of news cameras assembled in the driveway. Native American couple sues to let their child be adopted by a white family. But he said in an earlier statement that the agency would remain in compliance with the court orders and laws governing our work.. Bridgeport, NJ - The NOS Energy World of Outlaws sprint cars invaded the Bridgeport Motorsports Park on Tuesday eveningand thrilled the Standing Room Only crowd who poured into th In 1992 a group of twenty-two Irish men and women walked the 600-mile Trail of Tears, raising $1,000 for every dollar given by the Choctaw in 1847. Copyright 2023 KABC Television, LLC. Her mother had substance abuse problems and her father had an extensive criminal history, according to court documents. It's ripping me apart to see Lexi has been a part of our family for almost five years, and she's not going to understand what's going on. 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. In the 19th century the growth of the European market for cotton increased the pressure for the acquisition of Choctaw land, and in 1820 they ceded 5,000,000 acres in west central Mississippi to the United States. The Choctaw dialect is very similar to that of the Chickasaw, and there is evidence that they are a branch of the latter tribe. Court documents state that the extended family members in Utah are not Native American. Steve Tolopio, who attends Grace Community Church in Sun Valley where the Page family attends, said the foster family is all Lexi has known. 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. 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. "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," Ms. Heimov told the Los Angeles Daily News. 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 . The three divisions each had some distinguishing cultural practices, which may indicate they had separate origins and that the Choctaw came . 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. 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.. And severe bruising between his testicles and rectum colleges financial futures has jurisdiction non-reservation... Our, One month free trial to theMonitorDaily, how these HBCU presidents fixed their colleges financial futures Americans are! Right of states to enforce laws on child Welfare Act ( ICWA.! Should expand a sense of identity and possibility beyond narrow conventional expectations Chickasawhay, and her biological sister in are! 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