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. Their dwellings were thatched-roof cabins of logs or bark plastered over with mud. May 21, 2022 . Copyright 2023 KABC Television, LLC. 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"Lexis safety and well-being are the Choctaw Nations paramount concern," the statement added. (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. After telling each other that there would always be love and support between them, Lexi and Ben got into the reasoning for their split. 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. She will live with a Utah couple who are not Native Americans but are related by marriage to her father. 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.. 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. Hear about special editorial projects, new product information, and upcoming events. The Christian Science Monitor has expired. Their most important community ritual was the Busk, or Green Corn, festival, a first-fruits and new-fire rite celebrated at midsummer. 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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? Our editors will review what youve submitted and determine whether to revise the article. How is it that a screaming child, saying, I want to stay, Im scared how is it in her best interest to pull her from the girl she was before that doorbell rang? Rusty Page told radio station KNX, according to the Associated Press. Lexi's foster siblings screamed 'no' over and over, crying hysterically as their sister was taken. A petition has been signed by more than 40,000 people to keep Lexi with her foster family, The comments below have not been moderated, By subscription. 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. These relatives have been a part of Lexi's life for almost five years. Rescue them. Patiently and prayerfully waiting to hear if the California Supreme Court will hear Lexi's case. 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. "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. Living with extended family in Utah will be in Lexis best interests, the Choctaw Nation said in a statement, saying the tribe's values of faith, family and culture are what makes our tribal identity so important to us.. By Joshua St. Clair Published: Feb 20, 2022. How much do you know about California? Good cause should have been determined based on significant risk that a child will suffer serious harm as a result of a change in placement. (Page 2, 34 & 36), The Court of Appeals determined that, had the correct standard been applied it is reasonably probable that the courts decision would have been different had it applied the correct good cause standard.considering Lexis best interests, including the strength & longevity of her bond to the Pages and the trauma she may suffer if that bond is broken. (Page 39-40), The Court of Appeals stated that the passage of time could strengthen Lexis bond with the Pages even more. 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 . Lexi is 1.5% Choctaw, Fox 11 reported. Alexa Orlove opens up about physical assault. One of my dearest friends is a 71 year old man. The horrifying scene came days after Rusty and his wife Summer were denied an emergency stay to keep the part-Native American child. 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. Lexi, who has only ever know the Pages as her parents, is one-and-a-half per cent Choctaw Native American. Some people are upset at the way iPhones charge. . Through this healing, Lexi formed a strong primary bond and attachment with the entire family, viewing them as Mommy, Daddy and siblings. 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. Categories . 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. The Childrens Court of LA County is the court that rules in favor of ICWA over the child. 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 legacy of that system is still felt on reservations today. 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. 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. 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. Heimov told the Daily News thatLexi has one sister who lives with the relatives in Utah and another sister who will livenearby. Take our quiz. 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 . They have come to . But the court then declined the request last week pending appeal, McGill said. There was clear & convincing evidence that continued placement with the birth-father would likely cause Lexi serious emotional or physical damage. 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 Pages have filed an appeal in the California Supreme Court. Her father, who is part Choctaw, belongs to a tribe, so her case fell under theIndian Child Welfare Act. SABINA GHEBREMEDHIN, KAYNA WHITWORTH, DUAN PERRIN, VIDEO: Foster Family Appeals Removal of Part-Native American Child, Do Not Sell or Share My Personal Information. Dont miss reporting and analysis from the Hill and the White House. The Choctaw knew of this case from the get go. 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. He later told ABC 7, Lexi and his other biological children with Summer - a nine-year-old, another six-year-old and a two-year-old - have not been told what is about to happen. Her mother had substance abuse problems and her father had an extensive criminal history, according to court documents. sammy the bull podcast review; Tags . Foster parents Rusty and Summer Page vowed to get the girl back, saying they love their daughter and have . 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. Native American children with Native American families. "My clients weren't able to adopt her because the Indian Child Welfare Act applied, and under the act there are placement preferences with relatives, extended family members and other members of the child's tribe," said Lori Albin Magill, the family's attorney. 24/7 coverage of breaking news and live events. 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. Unfortunately, since Lexi is 1.5% Choctaw, the state of California and LA County have allowed the Indian Child Welfare Law to devastate this family and abduct Lexi from her Mommy and Daddy on Monday to move her to Utah to live with a non-blood related family who aren't even members of the tribe, providing heartless and false justification . contact customer service The relatives invoked the federal Indian Child Welfare Act (ICWA), a law meant to protect the rights of Native American families. 'Therefore we will continue to work to maintain these values and work toward the long-term best interest of this child,' it said. . (Page 8), January, 2013 Lexis attorney opposed Lexis move to Utah, issuing a Do Not Remove order to prevent Lexi from being moved. 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. Her relatives have been a part of Lexis life for almost five years -- visiting her in California and making regular Skype calls. 1832 The Treaty of Payne's Landing began the process for removal of the Seminoles of . 'And we will, with very heavy hearts, comply with the order and we'll be waiting here for them to come take her,' Rusty said. In the mid-18th century, there were 20,000 Choctaw living in 60 or 70 settlements along the Pearl, Chickasawhay, and Pascagoula rivers. 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. The very people that are supposed to be advocates for kids are hurting them.. Discover what happened to the Choctaw tribe with facts about their wars and history. Minneapolis's innovative attempt to help homeless kids, Don't arrest teen prostitutes, LA County says. 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! 'They have no idea what's going on. The state appeals court could take up to 60 days to make a decision. A central issue stems from Lexis heritage, which has stirred up questions about which family is best suited to raise her. Among the southeastern agriculturalists the Choctaw were perhaps the most skillful farmers, producing surplus crops to sell and trade. 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 . She holds a dual master's degree in Communications/Middle Eastern Studies from the University of Texas at Austin. The chef told the stew that no one on the boat likes her, and she hit back that his parents "should've . Lexi, I love you! the small girls foster mother, Summer Page, called out. 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.. 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. Rupert Murdoch isnt sinking the Fox News legal case. Kalhan Rosenblatt For Dailymail.com It demotes the best interests of the child from the top priority; it makes a childs relationship with a tribe supremely important. Heres why. "We miss seeing you, holding you, teaching you, singing with you and playing with you," said Rusty Page, her former foster father. The talented 22-year-old was one of Navarro's best tumblers. 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. Some erupted into tears, prayed aloud or sang hymns following a few seconds of stunned silence. The Indian-removal process continued. 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. The Pages had explored that heritage before Lexi was placed with them, and they made an effort to teach Lexi Choctaw language and stories. 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.. high court says no. log out. Heres why. In the mid-18th century, there were 20,000 Choctaw living in 60 or 70 settlements along the Pearl, Chickasawhay, and Pascagoula rivers. Lexi's paternal grandmother alerted the Los Angeles County Department of Children and Family Services that her son was a member of the Choctaw tribe, but the tribe agreed to her placement at the time. 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. 'The children are not going to understand the separation. 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'. Because of an arbitrary law its ripping her from a stable environment, he said. The Choctaw Nation has advocated for Lexi to live with her family since 2011, the tribe saidin a statement. Lexi has also been on extended visits to Utah. We will continue to expeditiously pursue our appeal through the state courts in California, and, if necessary, to the U.S. Supreme Court. "The bottom line is that children subject to ICWA are second-class citizens, by law. Steve Tolopio, who attends Grace Community Church in Sun Valley where the Page family attends, said the foster family is all Lexi has known. 'Quite frankly, when Lexi is old enough to understand what happened to her, I think that would lead to resentment of her heritage, not embracing of the culture,' Rusty told ABC 7. The Indian Child Welfare Act is meant to help tribes keep children in tribal homes where they can learn about their culture. On Monday morning, a crowd of more than 50 people holding signs and singing hymns still stood in solidarity with the Page family. The court agreed, finding that the Page family had not proven by clear and convincing evidence that it was a certainty the child would suffer emotional harm by the transfer.. 'Despite our pleas to the county, we received word the county has every intention of taking Lexi today. Staff Photographer David Crane contributed to this report. Lexi will be sent to live with extended Choctaw family members in Utah, authorities said. 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. Latest book reviews, author interviews, and reading trends. You dont have a Christian Science Monitor She deserves for her rights to be heard. A weekly update on music, movies, cultural trends, and education solutions. Alexa Orlove took to Instagram to share the reason for her week-long absence from social media. (Page 10), The Pages were granted De Facto status in 2013, giving them a voice in the court. 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. Her fatherintendedto be reunitedwith her. ICWA gives a higher preference to family members . From the legends that have been told by people to people, the Choctaw people originated from NanihWaiya. The tribe also has jurisdiction over non-reservation Native Americans foster care placement proceedings. The department did not officially request expedited placement until November 2012, one year after Lexi was placed with the Pages & thoroughly bonded/attached. 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. But when the Cherokee Nation objected to his removal, Oklahoma, knowing that the ICWA favors tribal rights, relented. Hello world! 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. Her paternal grandmother informed the court that he was enrolled in the tribe. what happened to lexi choctaw 2021. Lexis attorney, for no reason given, removed her opposition to Lexis move to Utah. In Lexi's "We Broke Up" video, she joked around about the split before confirming that it was true. Lexi was taken from herfoster home inSanta Clarita, Calif., where supporters had been camped out praying, singing hymns and protesting with signs that readKeep Lexi Home and Save Lexi.. McGill noted that they cannot ask the U.S. Supreme court to intervene before they have a final order from the California appellate courts, which had yet to decide on their appeal. A formal letter was sent to DCFS that never made its way to the tribe. Before Lexi was handed over, Rusty addressed the crowd to tell them the news. We change lives. Authorities are taking the child to relatives of her birth father, who live in Utah. Please help #bringlexihome The courts have decided that Lexi will live with non-Native American relatives of her birth father through marriage. 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.. . 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. lost dog street band violin sheet music Less than six weeks later she was dead, having been thrown down an embankment by the grandfathers wife, who had a record of child abuse. When Lexi was carried into the vehicle that drove off, scores of neighbors, friends and relatives looked on. Lexi did feature in the early episodes of Season 2 of Cheer, but sadly, was mainly absent from the latter half of the series which focused on Navarro and TVCC's journey to Daytona.. Like many of . By continuing to browse the site Beaten again, he died a month after returning to his mother. Protesters spent the night wrapped up in sleeping bags and in tents outside the Page's Santa home on Sunday. 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. According to the Los Angeles Daily News, Lexi and her . 'As a matter of simple human decency, we implore the county not to prematurely take Lexi from her home,' Rusty said between sobs as he read from a statement. Foster care is a much-needed temporary service provided for children until the child can be returned to the care of his or her family., Opinion: Tribes are essential to the well-being of Native American children. So, the ICWAs sacrifice of individual rights to group entitlements probably has a diminished power to shock. She said, Dont let them take me. 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.. Our family is so incredibly devastated. 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. Track SoCal rain with LIVE Megadoppler 7000 HD. In a statement, the tribe said it wants what is best for the child. About a year ago, I happened upon this statement about the Monitor in the Harvard Business Review under the charming heading of do things that dont interest you: Many things that end up being meaningful, writes social scientist Joseph Grenny, have come from conference workshops, articles, or online videos that began as a chore and ended with an insight. They have come to Santa Clarita about once a month and they Skype about once a week. (Page 1 Court of Appeals decision), Lexis birth-mother has a lengthy substance abuse problem & her birth-father has an extensive criminal history. "There's no doubt in my mind that what happened . you are agreeing to our, One month free trial to theMonitorDaily, How these HBCU presidents fixed their colleges financial futures. But the cost, in broken bodies and broken constitutional principles, has been exorbitant. The Pages have fostered beforebut despite accusations, had a good relationship with the biological father & had no intention of adopting. Where is Lexi page now 2021? For example, tribes can partially nullify states powers to intervene against tribal parents abuse endangering children. 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. In the power struggles that took place after colonization, the Choctaw were generally allied with the French against the English, the Chickasaw, and other Native American tribes. (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. The photos are from Alexa in the hospital because she suffered severe physical injuries after her ex-boyfriend physically assaulted her. 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. Earlier in the day, Rusty Page told reporters that L.A. County social workers had informed him that they intended to take Lexi the same day and that the family would comply with very heavy hearts., PHOTOS: #KeepLexiHome rally in Santa Clarita. 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 family's attorneys argued before the state court of appeals to reverse a lower court ruling that removed the 6-year-old, but no decision was made. Summer and Rusty raised Lexi for the last five years and spent the last two-and-a-half trying to adopt her with no success. The money went to relieve suffering in famine . What happened yesterday should never happen . McGill said a social workernotified the Pages onWednesday that Lexi had safely reached herUtah home, though thats all theyve heard.. 0. The Choctaw dialect is very similar to that of the Chickasaw, and there is evidence that they are a branch of the latter tribe. She has a loving relationship with them, Heimov said. The Page family recently launched a Change.org petition about the case that garnered more than 40,000 signatures from around the world as of Monday afternoon. Log in to hide ads. "The Choctaw Nation has advocated for Lexi to live with her family since 2011," the tribe said in a statement. Aug 26, 2016. — -- A Santa Clarita, California, family is living its worst nightmare. Already a subscriber? Lexi is 1/64th Choctaw on her fathers side, according to court documents, which also note that she was 17 months old when she was removed from her birth parents custody. In the days since Lexi was removed from the Southern California home, her foster parents have continued to fightthe decision. 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. By September 2012, he declined further reunification services. 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. Lexi was originally removed from her parents care at 17 months. 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. As the tale unfolds, the story of what really happened becomes stranger than fiction. Lexi, who has only ever know the Pages as her parents, is one-and-a-half per cent Choctaw Native American. 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. In many institutions, abuse was rampant. But nobody could possibly be more devastated than our 6-year-old daughter, who found herself restrained in a car and driven away to go and live in a foreign place hundreds of miles from her family, friends, teachers, home and life.. He suffered beatings by his parents, who have been charged in his death. The Monitor is a peculiar little publication thats hard for the world to figure out. We are no longer accepting comments on this article. 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. 23:09 GMT 21 Mar 2016 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. To sell and trade the Seminoles of % Choctaw, Fox 11 reported group entitlements has. Reason given, removed her opposition to Lexis move to Utah and broken constitutional,. Began the process for removal of the Seminoles of her from a stable environment, he a. The long-term best interest of this case from the University of Texas at Austin LA County.. Going to understand the separation in tents outside the Page family Americans but are related by marriage to father! But when the Cherokee Nation objected to his mother American relatives of her birth through... 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