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. 'The Choctaw Nation desires the best for this Choctaw child. 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. A dramatic scene played out on Monday as the Pages were forced to say goodbye to Lexi. If you have questions about your account, please 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.". (Page 8), It was not until after reunification services that the Pages began to pursue adoption, that was when the DCFS social worker first brought up the family in Utah. In Lexi's "We Broke Up" video, she joked around about the split before confirming that it was true. You dont have a Christian Science Monitor Protesters spent the night wrapped up in sleeping bags and in tents outside the Page's Santa home on Sunday. 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. Picture of the Choctaw Native Indian The above picture depicts Mushulatubbee, meaning "Determined to Kill" who was a Chief of the Choctaw. 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. 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. She has a loving relationship with them,shesaid. 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 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. Stay up to date on the news from Silicon Valley, and how to take back control of your data and devices. They are not strangers. 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. 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. The petition and request for a stay werefiled Tuesday; the Pages have asked thatLexi bereturned to California until hercaseisdecided. We 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. 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. 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.. They . She has a loving relationship with them, Heimov said. For the sake of Lexi and everyone in this house right now.. Lexi, who has only ever know the Pages as her parents, is one-and-a-half per cent Choctaw Native American. ICWA gives a higher preference to family members . 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. 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. The Choctaw dialect is very similar to that of the Chickasaw, and there is evidence that they are a branch of the latter tribe. The little girl has a tiny bit of Choctaw ancestry just 1.5 percent and under federal law the Choctaw Nation can decide her fate. The second appeal demanded the trial court to come to a decision with 30 days, absent extraordinary circumstances, but did not anticipate the changing of a judge, which led to a hasty decision in the third trial. 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 Choctaw Nation has advocated for Lexi to live with her family since 2011. When first encountered by Europeans, the Choctaw were located in three geographic divisions in the area that is now Mississippi and western Alabama. Dont let me go, Lexis foster father, Rusty, said after the heart-wrenching moment. Kalhan Rosenblatt For Dailymail.com The girl is 1/64thChoctaw Native American, meaning her case falls under the Indian Child Welfare Act, a federal law that claims to promote tribal families by keeping Native American children with Native American families. 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.. 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. The foster parents have appealed the court order issued earlier this month affirming the child was to be placed with the Utah couple. Oklahoma had removed him from his mothers custody after he suffered a fractured skull and severe bruising between his testicles and rectum. This article was published more than6 years ago. 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. Copyright 2016 Save Our Lexi, All Rights Reserved. The Pages did not even have a say in court at that time. Her fatherintendedto be reunitedwith her. "She has a loving relationship with them," said Leslie Heimov, from the Children's Law Center of California, the girls court-appointed legal representatives. SANTA CLARITA >> A 6-year-old girl was whisked away from her foster family in Santa Clarita on Monday after the familys repeated efforts could not prevent her from being placed with her relatives in Utah, as ordered by a court. Still, Choctaw Nation officials said in a statement that Lexi is now in a safe, loving home with her distantrelatives andherbiological sisters. (Submitted by Chris Daken) Chris Daken is taken aback by the outpouring of attention . The ICWA, an early bow toward multiculturalism, buttressed tribal identities by strengthening tribal rights. The History of Choctaw tribe. Herfathers reunification attempt failed, and her foster family decidedto adopt her, arguing thatLexi had lived with them since she was 2 and knowsthem as her family. The Choctaw dialect is very similar to that of the Chickasaw, and there is evidence that they are a branch of the latter tribe. 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. Everyone except DCFS social worker, Roberta Javier, who felt there would be no trauma breaking Lexis primary bond & attachment. I come outside to cry and go back inside to play in the backyard with them,' he said. Even though her biological parents relinquished custody years ago, her extended family in Utah has been fighting to . 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). you are agreeing to our, One month free trial to theMonitorDaily, How these HBCU presidents fixed their colleges financial futures. Can you spank kids and be foster parent? Watch on. The Choctaw Nation has advocated for Lexi to live with her family since 2011. Antonio was a casualty of the ICWAs form of identity politics the allocation of legal status and group entitlements based on biology. Were about kicking down the door of thought everywhere and saying, You are bigger and more capable than you realize. 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.. 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., How the stories of Native American youths made Obama cry in the Oval Office. Save Article . All parties agreed, the court agreeing that she is extremely bonded. (Pages 5, 8, 11 & 13), In mid-2012, the Department was confident there would be reunification with the birth-father, however soon thereafter his emotional state deteriorated when he separated from his wife. Lexi shows her face by telling the junior deckhand to "take [his] Afrikaans ass and go the f-k away." (For the record, this is simply further proof that she has no idea what she's talking . The courts have decided that Lexi will live with non-Native American relatives of her birth father through marriage. or call us at 1-617-450-2300. Our hearts are broken and we are trying to make sense of everything that has happened with our three other children who witnessed their sister Lexi forcefully ripped away from our family by strangers Children with disrupted attachment histories: Interventions and psychophysiological indices of effects, Understanding Attachment in Young Children (PDF Download). Another sister of the girl will be living down the street, she said. Patiently and prayerfully waiting to hear if the California Supreme Court will hear Lexi's case. Save Lexi. Our family is so incredibly devastated. Others believe that the current foster care system does the same thing. Court documents state that the extended family members in Utah are not Native American. The law defines family based on marriage, affinity or blood.. 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 . 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. Lexi is 1.5% Choctaw, Fox 11 reported. 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. The girl, Lexi, was taken away from foster parents . logged you out. 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 tribal authorities decided that Lexi will live in Utah . bygga vindkraftverk hemma; static electricity laptop won't turn on; en gng otrogen, alltid otrogen; reserestriktioner serbien; ryanair pillow policy On Monday morning, a crowd of more than 50 people holding signs and singing hymns still stood in solidarity with the Page family. (Page 11), Under ICWA, foster care placements must be made within reasonable proximity to the childs home (1915(a)). They have won at the higher court level (Court of Appeals) twice. "The bottom line is that children subject to ICWA are second-class citizens, by law. Choctaw descendants numbered more than 159,000 in the early 21st century. 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. 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. She holds a dual master's degree in Communications/Middle Eastern Studies from the University of Texas at Austin. She has covered a range of issues, including breaking news, immigration, law and order, race, religion and gender issues, politics, human interest stories and education. 'The children are not going to understand the separation. She said she could not say which of the two scenarios occurred Monday. 1832 The Treaty of Payne's Landing began the process for removal of the Seminoles of . In many institutions, abuse was rampant. She deserves for her rights to be heard. The Choctaw are known for their distinctive head-flattening. Images of foster father Rusty Page clutching 6-year-old Lexi left an indelible mark when the L.A. County This violated, among other principles, those of federalism: Congress thereby reduced the right of states to enforce laws on child welfare. 'As a grandmother, it's ripping my heart. A formal letter was sent to DCFS that never made its way to the tribe. What happened yesterday should never happen . Lexi will be sent to live with extended Choctaw family members in Utah, authorities said. 'This little girl, we are her home. But he said in an earlier statement that the agency would remain in compliance with the court orders and laws governing our work.. Discover what happened to the Choctaw tribe with facts about their wars and history. (Page 7), At the time of the first appeal, Lexi had already lived with the Ps for 2.5 years. 1831 The Choctaw Nation began removal from Mississippi to Indian Territory, becoming the first of the Five Tribes to be forcibly removed. A weekly update on music, movies, cultural trends, and education solutions. 23:09 GMT 21 Mar 2016 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. 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. 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. An online petitionintendedto put pressure on state authorities has more than 100,000 signatures, and a GoFundMe page has raised nearly$35,000 for the foster family. 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. Steve Tolopio, who attends Grace Community Church in Sun Valley where the Page family attends, said the foster family is all Lexi has known. We believe news can and should expand a sense of identity and possibility beyond narrow conventional expectations. Lexi, I love you! the small girls foster mother, Summer Page, called out. 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. 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. (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. 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. The chief wore European-style clothing, as worn by . We want to bridge divides to reach everyone. You can renew your subscription or This has become a legal issue but its also a family reunification issue and a sibling issue, Heimov said. remanded) to the lower court. 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.. One of my dearest friends is a 71 year old man. Sometimes with dire consequences. 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. From the age of 9 months until almost 3, Laurynn was in a North Dakota ministers foster care. Motivational influencer "Laughing Lexi" has gone missing. "Lexi, what has happened to you is wrong but be assured that mommy and daddy are fighting for you and will continue to fight for you as long as it takes," Rusty Page added. After telling each other that there would always be love and support between them, Lexi and Ben got into the reasoning for their split. Rescue them. 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.. 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. Your subscription to The three divisions each had some distinguishing cultural practices, which may indicate they had separate origins and that the Choctaw came . "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. There has been a lot of confusion around the FACTS behind the past 5 years of Lexi's lifeat the end of the day, Veritas (truth) is critical to understanding. There was clear & convincing evidence that continued placement with the birth-father would likely cause Lexi serious emotional or physical damage. SABINA GHEBREMEDHIN, KAYNA WHITWORTH, DUAN PERRIN, VIDEO: Foster Family Appeals Removal of Part-Native American Child, Do Not Sell or Share My Personal Information. But the court then declined the request last week pending appeal, McGill said. Her paternal grandmother informed the court that he was . 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