The decision to reunite the girl known as “Lexi” with her relatives in Utah stands, the 2nd District Court of Appeals ruled Friday.
The 6-year-old foster child, who was determined in 2011 to come under the Indian Child Welfare Act, was removed in March from the Saugus home of her unrelated foster parents, Rusty and Summer Page, with whom she had lived since 2012. At the direction of child welfare workers, she was brought to Utah to live with her blood relatives, including her half-sisters.
The Pages appealed the case three times, asserting their relationship with the girl constituted “good cause” to depart from the placement preferences set forth in the law.
“We have twice remanded the matter because the lower court used an incorrect standard in assessing good cause,” the appellate justices said.
The third time the lower court got it right, the justices said. They said the court correctly considered the bond Lexi developed with the Pages, her relationship with her Utah family, and the “capacity of her (Utah) family to maintain and develop her sense of self-identity, including her cultural identity and connection to the Choctaw tribal culture.”
Also taken into consideration was the Pages’ “relative reluctance or resistance to foster (Lexi’s) relationship with her extended family or encourage exploration of and exposure to her Choctaw cultural identity,” the justices said in the ruling.
The justices noted the Pages “have described efforts they made to incorporate Native American culture into their lives.” They said they joined the Autry Museum, attended various Native American events, and painted one wall of their kitchen “Navajo blue.”
Lexi’s family and caregivers issued the following statement on the news of the ruling:
“We respect the unanimous decision by the court of appeal justices. All who have been appointed to seek Lexi’s best interests – her court-appointed attorneys, guardian ad litem, social worker, the Department of Children and Family Services, and the dependency court judges – have unanimously echoed that Lexi should be raised by her family.
“As Lexi’s relatives, who have been seeking to adopt Lexi for over five years, we are grateful that both state and federal law have placement preferences for family. More than simply sharing a familial relation with us, Lexi has been a real part of our family since the moment her grandmother – our aunt – expressed her desire that we bring Lexi into our home. The determination we felt since then, when Lexi had just been placed in her first foster home, has provided vital strength for our family as we have waited for the courts to untangle the details.
“We hope the appellate court’s ruling brings closure and finality to everyone involved, and Lexi is at last allowed to live a peaceful childhood in our home with her sister.”
Lori Alvino McGill, attorney for the Pages, issued the following statement:
“The Pages are obviously extremely disappointed with the court’s decision, but they believe in our judicial system and remain hopeful that they will ultimately prevail. As a mother, it is very difficult for me to fathom what the Pages, and Lexi, are going through right now. We remain focused on Lexi’s rights under the law, which supports her being reunited with her family in California. In the meantime, it is our hope that Lexi’s extended family members will look into their hearts and allow her to speak to the family she knows as her own.”
Like this:
Like Loading...
Related
Tweet This
Facebook
Digg This
Bookmark
Stumble
RSS
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.
50 Comments
I didn’t think I could be more disgusted by the Pages until I read this… How dare they claim to be some kind of super heros for this child when they were the villain all along, throwing her dream catcher away, trying to deny her therapy and interfering with her therapy sessions, dictating and denying visitation, their idea of embracing her culture, painting a wall Navajo Blue ? Hopefully they’re hiding their heads in shame now that the truth is out publicly, the same truth we have been telling all along, finally affirmed in black and white… Call me a liar now, I dare you!! This child has been wanting to be home for far too long, the post it notes part had me in tears, I’m so glad she’ll never have to endure those types of aliention tactics again! Lexi has been saved, saved from these monsters her former foster parents and hopefully after this no child will be made to endure what she had to in that home!!
https://m.facebook.com/FinallyHomeAP/
http://www.courts.ca.gov/opinions/documents/B270775.PDF
Jessica Gustafson
I thought something was off
I stopped following and supporting this case when I found out the other side of the story. There are always 2 sides and I think lexi should be with her siblings, PERIOD.
She is Home where she Belongs..
The article said the dream catcher “ended up in the trash” didn’t say the Page’s threw it in there, what if Lexi threw it out? Are you assuming things or is there another article you’re referring to?
Apparently you are referring to this part of the ruling: “After remand, the case was assigned to Judge Trendacosta, who ordered individual therapy for Alexandria in December 2014. Alexandria seemed happier and less anxious in individual sessions and was much more open about discussing family. Wejbe felt that Summer P. was reluctant to implement some of the therapy tools she suggested for Alexandria in the home, and the P. family did not attend many of the cultural activities offered through United American Indian Involvement. During one session, Wejbe made a dreamcatcher with Alexandria. Summer P. testified the dreamcatcher had ended up in the trash.”
Thank you for covering the actual facts of this case the entire time!! ? ? ?
Oh man!! Heartbreaking
Jen Sherman this is so stupid! Our legal system blows
The Pages interfered in her therapy, they interfered in her private visits with her family, they interfered in the couple pathetic attempts for her to have a connection to her culture beyond a kitchen paint. They obsessively demanded she never be allowed a private conversation or moment away from them, even in therapy or visits with her family members. When thwarted they denied visits and tossed her things in the trash.
But sure, they’re real nice people.
Blessings and Peace. Time to heal and move forward.
May this child and family finally know some peace… I know these monsters aren’t done trying to completely destroy this child but with this ruling and the opinion released I don’t see how they have a chance in hell at California SC, as they intend to pursue, or SCOTUS, hopefully!!
Hopefully the California Supreme Court refuses to hear the case then there is no way to go further to SCOTUS.
Rusty & Summer Page do not have standing nor any Constitutional Rights to bring it to either the California Supreme Court or the SCOTUS.
This is/was about a child in foster care and not about the vicious former foster caretakers.
Ginger Olmo-Garbs I think everyone is expecting them to at least try, why wouldn’t they be able to, they still remain DF at this time I believe ? I thought everyone was in agreement they’re going to California SC and eventually SCOTUS, we don’t expect them to prevail there but we expect em to try.
The Page’s have been exposed for their lies and manipulation. Every accusation made against them has been proven and I hope the are never allowed to foster again. The time they robbed from Lexi and her family is unforgivable.
Happy Lexi is home!
I am glad Lexi is with her true, non alienation of affection, family. I hope the Pages get some psychological help because it is strange how the father seems to be in a co dependent relationship with Lexi. Just leave Lexi alone and let her get on with her life.
I just like to say thank you for sharing both sides so people can cime to their own decision about this without manipulation…The court Docs show the Truth on how the former fosters(pages) lied manipulated everything they could to prevent this child to be with her family even time from her Bio-Grandmother before she passed away how is that ethical, they have also violated the privacy of this child and her Family in ways of possible danger to their well being, disgusting and I Pray to God they revoke their foster license as soon as possible..
This is great to see! Now I can only hope that people will see the Pages for how they really are. Lexi is safe now with her family. Thank you COA!
I’m sorry but there is no good way to justify what they did.
“In March 2014, the P.s insisted that they must be present for Alexandria’s visits with the R.s, despite the Department clarifying that unmonitored visits were permitted. ”
“After the P.s unsuccessfully sought Court of Appeal intervention to prevent the R.s from taking Alexandria to Disneyland, Judge Pellman ordered that Alexandria’s monthly visits with the R.s would remain unmonitored”
“Wejbe felt that Summer P. was reluctant to implement some of the therapy tools she suggested for Alexandria in the home, and the P. family did not attend many of the cultural activities offered through United American Indian Involvement. During one session, Wejbe made a dreamcatcher with Alexandria. Summer P. testified the dreamcatcher had ended up in the trash.”
“The R.s had a four-hour visit with Alexandria at Disneyland, but after Alexandria was delayed in returning home because the social worker was stuck in traffic, the P.s refused to allow another visit the following day.”
It just goes on and on and on like this. It shows a clear pattern of the Page’s doing everything they could to make sure she did NOT have any attachment to her culture or her rightful, legal, biological family. Then they want to cry foul, boo hoo on camera and pretend to be the victims? Seriously?
Now the bigger question should be what the Pages are going to do with the $60,000+ they made on L’s image, name and private details.
For me at least, it seems common sense that if you fund raise by marketing someone, should they not get the lion’s share of that money? All the lawyers supposedly worked pro-bono so there should be a lot of that money left which should go to L, no?
But the sad part is the Pages will never send a dime to her. Just like they never sent her any of her things she requested, repeatedly, as they continue to take updated pictures of her former bedroom, former toys, former photos and things instead. More important to keep them around for manipulation and photo-ops then send them to the child they supposedly care about.
Making money off these children in the foster system is nothing new. Lori Alvino McGill knows this and has used it before. Lori is also good friends with SCOTUS justice Roberts, who, as a favor to her got the court to hear Adoptive Couple vs Baby Girl, in which justice Sotomayor said he turned the law inside out to get a favorable decision for McGill. Thus, a 4 year old girl was forced away from her biological father and adopted. The girl begged not to go with the couple. Selfish people, today, several years later, that little girl still asks when she can go home. This is child abuse, and it needs to be stopped!
It appears these folks bear all of the hallmarks of the White Savior pathology. As an American of Celtic-Euro descent I am shocked at the blatant “blood quantum ” racism of their supporters.
I am Elated by the outcome finally the truth p revails…However I am appalled to even read more truth of how these former fosters Interfered with this childs Therapy and visitations with the family, clearly showing signs of Narcissistic behavior.. I am so happy she is home however
concerned for the children that are still there..
May I ask since I am new to this area. I know a little bit about ths case but my question is why was she put in foster care in the first place?
From what I heard her father went to jail and mother was using drugs (and mother’s other children were already in foster care). I don’t this for sure as I don’t know any parties involved, but that’s what I remember hearing when all of this started. Hope that helps!
Thanks, Charrise Cuevas. I wonder why if that was the case they didnt send her over the first time with the other family members,and not in the foster system. Thanks for the info.
She was placed in S. California so she could be physically close to her father in an attempt to unify with him. The family in Utah has been identified as plan 2 since 2011, even before this child was in this foster placement. When the Fathers unification plan failed due to stressors in his life a move was made to start the process fora short reunification plan to the relatives in Utah.
Her father was not going to be in jail all that long so the plan was reunification with her father, sadly that didn’t happen it was reported the system did not work with him..However there was a concur plan that if for any reason reunification did not happen she was to go to Utah with her family and that first transition was to happen when she was 3 yrs old but the former fosters held it up in courts for 3 plus more years preventing this child to go home..
Yep.
When your child goes into foster care, the plan is almost always that parents get a chance to fix their problems and get the child back. That can sometimes take many months.
The father tried for a long time and it’s in the court documents that he actually did a very good job. But his marriage ended, some of the things they demanded he do conflicted with each other (they demand you’re employed but then schedule therapy only on your work days, for instance. If you lose your job, they’ll punish you. If you don’t go to therapy, they punish you). And with the latest court ruling it’s pretty clear that the Pages probably interfered with his attempts to reunify just like they interfered with Lexi’s therapy and attempts to reunify with other family members later.
The plan was always that if he failed, Lexi would go to his family members (where she is now). That was the plan from Day 1, long long long before she ever got to the Pages.
The Pages started trying to force an adoption less than a year after Lexi arrived, even knowing that was never the plan and having agreed to the plan of her going to the Utah family. They’ve appealed and delayed and delayed since then and are still trying to force that unneeded, unwanted and unnecessary adoption on this child….and getting filthy filthy rich doing it.
I am elated at the outcome the truth did prevail… however I am appalled at Reading how the former foster parents interfered With this child’s therapy and visitations with her family showing signs of narcissistic behavior I am so glad this child is free from that environment…However I am concerned for the children that are still residing in their home…These former foster parents should have their license taken away on how they try to steal somebody else’s child…
Iam elated at the outcome the truth has prevailed and she is home..however I am appalled reading how the former Foster interfered with this child’s therapy and visitations with her family trying to control every aspect of her reunification And prevent this child from going
home to her family, I am so glad that she is not in this environment any longer, however I am concerned for the children that are still there, these former fosters definitely have shown narcissistic behavior and that is not a good environment for any child..
Brittney Gage
Dear Lexi, you are free at last, free at last. May your days ahead be filled with love, laughter and people you can truly trust to look after your best interests. Go out and shine, the world awaits you.
I’m shocked at these comments. What on earth has society come to that we have to judge these people so harshly. I’m sure the intentions of the Page’s were never to harm or cause hurt to Lexi in anyway. At the end of the day, Lexi has very obviously become close with BOTH families! It’s time for EVERYONE stop fighting and start coming together for this child and this child ONLY!
Sorry that your shocked about these comments in the beginning I have had the same feeling, however the only things being said are what has been proven and documented in the court Docs. and also the behavior on their FB page , they have shown Narcissistic behavior through this whole case..its very sad because in the transition plan it was documented a continued relationship with the pages was best for this little girl, but the fosters chose their Campaign over being in her life and watching her grow up…How is their choice in best interest of this child…
Judge harshly? It is in the court documents. The Pages’ behavior was one of the factors for not sending her back! Parental/Family alienation DOES hurt the child and it was intentional.
There was parental/family alienation that harmed the child and it was intentional.
Failed Foster parents
Time to move on
This is how it should be. We have laws in place to protect all American Native Indian children. Indian child welfare has been a priority for all First Peoples Nations for decades..
To see more truth, https://www.facebook.com/FinallyHomeAP/?fref=ts
Stacey Estrada I am not sure why you are shocked by these comments. The Pages attempted to take a child from its family. Why did they try? Why did they continually interfere with family visits and therapy? The court documents give nothing but support to the fathers complaints that the Pages interfered and pushed him out of his daughters life. The father has lost his child but the extended family has stepped up time and time again.
Foster, parents, should know, when they take a child, it is not always permanent. Lexi,is where she should be, with her family,and her sister. It was not her fault her parents were screw-ups. She had a family that wanted her and stood up to the plate, and she is where she should be. Growing up, with her sister . Start focusing our YOUR children, and move on.
You nailed it. If these caregivers had wanted to expand their family through adoption there are hundreds of children in the foster care system that are available and would welcome a home. This is the second time these folks have attempted to detain a child from family reunification when they are not adoptable.
First off, the court decided in 2011 that the child, A., was eligible to be re-united with her blood family under the Indian Child Welfare Act, but the Pages didn’t receive her for foster care until 2012, so they went into this foster care situation knowing it wasn’t permanent. Even though A. is only 1/64th Choctaw and the “blood relations” are relatively distant, the Pages knew it was the law yet they dragged out their battle.
From the earlier news reports and getting their whole church involved it sounds like they may be some sort of Fundamentalist Christians who believe it’s “sinful” to have a dream catcher and the beliefs of Native Americans, and wanted to “save her.” They also interfered with therapy, and visits to her blood relations — what’s a 4-hr. trip to Disneyland, anyway? Why so miserly? Clearly they were too controlling and it worked against them.
HOWEVER now it seems to be the other way around: A HAS formed a close bond with this family however it was achieved and the blood relations seem to be denying her contact with the Pages and foster siblings, that is cruel too. And whoever this “Amber” is chiming in again and again calling the Pages “monsters,” she’s a disgusting example of what A’s blood family is like IF she represents them, hopefully she does not.
The Pages went into this a a foster family, it is not permanent, they knew that.. A. should of been with blood family a long time ago…
In the Choctaw nation you are either 100% a citizen or not. Membership standards go back to the Dawes Rolls. I wish people would stop trying to diminish this childs heritage by failing to recognize that fact.