[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

SCVNews.com | U.S. Supreme Court Won’t Review ‘Lexi’ Case | 01-09-2017
Inside
Weather
Santa Clarita CA
Sunny
Sunny
42°F
 
Calendar
Today in
S.C.V. History
February 25
1936 - U.S. release of Charles Chaplin film "Modern Times," partially shot in SCV [story]


The U.S. Supreme Court reported Monday that it will not hear the case involving a former Santa Clarita child with Native American ancestry who was removed from a foster home in Saugus and placed with relatives in Utah.

The decision puts an end to the legal tug-of-war over 6-year-old “Lexi,” which gained media attention last March when her foster parents, Rusty and Summer Page, went public in their opposition to the child’s impending placement with with her relatives, a move that had been planned in 2011 before Lexi came into the Pages’ care.

Two lower courts and the California Supreme Court denied appeals last year to keep Lexi with her foster family.

According to court documents filed with the U.S. Supreme Court by Lexi’s own court-appointed attorney, Christopher Blake, “The minor is satisfied with her current adoptive placement; it is in accord with general principles of California law and with the principles of (the Indian Child Welfare Act), both federal and California. There is simply no need for this court to intervene and upset this adoptive placement to which the minor, her tribe, the agency responsible for her care and custody and her parents, have all agreed.”

Blake also states that both the Los Angeles County Department of Children and Family Services and the Choctaw Tribe of Oklahoma, in which is Lexi is eligible for enrollment, have chosen Lexi’s relatives in Utah, “and that selection was made before (the Pages) ever assumed any care for the minor, and they were always aware of that fact,” adding that state law “strongly favors relative placement and placement with siblings for dependent minors.”

In a statement released Monday on the “Save Lexi” Facebook page, the Page family wrote: “To say we are heartbroken is an understatement. … We will continue to advocate on Lexi’s behalf. We are her parents and will never give up on her. Our home will always be her home, and we know that one day we will be able to hold her in our arms again. One day she will know how many people fought for her. Lexi, we love you forever and ever.”

“The U.S. Supreme Court has declined to hear the appeal in Lexi’s case. This means the former foster parents have exhausted their appeals, and Lexi can now remain permanently with her sister in the home of their extended family,” said DCFS Public Affairs Director Armand Montiel. “We are satisfied with the Supreme Court’s decision.”

An article by Charlie D. Clark of the Choctaw Nation of Oklahoma, published Jan. 11 in Native Times, states: “The Choctaw Nation is pleased that this lengthy and unnecessary litigation has been brought to an end by the U.S. Supreme Court. Lexi can remain where she belongs, with extended family that will raise her and a sister in the Choctaw tradition. The attorneys who brought the case to the high court made clear from the beginning their goal was not only to remove Lexi from her Utah family, but to overturn the Indian Child Welfare Act. They failed to do so, and the ICWA will continue to protect Native American children’s rights to family and cultural connections.”

Statements from other parties involved in the case will be added to this article as they become available.

Attached are briefs submitted to the U.S. Supreme Court by all parties:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

7 Comments

  1. Star says:

    Lexi, is exactly where she needs to be, where she legally belongs. The interests of this child were met. Lexi is free to blossom without the unnecessary petty vindictiveness of that foster family who used her as a prop to win sympathy from the duped masses of ignorant people living in SCV.

  2. goooey says:

    http://www.courts.ca.gov/opinions/archive/B252999.PDF

    “By the time Alexandria was placed with the P.s in December 2011, her extended family in Utah, the R.s, were aware of dependency proceeding and had spoken to representatives of the tribe about their interest in adopting Alexandria. The tribe agreed to initial foster placement with the P.s because it was close to father at a time when he was working on reunification. If reunification services were terminated, the tribe recommended placement with the R.s in Utah.”

    The Utah Family referred to as the R’s were always the first choice for placement if reunification with the biological father failed.

    “On October 4, 2012, the court terminated father’s reunification services and scheduled a hearing for termination of parental rights under Welfare and Institutions Code section 366.26. At the Department’s request on November 16, 2012, the court issued a request for expedited placement, identifying the R.s in Utah as the planned placement under the ICPC.”

    As early as November 16, 2012 a request for expedited placement was issued.

    “On January 17, 2013, while the ICPC request was still in process, Alexandria’s guardian ad litem and court-appointed attorney requested a “Do Not Remove” order to prevent Alexandria from being moved out of state without a court order. ”

    By January 2013, the Page’s blocked the placement of Lexi with the intended adoptive family in Utah. During the 2yrs that lexi was under foster care with the Pages, the Pages was reminded that the child was under ICWA jurisdiction, that the foster placement was _temporary_, that the R’s were the intended adoptive placement family.

    The Page’s most likely acted out of a misguided attempt at safeguarding Lexi’s welfare. but the irony is that they probably ended up causing the most damage by delaying Lexi’s prompt placement for _3 years_

  3. Coastal Sage says:

    Here’s a link to the resume of the appellate lawyer for the foster parents who appealed the California courts’ decisions all the way to the U.S. Supreme Court. Now no one in Santa Clarita will ever find out why she took the case. http://wilkinsonwalsh.com/who-we-are/lori-alvino-mcgill/

    Now we’ll never find out what the Goldwater Institute wanted to accomplish by filing an amicus brief in the case in support of the foster parents.

    The U.S. Supreme Court’s docket page for this case tells us that on January 6, 2017 the Justices sat down and discussed a bunch of cases to decide which ones they wanted to hear. It’s pretty bone chilling from the point of view of the foster parents and the little girl involved to think of the U.S. Supreme Court Justices sitting around a table and deciding, in effect “Off with their heads”.

    With my kids, looking back at ancestors who would make up a 1/64th blood line we would have to go all the way back before the Revolutionary War. I bet the same holds true for most families in the USA.

    The upshot of the refusal of the U.S. Supreme Court to hear this case is that if your children are 1/64th Native American, or more, you need to keep your mouth shut about that fact, because if those children are ever involved in a custody lawsuit some Native American tribe can muscle their way in, claim that your child is a Native American and a defacto member of their tribe and dictate who gets custody, regardless of what the judge thinks is right. No I am not kidding.

    • Lina says:

      @Coastal Sage: “Here’s a link to the resume of the appellate lawyer for the foster parents who appealed the California courts’ decisions all the way to the U.S. Supreme Court. Now no one in Santa Clarita will ever find out why she took the case.”

      She took it because she is a part of a group that wants to abolish a federal law. Also because no respectable attorney would take such a case, and she was the only one desperate enough for it.

      “Now we’ll never find out what the Goldwater Institute wanted to accomplish by filing an amicus brief in the case in support of the foster parents.”

      The Goldwater Institute wants to destroy it’s founder’s reputation, and so they want to abolish the federal law that the founder was in favour of.
      Also, there is money involved in finalizing adoptions, so people with a financial interest in that will try to create more opportunities to make money whenever they can.

      “The U.S. Supreme Court’s docket page for this case tells us that on January 6, 2017 the Justices sat down and discussed a bunch of cases to decide which ones they wanted to hear. It’s pretty bone chilling from the point of view of the foster parents and the little girl involved to think of the U.S. Supreme Court Justices sitting around a table and deciding, in effect “Off with their heads”.”

      Why are you including the girl in that? She wants to stay in Utah, with her baby sister and her family. She does not want her former fosters.
      And the former fosters have done absolutely nothing to earn sympathy points. They made their bed when they prevented Lexi from going home almost four years ago now. They knew it would come to this moment and they did not care how their actions would affect Lexi.
      THAT is bone chilling.

      “With my kids, looking back at ancestors who would make up a 1/64th blood line we would have to go all the way back before the Revolutionary War. I bet the same holds true for most families in the USA.”

      Then rest assured that it has nothing to do with that. That ancestor is simply the enrolled ancestor who guaranteed his children enrollement, his children guaranteed their children enrollement, etc.
      Lexi’s father is an enrolled member of the Choctaw Nation. So was her grandmother. So are both of her sisters. Lexi’s membership in the tribe is because her father is a member.
      And just because they got their eligibility through that one ancestor does not mean it’s the only Native ancestor of that family just because it’s his line on their CDIB.

      “The upshot of the refusal of the U.S. Supreme Court to hear this case is that if your children are 1/64th Native American, or more, you need to keep your mouth shut about that fact, because if those children are ever involved in a custody lawsuit some Native American tribe can muscle their way in, claim that your child is a Native American and a defacto member of their tribe and dictate who gets custody, regardless of what the judge thinks is right. No I am not kidding.”

      You may not be kidding, but you are absolutely mistaken.
      Lexi is an enrolled member of the Choctaw Nation, and her father requested a placement with family members, the tribe simply approved his request.
      Also, if your children are 1/64 Native American, that does not mean they are eligible for enrollment in federally recognized tribe. ICWA only applies to children who are members of a federally reconized tribe or eligible for enrollment in such. And even then, they do not ignore the parents’ wishes.
      There’s actually one case where both parents of an Indian child wanted their child to be adopted to strangers. The tribe did not fight that, since both parents wanted it, and simply made the condition that the girl be enrolled in the tribe before the adoption, which was the girl’s right.

      Also, all judges involved in this case have ruled in favour of Lexi’s family and against the former fosters. Lexi’s move to her family was right for her, and all professionals and her family members approved it. The only ones who didn’t like it are the former fosters, and they never had any rights to the child AND the child does not want to be with them anyway.

      • SCVNews.com says:

        Also, if you remove ancestry from the equation altogether, what you’re left with is some non-relatives trying to prevent a child from reuniting with her competent relatives, which they knew would happen from the very beginning, and dragging it out in court for years, to the potential detriment of the child’s emotional well being.

  4. Nadiya Littlewarrior says:

    Thank you SCOTUS!

  5. Jo says:

    It is amazing that here in the article are all of the documents given the court. I can’t believe that anyone who actually reads through them would come to the conclusion that the child’s best interest was not served.

Leave a Comment


SCV NewsBreak
Loading...
Related Content
LOCAL NEWS HEADLINES
Friday, Feb 24, 2017
21 Nominated for Zonta’s Women in Service Celebration
Twenty-one outstanding community volunteers have been nominated by local non-profit organizations to be honored at the annual Women in Service Celebration sponsored by Zonta Club of Santa Clarita Valley.
Friday, Feb 24, 2017
April 29: LASD Inaugural Trail Ride to Honor Sgt. Steve Owen
The Los Angeles County Sheriff's Inaugural Trail Ride will be honoring Sergeant Steve Owen, who was killed in the line of duty in early October 2016, on Saturday, April 29 in Castaic.
Friday, Feb 24, 2017
Crime Blotter: Petty Thefts in Stevenson Ranch
Stevenson Ranch Crime Report: Week of 02/13/17- 02/18/17
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1936 - U.S. release of Charles Chaplin film "Modern Times," partially shot in SCV [story]
Tonight on SCV NewsBreak, LASD announces the Inaugural Trail Ride benefiting local youth. Plus, make sure to get your vote by mail ballot before the March election. Watch these stories and more on tonight's edition of SCV NewsBreak.
SCV NewsBreak for Friday, February 24, 2017
Zonta Club of the Santa Clarita Valley is currently offering sponsorship opportunities as well as individual tickets for its 2017 LUNAFEST,®, a festival of short films by, for and about women.
Zonta Offers Sponsorships,Tickets for 2017 LUNAFEST
Twenty-one outstanding community volunteers have been nominated by local non-profit organizations to be honored at the annual Women in Service Celebration sponsored by Zonta Club of Santa Clarita Valley.
21 Nominated for Zonta’s Women in Service Celebration
In support of Augie's Quest, LA Fitness announced plans to host its seventh annual in-club event, Action for ALS, across the company's over 690 locations on Saturday, February 25, 2017. Augie's Quest is a nonprofit research initiative dedicated to finding a cure for amyotrophic lateral sclerosis (ALS).
LA Fitness Supports Augie’s Quest, Research for ALS Cure
Princess Cruises, the top North American cruise line in Japan, today announced its longest Japan cruise season yet with an array of voyages from Tokyo and Kobe in 2018 that circumnavigate the country, visiting top-rated cultural ports.
Princess Cruises Unveils 2018 Japan Cruise, Cruisetour
Everyone is invited to Santa Clarita Christian Fellowship to see Pastor Harper, his wife Cecile and congregation of SCCF honor Bishop Henry Hearns, author of "How Odds Even Through Grace," former Chief of Environmental Planning for Edwards Air Force Base, and the first African American mayor of Lancaster.
Feb. 26: SCCF to Honor Revered Engineer, Mayor, Author Bishop Hearns
Seniors who have saved up for years to take a vacation abroad could arrive at their dream destination only to find that they have been conned.
Fraud Friday: Watch Out for Tourist Visa Scams
Join Providence Holy Cross Foundation at Six Flags Magic Mountain for A Day in the Park and Picnic on Saturday, March 18.
March 18: Join Providence for A Day in the Park and Picnic at Magic Mountain
The Los Angeles County Sheriff's Inaugural Trail Ride will be honoring Sergeant Steve Owen, who was killed in the line of duty in early October 2016, on Saturday, April 29 in Castaic.
April 29: LASD Inaugural Trail Ride to Honor Sgt. Steve Owen
Shakti Fest returns for its seventh season, this year on Mother’s Day weekend itself: May 12 to 14 at the Joshua Tree Retreat Center, in Joshua Tree, CA.
May 12-14: Shakti Fest in Joshua Tree National Park
Stevenson Ranch Crime Report: Week of 02/13/17- 02/18/17
Crime Blotter: Petty Thefts in Stevenson Ranch
JAM session, 10 by 10, SENSES, Revved Up, more.
Upcoming Arts & Culture Events for March
The County Interim Health Officer is issuing a Cold Weather Alert due to the National Weather Service’s forecast for low temperatures. Wind chill temperatures are expected to be below 32 degrees Fahrenheit.
Feb. 25-28: Cold Weather Alert Issued for SFV, Mountains, AV
1956 - Baseball Hall of Famer Eddie Murray born in Los Angeles; later SCV resident & car dealer [story]
Over the next eight years, the company plans to move approximately 650 positions from its Space Systems facility in Sunnyvale, Calif., to other Lockheed Martin locations in the U.S.
Lockheed Martin to Move Missile Program Out of California
Hart High soccer faced off against Desert Mirage Wednesday afternoon, leading Desert Mirage to a 2-1 win and sending them to the next round of CIF Southern Section Playoffs.
Desert Mirage Beats Hart High 2-1
Tonight on SCV NewsBreak, local supporters of Measure H rallied for the measure at Bridge to Home. Plus, a new art exhibit is headed to the First Floor Gallery at City Hall. Watch these stories and more on tonight's edition of SCV NewsBreak.
SCV NewsBreak for Thursday, February 23, 2017
State Superintendent of Public Instruction Tom Torlakson announced that annual Advanced Placement® (AP) results released today show that the number of California public high school graduates taking and demonstrating success in AP courses continues to climb.
California AP Students Test Scores Continue to Improve
Santa Clarita Water (SCWD), a division of Castaic Lake Water Agency (CLWA), received the Distinguished Budget Presentation Award presented by the Government Finance Officers Association (GFOA) of the United States and Canada and the California Society of Municipal Finance Officers (CSMFO) Operating Budget Excellence Award for its FY 2016/17 Budget.
SCWD Earns Distinguished Budget Presentation Award
Hosted by Agua Dulce Town Council/Acton Town Council/Pacific Legal Foundation Community Meeting: Private Property and Water Rights
March 2: Agua Dulce, Acton Leaders Host Meeting About Water Rights
Los Angeles County Registrar-Recorder/County Clerk (RR/CC) Dean C. Logan reminds L.A. County voters to request a Vote by Mail ballot by Tuesday, February 28th for the March 7th Election.
Feb. 28: Deadline to Request Vote by Mail Ballots
A public reception celebrating the art exhibit “It’s All in the Numbers,” will be held in the First Floor Gallery at City Hall on Saturday, March 4 from 6:00 p.m. to 8:00 p.m. Residents are invited to join the Santa Clarita City Council, City of Santa Clarita’s Arts Commission and Arts and Events division for light appetizers, entertainment and a chance to mingle with the artists. The First Floor Gallery at City Hall is located at 23920 Valencia Boulevard.
March 4: City Art Exhibit ‘It’s All in the Numbers’ Opens
Oswaldo Rafael Cabrera, owner and operator of immigration services business Coalicion Latinoamericana Internacional (CLI), was sentenced to prison for five years and two months for defrauding immigrants.
Fake Immigration Attorney gets Five-Year Prison Sentence Following DCBA, A.G. Investigation
Spring is in the air at the Henry Mayo Newhall Hospital Gift Shop. The Santa Clarita Valley community is invited to attend a Spring Boutique on Tuesday, March 7, 9 a.m. to 6 p.m., in front of the main hospital building entrance, 23845 McBean Parkway, Valencia.
March 7: Spring Boutique Blooms at Henry Mayo Gift Shop on March 7
On February 23, 2017, at the conclusion of the Board of Equalization (BOE) February Board Hearing in Culver City, Member Diane Harkey became the new Chairwoman and Member George Runner became Vice Chair.
Harkey to Chair CA State Tax Board & Join Franchise Tax Board
President Donald Trump’s Executive Order 13769 — which limits entry to the United States for all refugees and individuals from seven predominantly Muslim countries — has been legally challenged. What does this mean for the U.S., its citizens and visitors to the country, including students?
CSUN Panel to Explore President Trump’s ‘Muslim Ban’
Santa Clarita Water (SCWD), a division of Castaic Lake Water Agency (CLWA), received the Distinguished Budget Presentation Award presented by the Government Finance Officers Association (GFOA) of the United States and Canada and the California Society of Municipal Finance Officers (CSMFO) Operating Budget Excellence Award for its FY 2016/17 Budget.
Santa Clarita Water Receives GFOA Distinguished Budget Presentation Award
In a continued effort to reduce college costs, College of the Canyons will launch the First Year Promise (FYP) program, a pathway that will provide increased opportunities for new full-time college students to achieve their educational goals, through a $667,000 grant from the California Community Colleges Chancellor’s Office (CCCCO).
COC Receives $667,000 Grant to Cut Students’ College Costs
Thursday, Senate leadership unveiled the Preserve California legislative package to insulate the state from dangerous rollbacks in federal environmental regulations and public health protections.
State Lawmakers Pushing Environmental, Whistleblower Protections
There is no way you can provide the balanced diet the animals will find in the wild, so do not try to feed any wildlife - even if they look sooo cute.
Animal Rescuing | Commentary by Evelyne Vandersande
1998 - Worst day of record-setting 1997-98 El Nino storm season [story]
Tonight on SCV NewsBreak, L.A County Fire Air Ops rescued a stranded hiker Wednesday morning . Plus, have you seen Katy Perry's newest music video? You might notice a familiar place. Watch these stories and more on tonight's edition of SCV NewsBreak.
SCV NewsBreak for Wednesday, February 22, 2017
Fifth graders from Castaic Elementary School, Live Oak Elementary, Germain Charter Academy, Plum Canyon Elementary, and Dr. J. Michael McGrath Elementary are attending the Blue Ribbon Children's Festival at the Music Center/Performing Arts Center of Los Angeles County.
Fifth Graders from SCV Schools Heading to Blue Ribbon Children’s Festival
Los Angeles County Fire Department Air Operations located and rescued an adult male trapped on a cliff in Placerita Canyon Natural Area late in the night on Wednesday.
Man Rescued in Placerita Canyon Natural Area
The Saugus Union School District Measure EE Committee meeting is scheduled for Thursday, Feb. 23, 2017 at 6 p.m. in the Caulfield Room at the SUSD District Office. Agenda topics include approval of minutes, a hearing session and a Measure EE update from staff.
Feb. 23: SUSD Measure EE Oversight Meeting