“Common Misconceptions” vs Court Documents in the Lexi case

So I haven’t been about awhile, real life has DEFINITELY kicked in of late.   But the case for Lexi has come back from the court of appeals with a set of documents even more damning for the foster parents then the earlier court of appeals.

Newest Court of Appeals Document

For those that had not seen it – the newest case is right here – and it’s a doozy with much more information then the previous case, where several supporters are even aghast with how much had been left out.

I don’t know if Jessica Munday is at least directing this public relations campaign from behind the scenes but the similarities between the campaign on both this and Sonya’s case are pretty striking.   Combine this with the fact that both she and Johnston Moore (who is an admin on the Save Lexi page) are both involved in CAMI, it’s a pretty good bet.

Currently on the Save Our Lexi webpage there are a set of distinct “Common Misconceptions” and I thought I’d go through a few of them in comparison with the court documents – although according to them, the court documents lie about everything.

So the first thing they wanted to address is that the Page’s were not authorized to be an adoptive placement.

Adoptive Placement

So let’s start talking about how the Utah family was supposed to be the adoptive family from the get go.

Firstly there is the bit they quoted from both Court of Appeal documents:

“At some point after father’s reunification efforts failed, the P.s decided they wanted to adopt Alexandria. They discussed the issue with the Department social worker, who advised them that the tribe had selected the R.s as the planned adoptive placement.”

It goes farther then this though.   California has its OWN version of the Indian Child Welfare Act which strengthens the Federal standards.   So under California state law, still Lexi would have gone to her relatives.

All of the bits within this full code are here – including parts of the state law that the website has omitted – but it does walk through exactly how things work for an Indian child.

In addition, California law mirrors ICWA in the idea that family comes first – if there is no other options THEN an unrelated adoption can occur.  This was obviously not the case here.

Furthermore, a court order to stay the transfer does NOT mean that the child was adoptable – what it DOES mean is that the courts were going to take the time to see what they had to say.   They have heard it, and multiple times it has been denied.   So that argument is moot.

Lexi’s siblings are the next point.

Beyond all the back and forth about the subject of her siblings (Including Lori McGill’s “There is no evidence that her siblings are with her”) – they have put this tasty tidbit on their page.

siblings

Stop right here.

The latest court of appeals documents contradict this in the largest possible way.

“The R.s have an ongoing relationship with Alexandria’s half-sister, Anna, who visits the R.s on holidays and for a week or two during the summer. Anna and Alexandria have the same paternal grandmother (who has since passed away) and step-grandfather, and the step-grandfather has designated the R.s to care for Anna if he should become unable to care for Anna.”  (Page 10)

“The R.s would usually include Alexandria’s older half-sister, Anna, in the visits. Alexandria first met Anna during a July 2013 visit, when Anna was about 12 years old. Anna lived with the R.s for a time, but by September 2015, she had moved down the street from the R.s. Alexandria’s younger half-sister Kayla was born in March 2015, and was being cared for by R.s. Alexandria responded to Kayla positively during  Alexandria’s first overnight visit with the R.s in April 2015. On a visit to Utah, Alexandria left Post-its around the house, including one on Kayla’s swing, because she did not want her sister to forget her.”  (Page 13-14)

“A social worker traveled with her, observed her transition to the R.s, and reported that Alexandria was excited about the visit and appeared to be comfortable in the R. home. On the return trip, Alexandria told the social worker she had a great time and would like to visit her sister and the R.s again. The P.s felt that Alexandria was too young for overnight visits, noting that they would not let their son of the same age stay with someone overnight. ” (Page 14)

“Alexandria had been able to form meaningful and affectionate collateral attachments to the R.s and her half-sisters, Anna and Kayla. Doi Fick noted that if Alexandria were to lose her strong sibling relationship with Anna, it would shake her sense of identity. Both Doi Fick and Alexandria’s therapist Wejbe felt the R.s would be supportive of a continued relationship between Alexandria and the P.s. Both also expressed concern that the P. family would be unable to support a continuing relationship between Alexandria and the R.s and her half-sisters, Anna and Kayla.” (Page 29)

That statement is a large lie in this case – Anna and Kayla are close to Lexi and the concern with the expert that the Page’s agreed upon is that the Page’s were NOT going to support a continued relationship with the sisters.   Based on other things brought up in the Court of Appeals document I think this is a valid point.

Media

So let’s start with the court document from the latest court of appeals.

“The court ordered Alexandria to be placed with the R.s and imposed a seven-day stay, after which Alexandria would be moved without a transition plan.

The P.s filed a notice of appeal, and also sought another writ of supersedeas to stay Alexandria’s transfer. We denied the writ petition on March 18, 2016.”

Based on the way that they kept calling protesters to the house, I somehow doubt that there would have been any way that a private transaction would have taken place.

Calling Troy Dunn?   NOT protecting Lexi.   Calling the media?   Calling protesters?   Not protecting her.

So get off that high horse now.   I would say that they POSSIBLY didn’t realize that DCFS would do it but I also don’t think that DCFS had many options.

I’ll go into the other issues later but I’d also like to address the concept that Summer is native and therefore would be suited to teaching Lexi about her culture.

This is all from the court of appeals documents:

“The P.s have described efforts they made to incorporate Native American culture into their lives. Summer P. has Southern Tuscarora heritage, but the tribe is not enrolling new members and is not a federally recognized tribe. They have painted one wall of their kitchen “Navajo Blue,” and are members of the Autry Museum, participating in Native American arts and crafts activities. They attend an annual pow-wow, and shortly before the September 2015 good cause hearing, Summer and Alexandria attending a sage burning ceremony. However, Summer declined to participate in a part of the activity, and did not encourage Alexandria to participate.”

In addition:

“Those other factors include Alexandria’s relationship with her extended family and half-siblings; the capacity of her extended family to maintain and develop her sense of self-identity, including her cultural identity and connection to the Choctaw tribal culture; and the P.s’ relative reluctance or resistance to foster Alexandria’s relationship with her extended family or encourage exploration of and exposure to her Choctaw cultural identity.”

And:

“After remand, the case was assigned to Judge Trendacosta, who ordered individual therapy for Alexandria in December 2014.8 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.”

The court papers show a child who loved her extended family and was willing to go with them and also showed a foster family unwilling to literally foster this bond.

I’ll go more into it later, but this post is long enough.

 

The Case of Baby A (AKA Save Lexi)

l am sorry I haven’t been around for a bit, stories had calmed down in the news, the Hodgins gave up their fight for Sonya and I wanted to make sure that she had the peace she deserves.   As I have heard nothing about her, I’m going to assume that she is living the life of a typical child with her family outside the limelight.

Congratulations Sonya!

Then the wagons started to circle around another case and as the names (Lori Alvino McGill being one of them and Johnston Moore being another) seemed familiar I went to look for it.

THEN as something else seemed familiar, I looked back a few years.

Choctaw Father Thwarted by Foster Couple

This was the story that had come up.  I remembered this story and reread the facts and then went to the Court of Appeals documentation right here.   Bear in mind that the story referenced above was from 2014 so that has been going on for at LEAST the two years that the public relations people are talking about.

The claim is that she was placed in the home and now she’s going to family she doesn’t know and is being pulled from the only home she has ever known.  In fact, it is so cruel that they couldn’t tell her she was leaving.   Or their other children that she was leaving.   (I have a VERY difficult time believing this and I’ll show you why)

First myth to bust is that the Choctaw nation just now stepped up to address issues with the child.   The Choctaw knew of this case from the get go.   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.”

and

“After reunification efforts failed, the father, the tribe, and the Department of Children and Family Services (Department) recommended that the girl be placed in Utah with a non-Indian couple who are extended family of the father.”

This was within a year.   The Pages were at no time pre adoptive parents nor was adoption in the cards for them.   To further prove this, I give you the following statement from the COA document.   “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.”

Does this sound like a family that just showed up out of nowhere?   Does this sound like the situation should have been a shock to them?   The system was working as it was supposed to do.    When reunification failed (for a multitude of reasons) then the child was to be placed with a tribal approved extended family member in Utah who were more then willing to take on the child.

In addition as also stated in the Court documents:  “The Department consistently reminded the P.s that Alexandria is an Indian child subject to the ICWA placement preferences. At some point after father’s reunification efforts failed, the P.s decided they wanted to adopt Alexandria. They discussed the issue with the Department social worker, who advised them that the tribe had selected the R.s as the planned adoptive placement.”

Now lest you say “but they were strangers to her,” this is also stated in the court documents, “The R.s expressed their interest in adopting Alexandria as early as October 2011. They were initially told that to avoid confusing Alexandria, they should not contact her while father attempted to reunify. If reunification efforts failed, they were the tribe’s first choice for adoption. The family has approval for Alexandria to be placed with them under the Interstate Compact on the Placement of Children (ICPC). The R.s first visited Alexandria shortly after the court terminated father’s reunification services. Since then, they video chat with Alexandria about twice a week and have had multiple in-person visits in Los Angeles. The P.s refer to the R.s as family from Utah. At one point, when Alexandria asked if she was going to Utah, the P.s responded that they did not know for sure, but it was possible.” – so no, her family has not been a stranger to her and there have been visits even through all of the upheaval that the Page’s have put her through.   Granted, at the time what was also testified was:  “Russell and Summer P. testified that before and following a recent visit by the R.s, most likely in June 2013, Alexandria was upset and said she did not want to visit with the R.s and did not like it when they came to visit. Russell P. acknowledged that the change in Alexandria’s feelings coincided with the birth of a new baby in the P. family and a transition to a new therapist for Alexandria.”   (All of this took place when she was three and she has had visits and Skype calls ever since.)

Does this sound like a situation where the foster parents did not know what was going to happen or how the system was supposed to work?

The transition was supposed to take place in April 2013 and was agreed upon by ALL parties as stated in the COA document, “As ordered by the court on April 12, 2013, the Department arranged a conference call to discuss a transition plan in anticipation of a possible court order directing placement with the R.s. The call lasted 90 minutes and included the P.s in Los Angeles; the R.s from Utah; Ruth Polcino, Alexandria’s therapist at United American Indian Involvement; Polcino’s supervisor, Jennifer Lingenfelter; Alexandria’s attorney, Kerri Anderson; Department social worker Roberta Javier, as well as two other Department employees. The participants agreed on a transition plan that involved a relatively short transition, with both families meeting for breakfast or at a park, explaining to Alexandria that she is going to with the R.s, who are family who love Alexandria very much and will take good care of her. The P.s would reassure Alexandria that they love her and will always be a part of her family.”    This is why I don’t believe that the courts told them to hide the truth from this child.   Because these plans were put in place all the way back in 2013.

From there, the foster parents have kept this in court up until now.   And now they are calling out that this is the “Only home she has ever known” and implying to the media that she is going to perfect strangers that will traumatize her forever.

From there, the comments have been fast and fierce and like in the Veronica case some of the most racist are coming out of the woodwork.

What is more disturbing was the handover yesterday.   Troy Dunn and MULTIPLES of television cameras and protesters all around the family.   Johnston Moore (who I referred to in previous entries – An Open Letter to Focus On the Family and iCareAboutOrphans Regarding Orphan Care and Multiple Organizations: One Purpose as two of them is the Save Lexi moderator and has further pulled me away from any support of Focus on the Family until they cut all ties with him.   He put out the home address on Facebook and encourage protesters to come to the home of this foster child.

Troy Dunn – referred to on a previous occasion – And Now Troy Dunn? – has also inserted himself into several other cases.   He was told to stop filming and that it was illegal and yet he continues to do it.

THEN on a hunch I did a search.   There is a website in process – yesterday I didn’t get screenshots but here it is today now that they have a horrific handover picture for the banner (similar to the Save Veronica Rose site)

Here is the start of it.

saveourlexi

Like I said, they did at least get a good shot here.   And they didn’t put her face up but that is still a foster child who is supposed to be protected UNDER THE LAW.   Her privacy is supposed to be sacred.

A little whois search on godaddy revealed some answers but brought more questions.

saveourlexiinfo

I whited out the phone numbers but I didn’t the address because here is the super strange thing about that address.   (and the registration date on it was Sunday March 20, 2016)   This address goes not to an office building but to a virtual office building.

Executive Suites in Oklahoma City – also this is where Kendall Sykes has an office on the same block.   Nothing about this organization at all.

Who is funding this?   Can someone bring that up because I’m getting a strong sense of deja vu.   Also no sign of whoever this Heather Parker is.   It’s odd.

Whether or not Jessica Munday is involved is waiting to be seen but with all the other players including Lisa Morris (You Will Know Them By Their Fruits: Why I Don’t Believe the CAICW is a Christian Organization) as well as several others, I am not surprised if she helped to orchestrate some of this but no proof.

And then, the person who is speaking for the child’s best interest according to herself?   Lori Alvino McGill – Lori Alvino McGill – A “Rising Star” Falling Rapidly – the woman who herself drunk posted a link accusing Dusten Brown of using several names and calling both Veronica and her older sister “illegitimate spawn”.

At this point, thankfully this child is on her way back to Utah with her family.    Unfortunately though, the trauma she experienced with the way that the foster parents and others chose to handle this transition is problematic.   Whether or not the foster parents are being used or decided to go ahead and choose to ally themselves with the forces that they did, it is not something I feel good about.

Save Lexi?   Save our Lexi?   After the display yesterday and seeing how that transition was handled I’m not sure that she needs to be saved from her family.   Because that video was horrendous.    If these foster parents still keep their resource license when this is over I really really want to know why.

Lori Alvino McGill – A “Rising Star” Falling Rapidly

Standing Our Ground for Children posted a story yesterday – Another Foster Care Case where the foster family is claiming that they have more rights than a child’s natural family.

This case also involves ICWA, the Indian Child Welfare Act, a law designed to protect native families from illegal adoptions and from being ripped away from their homes and cultures.      Under ICWA, a child deemed an “Indian Child”, namely “any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe” (25 U.S.C. § 1903) is required to have relative placement status automatically and should be placed with native foster parents if that is unavailable.   Only after these things are ruled out should they be left with a white family.

National Indian Child Welfare Association’s FAQ – is here for more information.

Similar to Sonya’s case, these parents are trying to adopt without DCS consent.    The father has been trying to get his child back even after a stint in jail.   Also similar to Sonya’s case there has never been an issue with the father.    In fact, people leave him glowing reviews about his parenting skills.

But due to the fact that he had no family in the area, California did not follow the preferred placement portion of ICWA.       Social Services kept adding more and more requirements until he had enough and requested that his child be sent to Utah under ICWA’s preferred placement.

Done and DONE.   Or it should’ve been.    The child should be raised in his/her own culture with his/her relatives.

And now we bring in another name familiar to another unethical adoption case, Lori Alvino McGill.   The attorney appointed for Christina Maldonado.    She is considered a “shining star” among DC Attorneys and frankly is the most unprofessional of “shining stars” that I think I’ve seen on social media in a long time.

Among other things one night, she spent a lot of time on the Standing Our Ground site telling all of the supporters of Dusten Brown about what horrible scum they were supporting.

In addition, she called Veronica and her sister illegitimate spawn on these late night possibly drunken postings.

LoriMcGill

Lifting the Veil Blogpost – has another gem of a quote in here, showing what interest McGill acts in, “ICWA tells a single unmarried woman who wishes to choose adoptive parents for her unborn child—a choice that would be respected under her State’s laws—that she must either terminate her pregnancy, raise the child herself, or surrender her child to a Tribe that is a total stranger to her and to the unborn child.”  (this incidentally is debunked, read the article, it’s very informative about ICWA and Indian heritage.)

Also from the Baby Veronica era, McGill decided that she was going to contact bloggers in a very unprofessional manner to get them to change their mind.

Incidentally, this is because more and more people were standing against the Capobianco’s and Christina Maldonado.   In fact, the last story from The Today Show where the Capobianco family was crying for the cameras, the majority of the comments were AGAINST rather than for the Capobiancos, proving that this was not just about ICWA but about father’s rights as well.

http://www.adoption-truth.com/2013/08/to-lori-alvino-mcgill.html

http://www.adoption-truth.com/2013/08/to-lori-alvino-mcgill-part-two.html

Keep in mind, she claimed to speak for Christina Maldonado AND for Veronica’s best interest.   And she spends her late night time slamming Dusten on Facebook and spreading more lies.   (Back to Brad Caricofe on that one)

Two of those screenshots are posted here.

http://indiancountrytodaymedianetwork.com/2013/08/12/selling-christy-maldonado-150831

The current rumor is that she was totally drunk while doing it.

The foster parents in this Choctaw case?

They are Christian, or at least they claim to be – they go to http://www.gracechurch.org/ with an active adoption focus.
So why are they deliberately working to make a child fatherless in the name of caring for the fatherless?   Why are they actively working on keeping this child from his or her family?

And why are they pairing with an attorney with a history of lying and unprofessional behavior to get what she wants?

More questions that I will hopefully push more later.