A 6-year-old girl was removed from her longtime foster family in Santa Clarita, California, on Monday after a court found her Native American heritage required her to be placed with relatives in Utah. Rusty and Summer Page fought to gain custody of Lexi, who is 1.56 percent Choctaw Native American. However, her small percent of Native American heritage means the Indian Child Welfare Act of 1978 dictates her placement. A court found that the couple “had not proven by clear and convincing evidence that it was a certainty the child would suffer emotional harm by the transfer.” The Pages, who have three children, are planning to appeal the court order, their lawyer said. The girl wil live with her sister and a Utah couple who are not Native American but are related by marriage to her father. A second sister will be living down the street.
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