Today I want to give a summary of the foster care case happening out in California involving a family from Grace Church and the ICWA (Indian Child Welfare Act). I—along with many other pastors—have encouraged people to sign a petition about this case, so I think it requires some more explanation, and then I will close with seven recommended posts to read on the ICWA and Lexi.
The gist of the story: Lexi, a six-year-old girl in Los Angeles who had been in foster care since she was seventeen-months old, was placed with a family from Grace Church (where John MacArthur pastors) for the last four years. The family, the Pages, began the process of adopting Lexi after her biological parents both ceased reunification efforts.
In a typial foster-adopt situation, here is what happens: the court would appoint the child an attorney/advocate, who would meet with her, meet with the foster-adopt parents, and meet with any other extended family who want to pursue adoption. The child’s advocate then makes a recommendation to the court based on what would be in the child’s best interest and the court gives its verdict.
But because Lexi is Native American (she is 1/64 Choctaw), the LA County Department of Family and Children’s Services did not follow this approach. Because of the ICWA—a federal law which mandates that in the adoption proceedings of a Native American child that the Indian Tribe get the final say in their placement—the LA County DFCS moved to block the adoption in court, and remove Lexi to extended family in Utah.
Three different times trial courts cited the ICWA and sided with DFCS in wanting Lexi moved to Utah, but the first two times the court was reversed on appeal. The third decision is being appealed now, but while the appeal was pending, DFCS transferred Lexi to Utah.
Now if this were just about one girl, one family, and one church, I probably wouldn’t be blogging on it. But there are several elements of this case that intersect a biblical world view, so I want to address them here. Continue Reading…