ILNews

COA rules trial court should have allowed DCS to withdraw adoption consent

Back to TopCommentsE-mailPrintBookmark and Share

The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.

The court on Tuesday ruled that Jackson Circuit judge William E. Vance erred in not allowing DCS to withdraw its consent for the foster parents to adopt in In the Matter of the Adoption of N.W.R.; M.R. v. R.B. and R.B., and Indiana Dept. of Child Services, 36A01-1109-AD-407. The appellate panel ordered the trial court to reconsider evidence after DCS completes an investigation of the child’s aunt, M.R., as a potential adoptive parent.

N.W.R., a 2-year-old boy, was determined to be a child in need of services less than three weeks after his birth. He was placed with foster parents R.B. and R.B., unbeknownst to the child’s aunt, M.R., with whom N.W.R.’s three siblings, ages 3, 4 and 5, had been placed.

M.R. requested the child be placed with her, court records show, but DCS told her that her East Chicago home was too far away and conflicted with the child’s permanency plan goal of reunification with biological parents.

As the aunt persisted, she was granted visitation rights that increased over time. But before N.W.R’s first birthday, the biological parents’ rights were terminated, and the court ultimately granted the foster parents’ adoption petition, in the course of which it denied DCS’s motion to withdraw its consent.

The appellate panel instructed the trial court to “review the evidence de novo to determine which adoptive placement is in the best interests of the child, giving due consideration to the evidence showing that these siblings should be placed together. The court shall not consider the passage of time or maintenance of the status quo dispositive.”

The unanimous opinion written by Judge Edward Najam Jr. said that when DCS informed the court of its desire to withdraw consent because it had not carried out its obligations to determine placement in the child’s best interest, the court had an obligation to allow the withdrawal of consent.

“DCS had the integrity to declare on its own initiative that it had failed to meet its statutory duty. And this notice by DCS that its investigation was incomplete went directly to the heart of the adoption because it is the court’s responsibility to determine the best interests of the child based upon a full investigation of credible placement alternatives,” Najam wrote. “The court’s ruling against DCS’ motion to withdraw its consent affected the substantial rights of the parties and was not harmless.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT