COA: Adoption petition should remain in Superior Court

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The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.

“Here, we are presented with exactly the same issue the Pera Court addressed: whether Lake County’s local rule, i.e. the Caseload Allocation Plan, trumps a statute, i.e. Indiana Code section 31-19-1-2, which provides that probate courts have exclusive jurisdiction over adoption matters,” Judge Paul Mathias wrote.

N.E. sought to adopt J.T.D. and J.S., who are her cousin’s children. She attempted to intervene in the termination of parental rights proceedings pending in juvenile court, but was denied. She then filed her petition to adopt in Lake Superior Court, which holds probate jurisdiction in its civil division.

The Department of Child Services, which had custody of the children, wanted N.E.’s petition transferred to juvenile court pursuant to the Lake County Case Allocation Plan. Lake Superior Court denied the motions, leading to this interlocutory appeal.

In State ex re. Commons v. Pera, 987 N.E.2d 1074, 1078 (Ind. 2013), the Indiana Supreme Court blocked Judge Nicholas Schiralli’s transfer to Lake Superior Juvenile Court after Mary Beth Bonaventura left to head DCS. His reassignment was in accord with a local court rule promulgated in the caseload allocation plan at issue in this appeal.

“The DCS places undue emphasis on the fact that our supreme court approved the Caseload Allocation Plan. The Pera Court rejected this same argument and observed that the Caseload Allocation Plan is not a rule promulgated by the supreme court,” Mathias pointed out.

“Our General Assembly has statutorily conferred jurisdiction of adoption proceedings exclusively to probate courts. In Lake County, the Civil Division has probate jurisdiction, and therefore, exclusive subject matter jurisdiction over adoption proceedings. DCS may not rely on local court rule, i.e. the Caseload Allocation Plan, to circumvent the Lake County Civil Division’s exclusive subject matter jurisdiction over adoption proceedings,” Mathias wrote.

The case is In re the Adoption of: J.T.D. & J.S. (Minor Children), Children to be Adopted, and N.E. (Prospective Adoptive Parent) v. Indiana Department of Child Services, 45A03-1308-AD-310.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...