ILNews

COA: Adoption petition should remain in Superior Court

Back to TopCommentsE-mailPrintBookmark and Share

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.


 

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

ADVERTISEMENT