ILNews

COA: Court lacked personal jurisdiction

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court's denial of a biological mother's motion to set aside an adoption decree because the court lacked personal jurisdiction over her and her due process rights were violated.

In In the matter of the adoption of D.C.; H.R. v. R.C., No. 22A01-0709-CV-425, the appellate court ruled the adoptive mother, R.C., did not do everything she could to contact H.R., the biological mother, about R.C.'s petition to adopt D.C. R.C., who married D.C.'s biological father, argued that even though she hadn't complied with Indiana Trial Rules when sending H.R. notice of the adoption proceedings, H.R. is barred from challenging the adoption decree pursuant to Indiana Code Section 31-19-14-4.

The Court of Appeals found that Floyd Circuit Court lacked personal jurisdiction over H.R. in the case because R.C. didn't comply with Indiana Trial Rules, which require a service made to a person through the mail be accompanied by a return receipt showing receipt of the letter. H.R. never received R.C.'s certified mail regarding the adoption proceedings; she didn't find out about the adoption until nearly two years later.

The appellate court also ruled I.C. Section 31-19-14-4 creates an unconstitutional due process violation in this case because the biological mother had the right to make decisions regarding the custody of her child.

The court also questioned whether the Indiana General Assembly anticipated the scenario of this case when they enacted this section of the code because the plain language provides that a person whose parental rights are terminated may not file an untimely challenge to an adoption decree even if the putative father didn't receive notice or if the proceedings were in any other manner defective, wrote Judge Cale Bradford.

The Court of Appeals remanded the matter for a hearing on the merits of R.C.'s adoption petition.
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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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