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COA rules natural parents’ consent unnecessary in adoption

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Once a trial court found a child’s natural parents to be unfit, the court did not need to revisit that finding at an adoption hearing, the Indiana Court of Appeals has ruled.

The mother and father of J.M. lost custody of her and the mother’s three older children after the Indiana Department of Child Services removed the minors to foster care because of the natural parents’ continued alcohol and drug abuse, along with incidents of domestic violence.

Eventually, the paternal grandparents filed a petition for guardianship of J.M. and the natural parents consented. However, the foster parents objected to the grandparents’ petition and filed a petition to adopt J.M. The grandparents followed with a competing petition of adoption.

 After a consent hearing, the trial court determined the natural parents were unfit and their consent was unnecessary.

Proceeding to the adoption hearing, the trial court granted the foster parents’ petition for adoption.

The natural parents appealed the court’s decision that their consent was unnecessary.

In In the Matter of the Adoption of J.M.: J.P. and J.M. v. R.H. and R.H., 82A01-1309-AD-404, the Court of Appeals affirmed the judgment of the trial court.

The Court of Appeals rejected the natural parents’ argument that the trial court erred when it did not consider their fitness at the time of the consent and adoption hearings. Pointing to the mother’s and father’s continued difficulty with alcohol and lack of insight on the negative effects that alcohol has had on their lives, the COA panel found the trial court did not err by concluding they were unfit at the consent hearing.

“As for the adoption hearing, the Natural Parents’ argument that the trial court should have reevaluated their fitness at that time is merely a request for a second bite at the proverbial apple,” Judge John Baker wrote for the court. “Once the trial court concluded that the Natural Parents were unfit at the consent hearing, as stated above, the effect was the termination of their parental rights.”

 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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