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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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