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In adoption case with no winners, SC offers suggestions to avoid similar situations

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In reversing the adoption that could remove fraternal twins from the only family they have ever known, the Indiana Supreme Court noted the situation might have been avoided if more than “just the bare minimum” had been done.

The Supreme Court ordered the trial court to vacate the adoption decree and reset the adoption petition for a contested hearing as part of the high court’s ruling in In Re the Matter of the Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M., 37S03-1303-AD-159.

“There are no winners in some cases, and this is one of them,” Justice Loretta Rush wrote for the court. “Ruling in favor of the Adoptive Parents would violate the Natural Mother’s constitutional rights, while the opposite ruling would risk pulling the Twins away from the family they have lived with for most of their lives, and the only stable family they have ever known. But despite the Twins’ need for permanency, natural parents’ consent is a vital condition precedent to most adoptions – and we must take a narrow view of the exceptions to the principle, out of due regard for the limitations of judicial power into family life, even for very imperfect families.”

Two years after the twins, C.B.M. and C.R.M. were removed from their mother’s home in January 2006, the court granted a termination of parental rights petition. The mother appealed, but while the appeal was pending, the foster parents petitioned to adopt the twins.

During the adoption, the mother was given no notification of the proceedings because Indiana statute does not require the notice be sent to a parent whose rights have been terminated.

Two months after the adoption was finalized, the Indiana Court of Appeals reversed the termination judgment against the mother. It subsequently voided the adoption decree on the grounds that by consenting to the adoption and not giving the mother notice, the Indiana Department of Child Services acted “arbitrarily and capriciously” which deprived the mother of her due process right to meaningful appeal of the termination order.

The Supreme Court reached the same conclusion as the Court of Appeals but for a different reason. Here, the court found because the adoption was based solely on the termination judgment, the mother became entitled to having the adoption voided under Trial Rule 60(B)(7) when the TPR judgment was vacated.

“Since the only judicial determination that Natural Mother is unfit to retain her parental rights has been overturned on appeal, letting the adoption stand would be an overreach of State power into family integrity,” Rush wrote. “The adoption must be set aside.”

The Supreme Court then offered suggestions for avoiding a repeat of this situation.

In particular, the court said even though the foster parents were not obligated under Indiana law to notify the mother of the adoption, doing so voluntarily may well have prevented the adoption from being reversed. The mother would have at least been given the opportunity to appear in court and be heard. If she failed to appear, she then would have been properly defaulted.

Also, the Supreme Court chided the Indiana Department of Child Services for not keeping the underlying CHINS case open while the mother’s termination appeal was pending. Now, no means of support can be provided to the parties while the court reexamines the twins’ status.

“We strongly suggest that in the future, DCS’s best practice would be to leave underlying CHINS cases open until any related TPR appeal is complete,” Rush wrote.


 

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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