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Justices vacate adoption decree

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The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.

Mother A.B. appealed the grant of adoption of her son L.D. to the boy’s paternal grandparents. When L.D. was born, mother was incarcerated and mother’s co-worker N.E. was appointed his guardian. N.E. adopted A.B. after L.D. was born and became his maternal grandmother. Eventually the paternal grandparents filed an adoption petition and asked the court to terminate N.E.’s rights to parenting time.

Neither N.E. nor A.B. was aware the paternal grandparents had filed the adoption petition. After the adoption was granted, they appealed. At issue in the instant case is whether mother A.B. had been given the notice the law required. The trial court denied her Indiana Trial Rule 60(B) request, holding that publication in an Indianapolis newspaper had been adequate with respect to A.B. The notice was placed in a newspaper geared toward the African-American community. None of the parties in the case is African-American.

In Adoption of L.D.; A.B. and N.E. v. Jo.D. and Ja.D., No. 49S02-1006-CV-330, the justices reversed, finding A.B. did not receive adequate notice as required by law. They cited several cases that explained that service by publication is inadequate when a diligent effort hasn’t been made to find a party.

The paternal grandparents and their attorney didn’t perform a diligent search required by the Due Process Clause, wrote Justice Frank Sullivan.

“Here, although Paternal Grandparents had successfully given notice to Mother at N.E.’s address on previous occasions, they made no attempt to do so here,” he wrote. “Viewing the evidence most favorably to them, they made only the most obtuse and ambiguous attempt to ask N.E. about Mother’s whereabouts. They affirmatively concealed from N.E. the very fact that they were filing an adoption petition even though the most minimal diligence to find Mother would have involved N.E. One need look no further than the fact that N.E. and Mother filed their motion in court less than two weeks after Paternal Grandparents told N.E. that the adoption had been granted to see how little effort would have been required for Paternal Grandparents to find Mother had they involved N.E.”

The justices remanded with directions to grant A.B.’s Trial Rule 60(B) motion.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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