Adoption

Court of Appeals finds no standing post-adoption, suggests legislative remedy

February 25, 2015
Dave Stafford
An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.
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Appeals court strips grandmother’s visitation, cites grandchild’s adoption

February 6, 2015
Dave Stafford
An Indiana Court of Appeals panel Friday stripped a maternal grandparent of visitation rights, finding she had no standing to seek visitation. The parents of the child had divorced, and the father remarried shortly after the mother’s death.
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Bill to open adoption records moves forward

January 28, 2015
Dave Stafford
Indiana has nothing to fear from abandoning long-established practice and following the lead of numerous states in order to allow some 350,000 adopted Hoosiers access to their birth records, a leading national advocate said.
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Bill opening birth records passes Senate

January 23, 2015
Dave Stafford
The Indiana Senate Thursday approved a bill that would open birth records to some 350,000 Hoosiers adopted between 1941 and 1993.
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Senate panel advances bill to open adoption records

January 14, 2015
Dave Stafford
Advocates of opening Indiana’s adoption records won an emotional first round Wednesday as a Senate panel advanced legislation that for the first time would open birth records of hundreds of thousands of Hoosiers.
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Ruling extends standing in adoption cases to those with ‘lawful custody’

January 14, 2015
Dave Stafford
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases.
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Justices vacate adoption by stepdad in win for grandparents

December 23, 2014
Dave Stafford
The Indiana Supreme Court on Tuesday stripped the adoption of a child by her stepfather, ruling that maternal grandparents who had been primary caregivers early in her life were wrongly denied an opportunity to consent to or contest the adoption.
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Justices order adoption petitions moved to juvenile division based on local rule

December 5, 2014
Jennifer Nelson
The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.
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Adoption case presents issues of first impression

November 19, 2014
Dave Stafford
Adoption laws are evolving, as evidenced by a case before the Indiana Supreme Court and a separate push for a pre-birth abandonment bill aimed at biological fathers who don’t support their baby’s mother during pregnancy.
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Delay of protection order hearing called ‘disturbing’

November 17, 2014
Marilyn Odendahl
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
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Governor declares November Adoption Awareness Month

November 10, 2014
IL Staff
Gov. Mike Pence has issued a proclamation declaring November as Adoption Awareness Month in Indiana.
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Children should remain in home despite grandmother’s felony conviction

October 28, 2014
Jennifer Nelson
The Indiana Court of Appeals found I.C. 31-19-11-1(c) to be unconstitutional as applied and upheld the adoption of two boys by their maternal grandmother. The judges held that her 1997 felony conviction for neglect of a dependent should not automatically bar her from adopting the children.
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COA: Court must rule on incarcerated father’s request for counsel

October 27, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the adoption of a child by the maternal grandparents after finding the trial court violated the father’s due process rights when it did not rule on his request for counsel.
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Rush OKs media coverage for National Adoption Day

October 16, 2014
IL Staff
Indiana Chief Justice Loretta Rush has approved still photography, video and audio coverage of uncontested adoption proceedings in honor of National Adoption Day Nov. 22.
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Court: Father’s failure to timely register implies consent to adoption

September 26, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
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Justices affirm adoption despite father’s untimely appeal

September 25, 2014
Jennifer Nelson
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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DCS settles adoption subsidy lawsuit

September 18, 2014
IL Staff
Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.
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COA affirms child should be raised with half-siblings

August 19, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the petition to adopt a child by a couple who have already adopted her half-siblings. Although the couple temporarily dropped their petition to adopt, the judges agreed it is in the child’s best interests to be raised with her siblings.
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DCS to fund state subsidies for adoptions from foster care

August 13, 2014
Dave Stafford
The Department of Child Services will fund state subsidies for children adopted from foster care for the fiscal year that began July 1. The announcement comes after a lawsuit claimed the state reneged on promises to provide the assistance to about 1,400 eligible families since 2009.
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Firm says DCS misled parents on foster adoption subsidies

August 8, 2014
Dave Stafford
The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.
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Advocates: Suit over unpaid subsidies emblematic of DCS' shortcomings

July 16, 2014
Dave Stafford
Adoptive families who’ve sued the state and likened the Department of Child Services to deadbeat parents for failing to pay promised subsidies to people who adopt foster children aren’t alone in feeling slighted, child and adoption advocates say.
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Personal, practical reasons guide adult adoptions

July 16, 2014
Dave Stafford
Children become consenting adults when they turn 18, but that’s also the age at which a few will seek to legally become someone’s son or daughter. Adult adoptions are fairly rare, but they’re sought for a host of reasons from the sentimental to the sensible, family law attorneys say.
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Adoptive parent likens DCS to deadbeat parents

June 30, 2014
Dave Stafford
A woman who adopted three special-needs foster children said Monday the state’s failure to provided promised adoption subsidies made the Department of Child Services “basically deadbeat parents.”  
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COA rules natural parents’ consent unnecessary in adoption

May 20, 2014
Marilyn Odendahl

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.

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Judges deny stepfather’s request to adopt children

April 29, 2014
Jennifer Nelson
A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. 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?

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