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Visitation-adoption agreement not allowed

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State law doesn't allow for post-adoption visitation that's contingent upon a voluntary termination of parental rights, the Indiana Supreme Court has ruled.

In In the Matter of the Termination of the Parent-Child Relationship of M.B. And S.B. (Children);T.B. (Mother) v. Indiana Department of Child Services, No. 34S02-0904-JV-147, the justices agreed mother's parental rights remain terminated; however, they reversed termination of her post-adoption visitation rights at a review hearing the mother wasn't notified of. The court remanded to the trial court with instructions that should the state continue to seek termination of mother's visitation rights, the court consider the request at a hearing that meets state requirements. Justice Theodore Boehm issued his separate opinion that concurred with the result.

The case involves a mother's relationships to two children born respectively in March 2000 and June 2002, and were later removed from the mom's custody in August 2002 after she was arrested and jailed on drug charges. No other suitable family members could care for the children. After about a year-and-a-half following the mother's release in October 2005, the state petitioned that her parental rights be terminated involuntarily because she hadn't found adequate housing or employment, or complied with the court orders to get drug treatment.

Though the mother initially disputed the allegations, she later agreed to voluntarily give up her parental rights. Her attorney drew up a form that stipulated the mother consented to giving up her parental rights "subject to the Court granting post-adoption privileges and the adoptive parents consenting to post-adoption contact" between the mother and the children.

The court allowed it and adoption followed, and the mother visited with the children for about two hours every two weeks at first. A three-month CHINS periodic review hearing was conducted but the mother and her attorney weren't notified; the state requested the mother's visitation rights be terminated based on their interference with the children's bonding with the adoptive family. The court terminated those rights, and then told the mother about this for the first time during her regularly scheduled visitation two days later that it would be her "goodbye visit," according to the court records.

After that, the mother moved to set aside the voluntary termination of her parental rights, which the trial court denied. She appealed and the Court of Appeals affirmed the trial court's denial last year.

In deciding the issue on transfer, the justices reversed the trial judge's decision but didn't grant the mother full restoration of her parental rights. Instead, the court determined that she is entitled to a termination hearing because she hadn't received adequate notice.

"Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted," Justice Frank Sullivan wrote, saying that it's inconsistent with the state's open adoption statutes and overrides the authority provided by Indiana Code Section 31-19-16-2.

In his separate opinion, Justice Boehm wrote that he would have treated this issue as a matter of contract - one that involved her termination consent but also contained a written condition that violated several state statutory provisions.

"In short, I do not agree that Mother's written consent is enforceable, but in this case she clearly waived any right to assert a bulletproof right to visitation, and the termination is no longer open to question," he wrote.

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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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