Adoption of N.W.R. M.R. v. R.B. and R.B., and Indiana Dept. of Child Services
2012 Ind. App. LEXIS 324
| Ind. Ct. App. | 2012Background
- N.W.R. was born November 15, 2009 and placed with Foster Parents as a CHINS ward of DCS within weeks of birth.
- DCS executed a written consent to the child’s adoption by Foster Parents on September 15, 2010, but later sought to withdraw that consent.
- DCS moved to intervene and withdraw its consent on October 14, 2010; the court granted intervention and heard the motion to withdraw.
- Aunt M.R. filed a petition to adopt and, by December 22, 2010, the court denied the withdrawal motion, consolidated petitions, and held further hearings.
- The trial court ultimately granted Foster Parents’ adoption petition in August 2011, but the Indiana Court of Appeals reversed and remanded for new proceedings after finding improper denial of withdrawal and invalid decree.
- On remand, the court was instructed to reassess the best interests with full DCS investigation of Aunt M.R. as a potential relative adoptive placement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying DCS’s motion to withdraw consent | Aunt M.R. argues DCS properly sought withdrawal to pursue a relative placement for best interests | Foster Parents contend consent cannot be withdrawn after adoption process started | Denial of withdrawal was error; withdrawal should be granted for best interests |
| Whether the adoption decree is valid after improper withdrawal denial | Because DCS’s withdrawal was improper, decree lacked proper consent | Adoption decree should stand if evidence supports best interests | Decree invalid; remand with new consideration of Aunt M.R. and/or Foster Parents; consent to be reconsidered |
Key Cases Cited
- Stout v. Tippecanoe County Dep't of Pub. Welfare, 395 N.E.2d 444 (Ind. Ct. App. 1979) (best interest paramount; in loco parentis role of DCS)
- In re Adoption of S.A., 918 N.E.2d 736 (Ind. Ct. App. 2009) (courts determine best interests with statutory guidance on consent)
- Johnson v. Cupp, 274 N.E.2d 411 ((Ind. Ct. App. 1970s)) (trial court decides child’s best interests with DCS input)
- Re Adoption of B.C.S., 793 N.E.2d 1054 (Ind. Ct. App. 2003) (no preferential right to relatives; court must consider best interests)