In Re Adoption of M.L. J.H. v. J.L. and C.L.
2012 Ind. App. LEXIS 440
| Ind. Ct. App. | 2012Background
- In 2008 the Adoptive Parents obtained guardianship over M.L. and L.H. due to concerns about supervision.
- In Oct. 2010 the Adoptive Parents petitioned to adopt L.H.; Father contested, arguing consent was not required for three grounds and that adoption was not in L.H.’s best interests.
- Trial court held that the three grounds for dispensing with consent were proven and adoption was in L.H.’s best interests; adoption petition was granted.
- Father appeals, highlighting his history of substance abuse, depression, treatment avoidance, and ongoing instability in housing and employment, and argues insufficient evidence of unfitness or best interests.
- Mother was dismissed from the proceedings; the appeal concerns only the adoption of L.H. and whether Father’s consent was dispensed with and adoption is in L.H.’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Father’s consent dispensed with under IC 31-19-9-8 on any ground? | Father | Adoptive Parents | Yes; evidence supported dispensing with consent on grounds of unfitness/supervision. |
| Is adoption in L.H.’s best interests given Father’s fitness and conduct? | Adoptive Parents | Father | Yes; adoption serves best interests given bond with adoptive parents and lack of bond with Father. |
| Is there sufficient evidence to find Father unfit to parent? | Adoptive Parents | Father | Yes; substantial evidence of long-term depression, substance abuse, treatment avoidance, instability. |
Key Cases Cited
- In re Adoption of M.B., 815 N.E.2d 216 (Ind. Ct. App. 2004) (adoption statute reliance on fitness and best interests standards)
- In re Adoption of M.A.S., 815 N.E.2d 216 (Ind. Ct. App. 2004) (clear and convincing evidence standards for dispensing with consent)
- In re J.S., 906 N.E.2d 226 (Ind. Ct. App. 2009) (factors for parent fitness include substance abuse, housing, employment stability)
- C.T. v. Marion Cnty. Dep’t of Child Servs., 896 N.E.2d 571 (Ind. Ct. App. 2008) (mental health, addiction, and safe, stable home as indicators of fitness)
- In re A.B., 924 N.E.2d 666 (Ind. Ct. App. 2010) (addressing mental health, substance abuse, and participation in treatment as fitness indicators)