CS v. JJ (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: July 24, 2017
• Docket: 64A03-1608-AD-1886
• Status: Published

Opinion

MEMORANDUM DECISION ON REHEARING

Pursuant to Ind. Appellate Rule 65(D), this FILED Memorandum Decision shall not be Jul 24 2017, 10:31 am

regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing Court of Appeals and Tax Court the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT Andrew R. Wolf The Wolf Law Office Michigan City, Indiana

IN THE COURT OF APPEALS OF INDIANA

In Re the Adoption of L.J. and July 24, 2017 E.J., minors, Court of Appeals Case No. 64A03-1608-AD-1886 Appeal from the Porter Superior C.S., Court Appellant-Respondent, The Honorable William E. Alexa, Judge v. Trial Court Cause No. 64D02-1508-AD-7208 J.J. and J.J., Appellees-Petitioners.

Bradford, Judge.

Court of Appeals of Indiana | Memorandum Decision on Rehearing 64A03-1608-AD-1886 | July 24, 2017 Page 1 of 3 [1] On May 16, 2017, in an unpublished memorandum decision, we affirmed the

adoption court’s determination that the consent of Appellant-Respondent C.S.

(“Birth Mother”) was not required for the adoption of her biological children

L.J. and E.J. (collectively, “the Children”) by Appellee-Petitioner J.J. (“Step-

Mother”). We also remanded with instructions to conduct a criminal history

check on Step-Mother pursuant to Indiana Code section 31-19-8-5(d), which

Birth Mother claimed had not been performed.

[2] Birth Mother now petitions for rehearing, contending that we erroneously

affirmed the adoption court’s determination regarding her consent but

conceding that the required criminal history check has, in fact, already been

performed on Step-Mother. Birth Mother also submits an affidavit from her

counsel to this effect. Although we conclude that Birth Mother’s first

contention does not warrant relief on rehearing, we accept her second. To that

end, we grant Birth Mother’s rehearing petition for the limited purpose of

vacating any portion of our May 16, 2017, memorandum opinion indicating

that the cause should be remanded for the purpose of performing a criminal

history check on Step-Mother.1 We grant Birth Mother’s petition for rehearing

in part and consequently affirm the judgment of the adoption court in all

respects.

1 In an order issued contemporaneously with this opinion on rehearing, we grant Birth Mother leave to file an appendix with her petition for rehearing. Court of Appeals of Indiana | Memorandum Decision on Rehearing 64A03-1608-AD-1886 | July 24, 2017 Page 2 of 3 Vaidik, C.J., and Brown, J., concur.

Court of Appeals of Indiana | Memorandum Decision on Rehearing 64A03-1608-AD-1886 | July 24, 2017 Page 3 of 3