In Re Adoption of KF

935 N.E.2d 282, 2010 WL 4020491
CourtIndiana Court of Appeals
DecidedOctober 14, 2010
Docket47A04-1006-AD-373
StatusPublished

This text of 935 N.E.2d 282 (In Re Adoption of KF) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Adoption of KF, 935 N.E.2d 282, 2010 WL 4020491 (Ind. Ct. App. 2010).

Opinion

935 N.E.2d 282 (2010)

In the Matter of the ADOPTION OF K.F. and T.F., B.F., Appellant-Respondent,
v.
L.F., Appellee-Petitioner.

No. 47A04-1006-AD-373.

Court of Appeals of Indiana.

October 14, 2010.

*283 Mark Small, Indianapolis, IN, Attorney for Appellant.

James G. Pittman, Donovan, Emery, Hewetson & Pittman, Bedford, IN, Attorney for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

B.F. ("Mother") appeals the trial court's grant of L.F.'s ("Stepmother's") petition for adoption of Mother's minor children K.F. and T.F. Mother presents a single issue for our review, namely, whether Stepmother presented sufficient evidence to support the trial court's grant of the adoption petition without Mother's consent.

We affirm.

FACTS AND PROCEDURAL HISTORY

Mother and A.F. ("Father") were married and had two children, T.F., born on December 9, 1999, and K.F., born on February 22, 2001. Mother and Father divorced in 2002, and Father was granted physical custody of both children. Mother was awarded parenting time and ordered to pay child support. Mother was only sporadically employed in the years after the divorce, and she has battled a serious drug addiction. As a result, as of 2009 Mother had a $14,095 child support arrearage.

Father married Stepmother in 2006. Since then, T.F. and K.F. have lived with Father and Stepmother in Bedford. In May 2007, the dissolution court ordered that Mother's visits with the children be supervised by their maternal grandmother, and the court ordered Mother to undergo drug screens at her own expense. Mother tested positive for benzodiazapenes and methadone in 2007; she tested positive for cocaine and opiates in February 2008; and she tested positive for morphine and codeine in September 2008. Also, Mother had diluted her urine sample for the September 2008 drug screen.

In the meantime, on May 2, 2008, Stepmother filed her petition for adoption of T.F. and K.F. Then, in April 2009, Mother was arrested and charged with dealing in heroin. Mother was four months pregnant at the time, but she did not know she was pregnant. As a result of that criminal charge, Mother is participating in a drug *284 court program, which she is scheduled to complete in June 2011.[1] On March 19, 2010, Mother failed a drug screen and admitted that she had "taken Percocet and had snorted heroin." Appellant's App. at 127.

At the hearing on Stepmother's adoption petition, Mother testified that she had obtained temporary employment as a house painter. Mother lives with her mother and continues to have only supervised visitation with her children. Mother's visitation schedule is as follows: T.F. visits three Saturdays out of each month for eight hours, and K.F. comes with T.F. on one of those Saturdays. However, on the day when both children are visiting, Mother only visits with the children for two hours. Father and Stepmother testified that the children are stressed before and after their visits with Mother. Otherwise, the children are happy and well-adjusted in their lives with Father and Stepmother.

Following the hearing on Stepmother's petition, the trial court found and concluded in relevant part as follows:

Findings of Fact
* * *
8. That Mother has knowingly failed to provide support for the minor children since the issuance of the decree when able to do so.
9. That for the 7 years that the parties have been divorced, Mother has paid only $2,305.00 as support for the parties' minor children.
10. That Mother has been found in contempt of the Court's child support order on three different occasions on April 12, 2006; June 15, 2007 and July 27, 2009.
11. That Mother was behind $14,095.00 as of June 30, 2009.
12. That the only payments that have been made for the support of the minor children since April 14, 2009[,] were made by a third party on Mother's behalf in the amount of $250.00 on 11/2/09 and 11/3/09.
13. That Mother has a serious drug addiction which affects her ability to support her children in any manner.
14. That after their divorce, the parties returned to Monroe Circuit Court on numerous occasions for hearings related to Mother's drug issues.
15. That on April 26, 2007[,] the Monroe Circuit Court ordered Mother's parenting to be supervised by her mother and further ordered Mother to submit to a drug screen through the Monroe County Probation Department.
16. That Mother's parenting time has continued to be supervised since that date.
17. That Mother tested positive for Alprazolam and Methodone on 4-26-07.
18. That on September 6, 2007, the Monroe Circuit Court found that the Mother had not presented any evidence that she had stopped using illegal substances; that she did not appear or participate in the Home Investigation so that the probation department could work cooperatively with Mother to identify her substance abuse issues and make appropriate referrals for assistance; that Mother continues to arrive late for visits and is not consistent and focused in spending time with the children; that Mother's lack of stability and consistency during visitation may be harmful to the children.
*285 19. That on December 5, 2007, the Monroe Circuit Court found that the children were 6 and 7 years of age and were not capable of understanding why Mother does not come on time to visits and/or why she does not spend more time with them or prioritize them during visits; stopping visits will stabilize the emotions of the children; and Mother did not participate in the home investigation and the opportunity for drug evaluation or treatment through the Probation Department; and Mother's current drug use was unknown.
20. That on February 11, 2008, the Monroe Circuit Court found that Mother submitted two drug screen samples that were diluted by Mother.
21. That on February 11, 2008, the Monroe Circuit Court ordered the Mother to participate with Monroe County Probation Officer Christine McAfee to review Mother's drug screens and make recommendations for treatment if needed. Mother failed to attend this meeting and had not received any drug treatment or evaluation.
22. That Mother tested positive for Cocaine, Hydromorphone, Oxycodone, and Oxymorphone on 2-19-08.
23. That Mother tested positive for Morphine and Codeine on 9-17-08 and submitted a diluted screen on said date.
24. On October 17, 2008, the Monroe Circuit Court found that [due to] Mother's drug use and failure to obtain an evaluation, visitation alone with Mother presented a danger to the children.
25. That Mother was arrested on 4-20-09, while these adoption proceedings were pending, for dealing Heroin a class "B" Felony and Possession of a Schedule IV Controlled Substance a class "D" Felony.
26. That Mother was approximately three months pregnant[[2]] with another child from a different relationship at the time of her arrest for dealing heroin on 4-20-09.
27. That the above stated charges were reduced and Mother has pled guilty to a charge of Possession and entered into the Monroe County adult drug court program.

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Adoption of K.F. v. L.F.
935 N.E.2d 282 (Indiana Court of Appeals, 2010)

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Bluebook (online)
935 N.E.2d 282, 2010 WL 4020491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-kf-indctapp-2010.