In Re JWWR

712 N.E.2d 1081, 1999 WL 493919
CourtIndiana Court of Appeals
DecidedJuly 14, 1999
Docket43A03-9809-JV-396
StatusPublished

This text of 712 N.E.2d 1081 (In Re JWWR) 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 JWWR, 712 N.E.2d 1081, 1999 WL 493919 (Ind. Ct. App. 1999).

Opinion

712 N.E.2d 1081 (1999)

In the Matter of the Termination of the Parent-Child Relationship of J.W.W.R and G.L.R., Children, and Jeff Reece and Penny Reece, Their Parents.
Penny Wight, Appellant-Respondent,
v.
Kosciusko County Office of Family & Children, Appellee-Petitioner.

No. 43A03-9809-JV-396.

Court of Appeals of Indiana.

July 14, 1999.

*1082 Christopher D. Kehler, Kehler Law Office, P.C., Warsaw, Indiana, Attorney for Appellant.

Michael W. Reed, Reed & Earhart, Warsaw, Indiana, Attorney for Appellee.

OPINION

BROOK, Judge

Case Summary

Appellant-petitioner Penny M. Wight ("Wight")[1] appeals from the judgment entered by the Kosciusko Superior Court that terminated her parental rights with regard to her two children: J.W.W.R., born on September 9, 1993, and G.L.R., born on June 13, 1996.

Issue

Wight presents several issues for our consideration, which we consolidate and rephrase as whether the trial court erred in terminating Wight's parental rights to her two children, J.W.W.R. and G.L.R.

Facts and Procedural History

The facts relevant to this appeal disclose that on September 17, 1997, Wight executed a Voluntary Relinquishment of Parental Rights and a Consent to Adoption for her children, J.W.W.R. and G.L.R. These forms were executed in front of Glenda Simpson ("Simpson"), a notary public with the Sheriff's Department. Prior to signing the forms, Nina Steinbarger ("Steinbarger"), Wight's caseworker with Kosciusko County Office of Family and Children ("KCOFC"), read the consent forms regarding both children to Wight and asked if she understood the terms; she responded affirmatively.

On February 2, 1998, KCOFC filed a Voluntary Petition to Terminate the Parent-Child Relationship between Wight and her children. The petition alleged that Wight had knowingly and voluntarily consented to the termination of the parent-child relationship. A hearing was scheduled for August 8, 1998, to ascertain if Wight had voluntarily consented to the termination of her parental rights. Prior to the hearing, Wight had written numerous letters to the court, alleging that her consent was obtained through harassment from Steinbarger.

At the hearing, Wight withdrew her consent to adoption and voluntary relinquishment *1083 of her parental rights. Wight testified that she had felt pressured to sign the consent forms because she had been facing prison time and because Steinbarger had harassed her and her family. Wight stated that Steinbarger had indirectly called her a "slut" and had informed her that she would never get her children back. Steinbarger denied Wight's allegations and testified that she had discussed terminating Wight's parental rights voluntarily or involuntarily and that KCOFC had been prepared to proceed either way. She had also discussed the possibility of Wight's children being adopted and arranged for Wight to meet with the potential adoptive parent.

The trial court concluded that Wight had been notified and advised of her constitutional and other legal rights and the consequences of her action and had given her consent to the termination before a legally authorized person. The trial court also determined that Wight had knowingly and voluntarily consented without duress and coercion to the termination of the parent-child relationship and to the adoption of her children. Therefore, the trial court terminated the parent-child relationship between Wight and her children.

Discussion and Decision

I. Standard of Review

Wight maintains that the trial court erred in terminating her parental rights because her consents to adoption and voluntary relinquishment of parental rights (1) were not signed voluntarily; and (2) were obtained through fraud and duress. The trial court in this case entered its own findings of fact pursuant to Ind. Trial Rule 52(A). "When the trial court enters such findings sua sponte, the specific findings control only as to the issues they cover, while a general judgment standard applies to any issue upon which the court has not found." Nelson v. Marchand, 691 N.E.2d 1264, 1267 (Ind.Ct. App.1998). In reviewing the judgment, this Court must determine whether the evidence supports the findings and whether the findings support the judgment. Id. We will reverse a judgment only when it is shown to be clearly erroneous, "i.e., when the judgment is unsupported by the findings of fact and conclusions entered on the findings." Id. For findings of fact to be clearly erroneous, the record must lack any evidence or reasonable inferences from the evidence to support them. Id. In determining the validity of the findings or judgment, we consider only the evidence favorable to the judgment and all reasonable inferences to be drawn therefrom, and we will not reweigh the evidence or assess the credibility of witnesses. Id. Finally, a general judgment may be affirmed on any theory supported by the evidence presented at trial. Id.

A. Voluntary Consents to Adoption and Termination of Parental Rights

Wight argues that her failure to give her consent in open court precluded the trial court from terminating her parental rights. It is well established that the Fourteenth Amendment of the United States Constitution protects the traditional right of parents to establish a home and raise their children. In the Matter of M.B., 666 N.E.2d 73, 76 (Ind.Ct.App.1996), trans. denied, citing In the Matter of Tucker, 578 N.E.2d 774, 778 (Ind.Ct.App.1991), trans. denied. However, the constitutionally protected interests of the parents are not absolute. In the Matter of M.B., 666 N.E.2d at 76. Because the parent-child relationship is an important liberty interest, the state cannot interfere with those rights without providing the parents fundamentally fair procedures. In re M.S., 551 N.E.2d 881, 883 (Ind.Ct.App.1990), cert. denied, 498 U.S. 1121, 111 S.Ct. 1075, 112 L.Ed.2d 1181 (1991). IND. CODE § 31-35-1-6 provides that

[t]he parents must give their consent [to the termination of their parental rights] in open court unless the court makes findings of fact upon the record that: (1) the parents gave their consent in writing before a person authorized by law to take acknowledgments; (2) they were notified of their constitutional and other legal rights and of the consequences of their actions under section 12 of this chapter [IND. CODE § 31-35-1-12];[2] and (3) they failed to appear. *1084 IND. CODE § 31-35-1-12 mandates that "a parent signing a consent form is entitled to receive notice of the hearing at which the court accepts her consent to relinquish parental rights and at which the court will determine if her consent was voluntary." In the Matter of Termination of Parent-Child Relationship of Infant Ellis, 681 N.E.2d 1145, 1149 (Ind.Ct.App.1997), trans. denied, quoting In re M.S., 551 N.E.2d at 883 (emphasis in the original).

Here, Wight signed the consent forms in front of Steinbarger and Simpson, a notary public.

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Wight v. Kosciusko County Office of Family & Children
712 N.E.2d 1081 (Indiana Court of Appeals, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
712 N.E.2d 1081, 1999 WL 493919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jwwr-indctapp-1999.