M.H. v. C.R.

918 N.E.2d 736, 2009 Ind. App. LEXIS 2847, 2009 WL 5173517
CourtIndiana Court of Appeals
DecidedDecember 31, 2009
DocketNo. 49A02-0906-CV-549
StatusPublished
Cited by6 cases

This text of 918 N.E.2d 736 (M.H. v. C.R.) 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
M.H. v. C.R., 918 N.E.2d 736, 2009 Ind. App. LEXIS 2847, 2009 WL 5173517 (Ind. Ct. App. 2009).

Opinion

OPINION

BAKER, Chief Judge.

Appellant-petitioner M.H. and C.H. and appellant Indiana Department of Child Services (DCS) (collectively, the appellants) appeal the denial of their motion to correct error after the probate court denied M.H. and C.H.'s petition to adopt S.A. and granted appellee-cross-petitioner C.R.'s petition to adopt. Specifically, the appellants argue that the adoption decree cannot stand because the findings were incomplete, the probate court did not enter any findings regarding DCS's consent to the adoption, and C.R. failed to present sufficient evidence satisfying the requirements for interstate adoption, and that the evidence was clear and convincing that MH. and C.H.'s petition to adopt S.A. should have been granted. Concluding that the evidence was sufficient to support the probate court's granting of the adoption petition in favor of C.R., and finding no other error, we affirm.

FACTS

V.A. (hereinafter referred to as Biological Mother) gave birth to S.A. on March 5, 2005, in Marion. Immediately thereafter, S.A. aspirated meconium and was transported to Fort Wayne's Children's Hospital. Six days later, DCS removed S.A. from Biological Mother's care and placed S.A. in a foster home with MH. and C.H. Because of the hospitalization, DCS filed a Child In Need of Services (CHINS) petition.

After learning that S.A. had been placed in foster care, C.R.-who had ultimately adopted Biological Mother's teenage children-contacted DCS and requested that S.A. be placed with her. However, DCS informed C.R., who lived in Chicago, that such placement would not occur because the initial plan was for reunification with Biological Mother.

Sometime in 2006, the permanency plan was changed to adoption because Biological Mother was unable to complete the services that DCS offered and she could not provide a stable lifestyle to care for S.A. In late 2006 or early 2007, a permanency plan was developed for S.A.'s placement with C.R. because Biological Mother's other children were living with her.

On May 18, 2006, DCS filed a petition to sever the parental rights of Biological Mother and S.A.'s alleged biological father. Following a hearing, their parental rights of custody and control of S.A. were terminated on January 4, 2007. However, prior to the final hearing, Biological Mother attempted to consent to C.R.'s adoption. Biological Mother knew that C.R. had provided her other children with a loving and caring home, where they had succeeded in school and in extracurricular activities. DCS representatives informed Biological Mother that she could only give consent to C.R. if she also consented to an adoption by MH. and CH. However, because Biological Mother did not want to consent to MH. and C.H.'s adoption of S.A., Biological Mother withheld her consent from both parties.

Thereafter, DCS changed the original plan to adoption with M.H. and C.H., because S.A. had been living with them. C.R. and the teenage children had several supervised visits in Indiana with S.A. during the CHINS, termination, and adoption proceedings.

On July 24, 2007, MH. and CH. filed their adoption petition. C.R. then filed a eross-petition for adoption on November 20, 2007. DCS entered its consent for MH. and C.H. to adopt S.A. on February [740]*74015, 2008. Thereafter, on April 24, 2008, DCS filed an adoption summary, with an evaluation and recommendation stating: "It is the recommendation of the [DCS] that MH. and C.H. become the legal parents for S.A." Appellant's App. p. 50-55.

After hearing evidence on the competing adoption petitions on December 10, 2008, the probate court took the matter under advisement. The evidence showed that C.R. is financially capable of supporting S.A. Moreover, it was established that S.A.'s biological siblings who live with C.R. participate in extra-curricular activities, play musical instruments, regularly spend time together as a family, and are excellent students.

MH. and CH. have had twenty-three different foster children in their home over the past four years. Neither MH. nor C.H. could remember the names of many of the foster children who had lived with them. CH. has been treated for depression, and both she and MH. are unemployed and were not able to provide proof as to their ability to support S.A.

On May 29, 2009, the probate court issued an order, granting the adoption in favor of C.R. In particular, the probate court determined:

18. That [C.R.] has adopted [D.R.] and [J.R.] and is the foster parent of [KE.] and all three are half siblings to [S.A.]. 19. That in a Parenting Assessment completed by Barbara Brands of the Children's Bureau dated 10/3/07, Ms. Brands concludes that [S.A.] does appear to be bonded to [C.R.] and her siblings.
21. That Anthony Moya, Family Case Manager ... at DCS, stated in his Petitioner's Answers to Intervenors Interrogatories dated October 5, 2007, that it is in [S.A.'s] best interest to live in the home with her siblings.
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24. That [C.R.] testified that [S.A.] would be able to interact with her mother's biological family as they are invited to attend special family functions held at her home.
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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

1. The Court finds that it is in the best interest of [S.A.] to be adopted by the Cross-Petitioner, [C.R.] and the Court orders this Petition for Adoption set for final hearing.
2. The Court denies the Petition for Adoption filed by [MH. and C.H.].

Id. at 19-20. This appeal now ensues.1

DISCUSSION AND DECISION 2

I. Standard of Review

In general, when an adoption has been granted, we consider the evidence [741]*741most favorable to the trial court's decision and the reasonable inferences that can be drawn therefrom to determine whether the evidence is sufficient to support the judgment. Irvin v. Hood, 712 N.E.2d 1012, 1013 (Ind.Ct.App.1999). We will not disturb the trial court's decision in an adoption proceeding unless the evidence at trial led to but one conclusion and the trial court reached an opposite conclusion. Id.

II. The Appellants' Contentions

A. Incomplete Findings

The appellants contend that the adoption decree must be set aside because "it is devoid of certain statutory findings required of any final order in adoption." Appellants' Br. p. 10. More specifically, the appellants maintain that the trial court failed to make specific findings regarding SA's adoption that are set forth in Indiana Code section 31-19-11-1.

Pursuant to Indiana Code section 31-19-11-1:

(a) Whenever the court has heard the evidence and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;
(3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;

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918 N.E.2d 736, 2009 Ind. App. LEXIS 2847, 2009 WL 5173517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mh-v-cr-indctapp-2009.