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Wednesday, April 08, 2009

Ind. Decisions - Supreme Court issues one today [Updated]

The Supreme Court has granted transfer with opinion today in one case, In the Matter of the Adoption of Infants H.; Marion County Division of Indiana Dept. of Child Services. However, the opinion has not yet been posted.

[Updated at 4:50 PM] Here it is, just posted, file stamped 4:32 PM.

As it turns out, this opinion relates to the case reported in an Indianapolis Star story from Jan. 21, 2007, headlined "State appeals twin girls' adoption by N.J. man."

Here is the Court of Appeals opinion, from Dec. 21, 2007, and this ILB entry from Dec. 22nd, 2007. The Court of Appeals affirmed the adoption; the Supreme Court today reverses it. Chief Justice Shepard writes:

We reverse the final order of adoption for want of compliance with the Interstate Compact and remand with directions to comply with the Compact, and thereafter to issue further judgment accordingly. The order granting Petitioner preliminary custody may remain in effect pending completion of this directive and such eventual order as the trial court may enter.
Stephen Melinger filed an adoption petition April 13, 2005. That means the twins are about four years old now.

Posted by Marcia Oddi on April 8, 2009 12:23 PM
Posted to Ind. Sup.Ct. Decisions