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Friday, September 23, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 9 NFP memorandum decision(s))

For publication opinions today (1):

In In Re: The Adoption of: J.S.S. and K.N.S., Rayburn and Beth Robinson v. M.R.S., a 10-page opinion, Judge Bailey writes:

B.R. and R.R. (“Foster Parents”) petitioned to adopt J.S.S. and K.N.S. (“Children”) without the consent of M.S. (“Father”). The trial court found Foster Parents had not established the clear and convincing evidence necessary to dispense with parental consent and Foster Parents filed a motion to correct error, which was substantively denied. Appealing a negative judgment, Foster Parents present a sole issue: whether the trial court’s decision is contrary to law. We affirm. * * *

Based upon their assumption that Father delayed for one and one-half years,2 Foster Parents argue that Father should be held accountable for a lack of diligence. However, our review is not one of whether a parent acted promptly or reasonably. Foster Parents were required to show, by clear and convincing evidence, Father failed to communicate “when able to do so.” I.C. § 31-19-9-8. Our review is limited to whether there was any evidence of record to support the trial court’s determination that Foster Parents failed to establish that Father had such ability. J.W., 697 N.E.2d at 481. CHINS orders and caseworker testimony support the trial court’s order.

The trial court did not clearly err in determining that Foster Parents failed to meet their burden of proof to obviate the necessity of Father’s consent to the proposed adoptions. Affirmed.

NFP civil decisions today (2):

Kimberly A. Anderson v. Marc A. Anderson (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of N.D. and A.J., Minor Children, L.J. Mother v. The Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (7):

Andrew Stetler v. State of Indiana (mem. dec.)

Abdullah Alkhalidi v. State of Indiana (mem. dec.)

John E. Gray v. State of Indiana (mem. dec.)

Calvin Lyons v. State of Indiana (mem. dec.)

Daniel N. Begly v. State of Indiana (mem. dec.)

Michael Cunagin v. State of Indiana (mem. dec.)

Michael R. Clark v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 23, 2016 11:11 AM
Posted to Ind. App.Ct. Decisions