Court Case No. 71J01-1410-AD-93
Loretta H. Rush Chief Justice of Indiana
matter has come before the Indiana Supreme Court on a
petition to transfer jurisdiction, filed pursuant to Indiana
Appellate Rules 56(B) and 57, following the issuance of a
decision by the Court of Appeals. The Court has reviewed the
decision of the Court of Appeals, and all briefs filed in the
Court of Appeals and materials filed in connection with the
request to transfer jurisdiction have been made available to
the Court for review. Each participating member has had the
opportunity to voice that Justice's views on the case in
conference with the other Justices, and each participating
member of the Court has voted on the petition.
the Court is evenly divided on whether to grant or deny
transfer, the petition to transfer is deemed DENIED.
See Ind. Appellate Rule 58(C).
C.J., and Massa, J., vote to deny transfer.
J., dissents to the denial of transfer with separate opinion
in which Slaughter, J., concurs.
respectfully dissent from the denial of transfer because I
believe the Court of Appeals deprived Father of adequate due
process when it based its decision to affirm the trial
court's order on a claim not raised by petitioning
grandparents at trial.
well-settled that, before a trial court can grant a Petition
for Adoption of a child born in wedlock who is less than
eighteen years of age, it must first obtain written consent
from each living parent. In re Adoption of M.S., 10
N.E.3d 1272, 1278 (Ind.Ct.App. 2014); Ind. Code §
31-19-9-1. However, parental consent can be dispensed with
under certain enumerated circumstances. Indiana Code section
31-19-9-8 provides, in relevant part, that consent to
adoption is not required from:
(2) A parent of a child in the custody of another person if
for a period of at least one (1) year the parent:
(A) fails without justifiable cause to communicate
significantly with the child when able to do so; or
(B) knowingly fails to provide for the care and support of
the child when able to do so or required by law ...