Legal Question in Family Law in Indiana

Child Adoption Rights

What rights are avalible to children who have been placed in foster care, because of molestation, and do not want to return to the home with the parents who they were withdrawn from because of the molestation? The foster family would be willing to adopt these children ages 2-13, but a judge has granted one of the parents to live in the same house as them with the grandparents of the children. Making the grandparents the new foster family. This places the children back into harms way. The children have also expressed fear for going back and have said that they dont want to go back into the custidy of the molesting parents and would love to be adopted by the foster family. What rights or actions should be taken by the children or the foster family to prevent this situation from occuring?


Asked on 12/20/04, 10:04 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Child Adoption Rights

There is probably no good answer to this question. The foster family should talk to the case worker in charge of the children, be sure to attend all court hearings and ask the judge to speak to the court. They can calso file an adoption petition in their local probate court. Ultimately, they need to have the consent of the Office of Family & Children for their county - or must give them notice of the petition. At least one case has determined that a petition for adoption takes jurisdiction out of the hands of juvenile court. Be prepared to spend lots and lots of money on attorney fees and spend lots and lots of time in court to pursue this type of matter.

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Answered on 12/22/04, 11:27 am


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