Indiana Court Case: Stout v. Tippecanoe County

Robert L. Stout, Isabelle A. Stout (In the Matter of the Petition of Robert L. Stout and Isabelle A. Stout to adopt John Joe Bowling, a Minor), v. Tippecanoe County Department of Public Welfare 

Court of Appeals of Indiana 

182 Ind. App. 404; 395 N.E.2d 444 

October 15, 1979, Filed 


Appeal from a granting of summary judgment in an adoption proceeding.
From the Tippecanoe Circuit Court, Warren B. Thompson, Judge. 

Reversed and remanded with instructions. 

COUNSEL:
Robert Leirer Justice, of Logansport, George Weigle, of Lafayette, for appellants.
H. Hanly Hammel, Jr., of Lafayette, for appellee. 

JUDGES:
Shields, J. Buchanan, C.J., concurs. Sullivan, J., concurs. 

OPINIONBY:
SHIELDS 

OPINION:

Stouts appeal from summary judgment granted by the trial court in favor of the Tippecanoe County Department of Public Welfare [Department] in an adoption proceeding in which Stouts sought adoption of a minor ward of the Department. The trial court granted summary judgment based on the Department's refusal to consent to the adoption and its refusal to place the child in the Stouts' home. We reverse and remand.
The trial court summarized in its findings of fact the particulars resulting in this appeal:

1. John Joe Bowling, minor subject of the petition, was born November 8, 1972, handicapped by some degree of mental retardation, coupled with mild sensory-perceptual motor deficiency.

2. He was first cared for by his mother, then by his maternal grandmother, following which he was made a ward of the Department of Public Welfare.

3. In July, 1973, he was placed by the Department with Charles R. and Pauline Kyees, as a temporary foster home placement, and the Kyees were informed that the Department would seek a suitable adoptive home.

4. In April, 1974, the Department advised Kyees of a proposed adoptive home placement outside of the county. By this time the Kyees had lavished much care upon the child and he had made excellent progress. Although the Department had emphasized that they would not be considered as prospective adopting parents, the Kyees had become so emotionally involved with the child that they could not accept the proposed placement, and they promptly filed a petition to adopt him, together with a petition to waive the requirement of prior written approval by the Department. After an extended hearing, the Kyees' petitions were denied.