MEMORANDUM DECISION
ON REHEARING
Pursuant to Ind. Appellate Rule 65(D), this
FILED
Memorandum Decision shall not be Jul 24 2017, 10:31 am
regarded as precedent or cited before any CLERK
Indiana Supreme Court
court except for the purpose of establishing Court of Appeals
and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT
Andrew R. Wolf
The Wolf Law Office
Michigan City, Indiana
IN THE
COURT OF APPEALS OF INDIANA
In Re the Adoption of L.J. and July 24, 2017
E.J., minors, Court of Appeals Case No.
64A03-1608-AD-1886
Appeal from the Porter Superior
C.S., Court
Appellant-Respondent, The Honorable William E. Alexa,
Judge
v. Trial Court Cause No.
64D02-1508-AD-7208
J.J. and J.J.,
Appellees-Petitioners.
Bradford, Judge.
Court of Appeals of Indiana | Memorandum Decision on Rehearing 64A03-1608-AD-1886 | July 24, 2017 Page 1
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[1] On May 16, 2017, in an unpublished memorandum decision, we affirmed the
adoption court’s determination that the consent of Appellant-Respondent C.S.
(“Birth Mother”) was not required for the adoption of her biological children
L.J. and E.J. (collectively, “the Children”) by Appellee-Petitioner J.J. (“Step-
Mother”). We also remanded with instructions to conduct a criminal history
check on Step-Mother pursuant to Indiana Code section 31-19-8-5(d), which
Birth Mother claimed had not been performed.
[2] Birth Mother now petitions for rehearing, contending that we erroneously
affirmed the adoption court’s determination regarding her consent but
conceding that the required criminal history check has, in fact, already been
performed on Step-Mother. Birth Mother also submits an affidavit from her
counsel to this effect. Although we conclude that Birth Mother’s first
contention does not warrant relief on rehearing, we accept her second. To that
end, we grant Birth Mother’s rehearing petition for the limited purpose of
vacating any portion of our May 16, 2017, memorandum opinion indicating
that the cause should be remanded for the purpose of performing a criminal
history check on Step-Mother.1 We grant Birth Mother’s petition for rehearing
in part and consequently affirm the judgment of the adoption court in all
respects.
1
In an order issued contemporaneously with this opinion on rehearing, we grant Birth Mother leave to file
an appendix with her petition for rehearing.
Court of Appeals of Indiana | Memorandum Decision on Rehearing 64A03-1608-AD-1886 | July 24, 2017 Page 2
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Vaidik, C.J., and Brown, J., concur.
Court of Appeals of Indiana | Memorandum Decision on Rehearing 64A03-1608-AD-1886 | July 24, 2017 Page 3
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