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Worrell v. Elkhart County Office of Family and Children

704 N.E.2d 1027 (1998)

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Worrell v. Elkhart County Office of Family and Children

Indiana Supreme Court
704 N.E.2d 1027 (1998)

KS

Facts

Michael and Jacintha Worrell (plaintiffs) fostered three brothers before the boys were placed together in another foster home. Later, Michael and Jacintha wanted to visit their former foster children and filed three petitions, seeking visitation with each brother. A trial court ruled that, as former foster parents, Michael and Jacintha did not have standing to seek visitation, and the petitions were dismissed. Michael and Jacintha appealed. An appellate court reversed, holding that Michael and Jacintha had met a threshold requirement for standing of having a parental and custodial relationship with the brothers. The appellate court remanded, requiring the trial court to decide the case on the merits. The Indiana Supreme Court granted transfer of the case. Michael and Jacintha argued that the relationship they had with the brothers as their foster parents was sufficient to give them standing to seek visitation. The Indiana Court of Appeals had previously developed a test for third-party visitation with a stepchild that limited visitation solely to stepparents following a divorce or the death of the stepchild’s natural parent. The court of appeals stated that it had no intention of awarding rights of visitation to a host of unrelated parties who decided they wanted to see a child.

Rule of Law

Issue

Holding and Reasoning (Shepard, C.J.)

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Casebooks

Children and Juveniles

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