Archive for October, 2008

ICA Says No Partial Termination of Parental Rights

Indiana law doesn’t allow for partial termination of parental rights, the state’s Court of Appeals has ruled in a case of first impression.  In an October 31, 2008 article in the Indiana Lawyer, staff writer Michael Hoskins reports on the matter of Tiffany Black v. Howard County Department of Child Services, No. 34A02-0805-JV-437.  The appellate court has upheld a Howard County judge’s two-fold decision to first approve a voluntary parental-right termination agreement reserving a right for post-adoptive visitation privileges, and subsequently denying to set aside a later decision to terminate that visitation. Although the trial court didn’t abuse its descretion in this case, the panel expressed serious concerns with what happened and noted it could present problems in the future.  To read the court’s decision, select the following link: 
Parental_Rights_Termination.pdf

Court of Appeals Says Fax is Contract

In a recent edition of the Indiana Lawyer, staff writer Jennifer Mehalik reported on the Court of Appeals’ recent publication of a case affirming summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles.  The court found a faxed agreement amending the original terms of the lease constituted a contract.  In Indiana Bureau of Motor Vehicles c/o Joel L. Silverman, commissioner v. Ash, Inc., No. 74A01-0711-CV-518, the BMV appealed the grant of summary judgment and damages award to Ash, Inc. The BMV contended a fax sent to Ash modifying the terms of the original lease didn’t constitute a contract, so the BMV wasn’t bound by it. The BMV argued the January 2003 fax between the leasing director and Ash didn’t constitute a contract, so it could cancel its lease with 60-days notice as under the original contract. The Court of Appeals ruled the fax was binding because it was in writing, both the BMV’s leasing agent and Crone signed the fax, and the Statute of Frauds doesn’t apply in this case, wrote Judge Carr Darden. As such, the cancellation term was no longer available to the BMV.  Even if the fax wasn’t considered a contract, Ash would still be entitled to summary judgment under the doctrine of promissory estoppel, the judge continued. Read the complete publication at: 
InBMV_Contract_Case.pdf

JHDJ Law is sponsor of Fatherless Foundation Fundraiser

When:  OCTOBER 17, 2008 at 6:00 PM

Where:  8250 Zionsville Road

Cost:  $10 for individuals or $40 for the whole family!

Family friendly event

What is The Fatherless Foundation?

The Fatherless Foundation was created to provide opportunities to help foster and orphan children in Indiana and around the world.  The Foundation broadens the financial basis for assisting orphans through involving the community.  The foundation’s funds would provide grants to orphanages, foster and adoptive parents and other organizations assisting in foster and orphanage support and provide monies for Foundation projects that assist orphans and orphanages.  The board of directors and officers of the Foundation have a heart for the children in Indiana and around the world that do not have families.

Michele Jackson is the founder and current director of the Fatherless Foundation.  Part of her goal is to broaden the opportunity for others to be involved in orphanage support.  Through her adoption practice, she has seen over a thousand orphans throughout the world (Vietnam, Guatemala, Honduras, Nepal, Ukraine and India).  There are over 143 million orphans or foster children in our world today.  Every year another 2 million children become orphans in Africa alone due to the AIDS epidemic.  In Eastern European countries, the statistics are just as staggering:  approximately 60% of girls will become prostitutes upon leaving an orphanage and 70% of the boys will become criminals.  The numbers are overwhelming and you can see the vulnerability of these children and the need for orphan assistance. (Statistics from United Nations, UNICEF, Children on the Brink, and Habitat for Humanity)

As a small, Indiana not-for-profit with a huge heart, we hope to reach beyond our own capabilities with the help of our community.  We want you to be a part of providing medical attention, clothes and food to a child that has little to no resources.  Funds generated benefit the children directly and are not used for salaries.  All staff are volunteers.  Your donations give opportunities and change lives, bringing happiness to the most vulnerable children in the world. 

Visit our Adoption Practice Group at the Indy Baby Expo

Attorney Michele L. Jackson and her staff will be exhibiting at the Indy Baby Expo this weekend.  Learn more about the options and programs available for domestic and international adoption.  Sign up to attend one of our free adoption seminars.  For more information, visit the website:  http://www.indybabyexpo.com
Bebe Paluzza Productions Presents:
IndyBabyExpo
“Everything from Bellies to Tots” ©
Indiana’s Largest and Premiere Baby and Toddler Expo Show©
October 11 & 12, 2008

Indiana State Fairgrounds, Exposition Hall

Saturday, October 11 10:00am to 6:00pm
Sunday, October 12 11:00am to 4:00pm

General Admission – $5.00
Grandparents and Children 6 and under – Free

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