Bradford, J.
Case Summary
In 2022, A.S. and W.S. (collectively, “Adoptive Parents”) were granted temporary, and then permanent, guardianship of minor children R.B. and P.B. (collectively, “the Children”). In 2024, Adoptive Parents petitioned to adopt the Children. The same day, they moved for waiver of the statutorily-mandated period of supervision (“home study requirement”), which motion was granted the next day.
Following a hearing on the adoption petition held on July 8, 2024, in which M.B. (“Birth Mother”) objected to the adoption petition, the juvenile court issued a decree granting the adoption for the Children. Birth Mother contends that the juvenile court erred in granting the waiver of the home study requirement. Because we agree, we reverse and remand with instructions.
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Birth Mother contends that the juvenile court’s order granting the adoption petition was fatally deficient because it improperly granted Adoptive Parents’ motion for waiver of the home study requirement set forth in Indiana Code section 31-19-8-1… The only exception provides that “[a] court hearing a petition for adoption of a child may waive the period of supervision … if one (1) of the petitioners is a stepparent or grandparent of the child and the court waives the report under section 5(c) of this chapter.” Ind. Code § 31-19-8-2(c).
It is undisputed that Adoptive Parents are neither stepparents nor grandparents to the Children. Adoptive Parents argue that, as the day-to-day caregivers of the children, they are akin to stepparents and grandparents, so the waiver was proper. We do not agree. While Adoptive Parents have obviously been positive parental figures to the Children, the statutory requirements are clear that, unless at least one of them is a stepparent or grandparent, the period of supervision required by section 31-19-8-1 may not be waived.
Adoptive Parents contend that “any potential issues as to [the] Home study … should have been determined and objected to at time of trial.” Appellee’s Br. p. 11. To the extent that this is an invited error or harmless error argument, we cannot agree…
Our General Assembly was aware that we apply a strict construction to adoption statutes, and still wrote that adoption may be granted “only after … a period of supervision” by a licensed child placing agency or the Department of Child Services. Ind. Code § 31-19-8-1 (emphasis added). See also S.O., 56 N.E.3d at 83 (providing that “[o]ur General Assembly was aware that we strictly construe the adoption statutes, and still took the time to reiterate that the 22.5 check cannot be waived” in the context of the criminal background check requirements).
The only exception allowing waiver of this requirement applies to stepparents or grandparents. Ind. Code § 31-19-8-2(c). The absence of any applicable exception to the home study requirement in this case renders the adoption petition fatally deficient. Therefore, we reverse and remand with instructions for the juvenile court to order a period of supervision pursuant to Indiana Code section 31-19-8-1. [Footnote omitted.]
Bailey, J., and Foley, J., concur.