Opinion Baby M case: Allen County Children Services oversteps authority

Kelly Anderson and I are the court-designated, pre-finalization adoptive parents of Baby M.

The Mercer County Probate Court has found that Baby M’s birthmother had the statutory right to place her with Kelly and I, who have been her foster parents since she was 13 days old. The birthmother’s rights to place the child were not affected by Allen County Children Services’ temporary custody. The Mercer County Probate Court also found the adoption to be in the child’s best interest after an investigation and hearing.

A Children Services agency cannot place a child into an adoptive or permanent foster home unless the rights of the birthparent have been terminated. Allen County Children Services has never asked to terminate birthparent rights. The relative placement proposed by Allen County Children Services is not an adoption and would not offer the permanency of the adoption by Kelly and I. The relative is unwilling to facilitate birthmother visitation. My wife and I are willing to do an open adoption. We have an established relationship with the birthmother. We assert that Allen County Children Services overstepped its authority in denying the adoptive placement the court has ordered.

The refusal of Allen County Children Services to abide by the orders of the Mercer County Probate Court has caused many problems for Baby M, her biological mother, and my family. Kelly and I appreciate the community support we have received, particularly the support from our family, our friends, our faith community, and our church family.

Kelly and I have sought and continue to seek redress through the courts. We have never engaged in, sanctioned, or condoned “vandalism and threats” against Allen County Children Services Board or its employees. We have no history of vandalism or other criminal behavior.

Kelly and I are aware of only one incident which occurred in Putnam County. Immediately, upon learning of the incident from the authorities, we offered our full cooperation to the Putnam County Sheriff’s office. We absolutely condemn “vandalism and threats.” It is unclear to us that this incident was in fact tied to our case or our supporters. From what we have been told, the supposed “evidence” was so obvious, it suggests the possibility that the incident was staged by unknown parties to discredit our case or to cover the true motive.

It is unfortunate that The Lima News did not attempt to contact Kelly or I for a response prior to printing the May 7 article.

— Brian & Kelly Anderson, Celina