In re Adoption of J.T.D.
Annotate this CaseN.E., the former foster parent of two minor children, filed petitions to adopt the children in Lake Superior Court 2, part of the court’s Civil Division. N.E., however, violated a local rule that all adoptions - a type of probate case - must be filed in the Juvenile Division. The trial court refused to transfer the cases to the Juvenile Division. The Court of Appeals affirmed, concluding that the local rule impermissibly expanded jurisdiction beyond statutory bounds and impermissibly impinged on the jurisdiction of the Superior Court’s “civil (including probate) division.” The Supreme Court reversed, holding that the trial court erred in refusing to transfer the adoptions to the Juvenile Division, as the local rule simply established venue and not jurisdiction and was binding on the court and litigants.
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