Preview:

IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT JACKSON

FILED
November 19, 1997 Cecil Crowson, Jr.
Appellate C ourt Clerk

IN RE: JEFFREY THOMAS MORGAN ) ) ) ) ) )

Shelby Chancery No. 106077

Appeal No. 02A01-9608-CH-00206

APPEAL FROM THE CHANCERY COURT OF SHELBY COUNTY AT MEMPHIS, TENNESSEE

THE HONORABLE D. J. ALISSANDRATOS, CHANCELLOR

For the Appellee, United Methodist Adoption Services: Diana L. Schmied Bartlett, Tennessee For the Appellant, The Tohono O'odham Nation: Mark E. Curry Sells, Arizona Russell C. Winston Memphis, Tennessee

For the Appellees, Adopting Couple: Kevin W. Weaver Cordova, Tennessee For Jeffrey Thomas Morgan By His Court-Appointed Attorney Ad Litem: Kay F. Turner Attorney Ad Litem Memphis, Tennessee

AFFIRMED

HOLLY KIRBY LILLARD, J.

CONCUR:

W. FRANK CRAWFORD, P.J., W.S.

DAVID R. FARMER, J.

OPINION This is an adoption case in which the Tohono O'odham Indian Nation seeks to intervene pursuant to the federal Indian Child Welfare Act. The trial court denied the motion to intervene, finding the Act inapplicable under the "existing Indian family doctrine." In a case of first impression in Tennessee, we affirm the decision of the trial court. Jeffrey Thomas Morgan ("Jeffrey"), was born on July 13, 1994 to Gloria Saraficio Morgan, ("Mother"). Jeffrey was Mother's fourth child. Both Jeffrey and Mother are non-domiciliary members of the Tohono O'odham Indian Nation ("Nation"), a federally recognized American Indian tribe. Mother has lived away from reservation lands for the past 15 years, and has lived in Dyersburg, Tennessee for the past twelve years. Mother was unmarried at the time of Jeffrey's birth, but identified Jeffrey Manners, a Caucasian, as the father. No father, however, was named on the birth certificate or on the response to the Putative Father Registry request, and no one has claimed paternity or attempted to legitimate or acknowledge the child. After Jeffrey's birth, Mother met with officials from United Methodist Adoption Services ("Agency") to develop an adoption plan for Jeffrey. Jeffrey was placed in foster care immediately following his birth. The Agency sent a letter to the Nation on July 23, 1994, informing them of Mother's intention to put Jeffrey up for adoption, and also requesting information concerning the Nation's adoption policies. The Nation did not respond to this letter. The Agency's attorney then sent a certified letter to the Nation, received on September 6, 1994. The certified letter set forth the Agency's plan to terminate the putative father's rights and again informed the Nation of the intended adoption plan. The letter requested that the Nation contact the Agency with any objections to the plan. The Nation did not respond to this letter. In October 1994, the Juvenile Court of Shelby County entered a default judgment terminating the parental rights of the putative father. The putative father did not contest the termination of his parental rights. On October 18, 1994, Mother voluntarily surrendered her parental rights to the Agency. The Agency then placed the child with the proposed adoptive parents. The adoptive parents filed their petition to adopt Jeffrey. Subsequently, on April 17, 1995, the Agency's attorney sent another certified letter to the Nation, stating that the placement had been made and that the adoption was pending. The Nation received this letter on April 25, 1995. On April 26, 1995, the Nation contacted the Agency's attorney by telephone to request information. On July 21, 1995, the Nation filed motions in the Shelby County Juvenile Court for leave to

intervene and to invalidate the Juvenile Court's order terminating the putative father's parental rights. The Nation also filed a motion to intervene in the adoption proceedings in Shelby County Chancery Court, and a motion to stay those proceedings. The Juvenile Court determined that it did not have jurisdiction to consider the Nation's motions in light of the adoption petition pending in Chancery Court. It deferred to the Chancery Court, pursuant to Tennessee Code Annotated

Download MORGANJT.pdf

Tennessee Law