In the matter of M.B. & S.B. v. Indiana Department of Child Services

Mother (plaintiff) voluntarily consented to terminate her parental rights over M.B. and S.B., with a written addendum conditioning her consent on a right to post-adoption visitation; the trial court accepted the termination with that visitation condition, so long as visitation remained in the children's best interests. Mother had biweekly visits for three months until, at a review hearing Mother received no notice of and had no chance to attend, the Indiana Department of Child Services (defendant) asked the court to terminate her visitation, which the court did. Mother appealed; the court of appeals found the addendum itself invalid under Indiana law (since a voluntary termination can't be conditioned on guaranteed post-adoption visitation) but upheld her underlying voluntary termination as valid. Mother appealed further.