Friday, March 19, 1999
Justin to stay put for appeals
BY SUSAN VELA
The Cincinnati Enquirer
Justin
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Summe
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COVINGTON — Two-year-old Justin will not return to the home of his biological parents in Covington until after the appeals process is over, a Kenton Circuit Court judge ruled Thursday.
It is a disappointment for Regina Moore and Jerry Dorning, who have been working toward a reunion with their son for more than a year, one of their attorneys said.
Stephanie Dietz, who is representing Mr. Dorning, said the couple had put their hopes in a plan that called for a complete move before Rich and Cheryl Asente of Girard, Ohio, exhausted appeals.
“We were obviously disappointed,” said Ms. Dietz.
Meanwhile, Judge Patricia Summe released a document Thursday calling for two-hour visits to begin March 27 and for overnight stays at Ms. Moore's to happen in about three months. The overnight stays would continue until the appeals process is done.
The child has been living with the Asentes since he was 11 months old. Last month, Judge Summe invalidated the consent-to-adopt forms that Ms. Moore and Mr. Dorning signed before the Feb. 17, 1998, placement happened.
The forms said their consents were irrevocable after 20 days, but the judge said the biological parents had been
told they had until a special March 26, 1998, hearing to change their minds.
The couple have been trying to have the child returned to them ever since, but the Asentes, who have been trying to adopt Justin since June, have fought to keep him.
The Kentucky Court of Appeals already denied an appeal by the Ohio couple that claimed Kenton Circuit Court had no jurisdiction in the case. There is a separate appeal still before the state appellate court.
More legal avenues
Meanwhile, the attorneys representing the biological parents could begin their own appeal process after an April 2 hearing in Ohio's Trumbull County Probate Court.
Special Judge R.R. Denny Clunk will hear attorneys for both couples present evidence on which state has jurisdiction over Justin.
In the interim, all parties are supposed to adhere to Judge Summe's visitation plan. She noted in the document that its guidelines are flexible and subject to change if needed.
“This plan is to be loosely carried out, with alterations to be made considering Justin's individual ability to adjust to such changes,” she said. “The court also reserves the right to alter this plan ... based on the length of the appeal process, the overall cooperation of the parties and the overall effect on Justin and the parties.”
Specifics of transfer
A mental health professional, who will observe Justin's ability to cope with the transition, and a trusted relative of the Asentes will observe the initial visits. The Asentes are to be present at the start of the visits, but they are to go to another part of the house soon after.
The Asentes' relative will remain with Justin when he begins visiting his biological parents, but that will stop once the overnight stays begin.
The judge's plan also orders both couples to sit down together and talk about Justin's daily routines and their willingness to make Justin's transition go smoothly.
“Justin and his brother, Joey, have the right not to have either set of parents vilified by the other,” Judge Summe said in the written document. “It is time for the parties to set aside their own interests and desires and begin to look to the interest of Justin.
“This child is still young and has a chance to lead a relatively normal, happy life, and through the cooperation of the parties, this can be accomplished.”
Forbidden topics
She also told the parties to talk to the media only about legal issues. They will risk having to deal with a contempt hearing — and changes to the visitation plan — if they talk about personal aspects of the case such as one another's lifestyles, characteristics or the effect of the transfer on Justin and Joey.
“With the efforts of both parties, Justin can maintain some degree of constancy and normalcy in his life,” the written document stated.
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