Wednesday, June 30, 1999
Ky. agency: Keep Justin with Asentes
Cabinet office filed opinion with court
BY SUSAN VELA
The Cincinnati Enquirer
Justin
|
The Kentucky Cabinet for Families and Children is siding with Ohio in the two-state custody battle over 2-year-old Justin, saying that the child should remain with the northeastern Ohio couple trying to adopt him.
“Justin has lived with his current family over 15 months,” reads the court documents filed May 28 with the Kentucky Supreme Court. ""In that time, he has reportedly developed a comfortable rapport with his prospective adoptive parents.
“A change in the child's custodial arrangement will only serve to confuse the child and shatter his confidence in the stability of things he loves — family, friends and a warm, cozy home environment.”
The court documents were filed in the name of Virginia Smith, the cabinet official who approved the interstate placement request allowing Justin to be placed with the Asentes in February 1998.
In them, she also contends that Ohio should have jurisdiction over Justin's case and asks the Kentucky Court of Appeals to reverse its support of Kenton Circuit Judge Patricia Summe, who has said the child should be returned to his biological parents, Regina Moore and Jerry Dorning of Covington. Judge Summe also has said that he should start visiting with them before any final move.
Ms. Smith noted in the court documents that the Asentes already have adopted Justin's full biological brother, 3-year-old Joey.
“The cabinet is convinced that visitation with the birth parents would have a detrimental effect on Justin's physical, mental and emotional health,” the documents stated. “He attends preschool, gymnastics classes, music classes and regularly scheduled story time. Justin also regularly attends church and children's Mass, and has been baptized in Ohio.
“All of this demonstrates that Justin has become well-integrated into his prospective adoptive home.”
The Kentucky Supreme Court file of the Asentes' appeal is getting thicker every day, with the cabinet and the American Academy of Adoption Attorneys filing documents in support of the Asentes and the attorney general's office stating support of Judge Summe.
The Asentes' appeal protests Judge Summe's decisions earlier this year. She said Ms. Moore and Mr. Dorning had signed consent forms, which stated that they were irrevocable after 20 days, with the full understanding that they would have until a special hearing to change their minds.
They did so on the day of the hearing and requested Justin back, but the Asentes have refused and have been trying to adopt Justin in Trumbull County Probate Court.
In April, visiting Judge R.R. Denny Clunk kept their adoption petition alive, saying that he would not give “full faith and credit” to rulings in Kenton Circuit Court, that Ohio has jurisdiction of Justin and that visits between Justin and his biological parents would be suspended until all parties went through psychological evaluations. A hearing on the adoption petition is scheduled for Aug. 19.
Meanwhile, Ms. Moore and Mr. Dorning have filed an appeal with the Ohio Court of Appeals.
The Asentes and Ms. Moore and Mr. Dorning are supposed to meet with a mediator within the next week.
Census: Urban decline continues
I-71 relief coming, sooner or later
Ky. agency: Keep Justin with Asentes
Neighbors watch until boy pulled from pool
Saving someone you love
Heimlich advocating a property tax rollback
Implant lets a deaf nun hear again
Judge finds stomping bird was mercy killing
Helping birds get back on their wings
Teens sentenced in lemonade stand theft
This dress code targets teachers
Allen takes TV tack on DUI bill
City scrutinizes senior housing
Miami tuition hike 5.4%
Chemical spill closes Miami hall
Second St. design unveiled
'South Park:' Nothing's sacred, and nearly everthing's profane
'Wild Wild West:' Full of gadgets and gizmos, but bird-brained at heart
1,000-mile trek promotes treatment for depression
GET TO IT
Boone discusses action against adult businesses
Deal could end case against attorney
Display keeps heroes' memory
Downtown parking rates may go up - and down
Driver hits church after apparent heart attack
Ex-husband's bond $250,000 in strangling
Fen-phen class-action filed
Florence fire chief hates to go, but offer too good
Highway patrol to stop getting most cellular 911 calls
House sends Taft limited HMO bill
Police to patrol railroad tracks
Striking drivers accused of assault
Taft signs $17.2B school budget
Teen found dead in Sharonville called too friendly to be hated
Thousands expected at Colerain's July 4 bash
Time Warner cuts prices to compete in Lebanon
TRISTATE DIGEST
Two careers end today as teacher steps down
Warren adding on to Justice Center
Woman found with stab wounds in critical condition
