http://www.tncourts.gov/courts/court-appeals/arguments/2015/05/20/re-sonya-m - Oral arguments before the TN Court of Appeals. Note in the recording the DCS lawyer states Hodgins were never approved for adoption. Permanency plan was ALWAYS reunification. Says what Hodgins are trying to claim as approval were simply caseworker notes, not the actual permanency plan.
http://www.tncourts.gov/sites/default/files/inresonyamopn.pdf - TN COA opinion stating "we must agree with the trial court that the Hodgins lacked standing to bring an adoption or a parental termination action. As a result, the trial court did not err in granting Father‟s motion to dismiss and DCS‟s motion for
judgment on the pleadings. The judgment of the trial court is affirmed. Costs of appeal are assessed against the appellants, and execution may issue if necessary."
And while there doesn't seem to be court dockets available online at this time:
http://www.wdkn.com/judge-concedes-mistakes-were-made-but-grants-dcs-request-to-end-involvement-in-sonya-case/
While a Dickson County judge says things could have been handled differently in the custody battle over Sonya Jean McCaul, he has ruled there is no reason for the legal system to continue to be involved. In his first memorandum opinion since taking the bench Sept. 1, Judge David Wolfe granted a request by the Tennessee Department of Childrens Services to dismiss a motion by former foster parents Kim and David Hodgin to continue the case to allow further review of the actions over the last 18 months or send the case back to juvenile court. This Court will not compound the mistakes made in this case by prolonging the matter where there is no legal basis, Wolfe writes in the opinion filed in Dickson County Circuit Court on Tuesday. The court therefore holds that the Hodgins have no standing to contest the voluntary non-suit filed by DCS in the Juvenile Court, and upon DCS notice of non-suit this matter is HEREBY DSIMISSED. Wolfe heard arguments last week as the Hodgins asked for a review of the entire case from the beginning. In his opinion, Wolfe includes a summary of what he calls the long and tragic history of this case, from when infant Sonya was brought to Tennessee and abandoned by a babysitter in 2005 through a failed adoption to eventual reunification with her biological father in Nebraska in January 2014, with numerous motions, petitions and hearings in juvenile, chancery, circuit and appeals courts along the way. Counsel for DCS perhaps summed up this situation best when she observed during argument that many mistakes were made in this case, Wolfe writes in his conclusion. While the Court fully appreciates the love and affection the Hodgins have for Sonya and believes that the transfer of the child could have and should have been handled differently, there is no legal basis for this matter to continue on appeal to this Court, or to remand the case back to Juvenile Court for hearings as they request. There is no further need for DCS involvement with this child who has lived in Nebraska for 18 months In addition to affirming the juvenile courts eventual finding that Sonya should have been returned to John McCaul in 2005 under an existing Nebraska court order giving him custody, Wolfe also found the Hodgins violated a contract signed with DCS when they became her foster parents. According to that contract, the Hodgins agreed that we will not attempt to adopt, file a petition to adopt, or take any steps whatsoever to adopt this child unless, after consultation with department staff, the decision is made that adoption by us is in the childs best interest. Wolfe said just three months after signing that agreement the Hodgins filed a petition to terminate John McCauls parental rights and adopt Sonya, without the knowledge or consent of DCS. Those petitions were granted in Dickson County Chancery Court but later vacated by the Tennessee Court of Appeals. Last week, that same appeals court upheld a lower courts decision to dismiss the Hodgins latest termination and adoption petition because they no longer have standing as prospective adoptive parents since Sonya was removed from their home. The Hodgins failed adoption granted them no legal right to the child , Wolfe writes. After reviewing the entire case file, Wolfe ruled the Hodgins request to send the case back to juvenile court for a best-interest hearing is inappropriate. The judge says the Hodgins do not have standing to object to DCS placement of the child and decision to close its involvement. While it is undisputed that the Hodgins formed a strong bond and emotional attachment to Sonya, their legal status has always been as foster parents. That status does not confer upon them standing to contest the placement decisions, or actions of DCS taken in the exercise of their legal custody of the child. These rules may seem harsh, and do often result in heartbreak, but they exist for a reason. If placement of a child with foster parents conferred upon the foster parents the legal right to contest and litigate the actions of DCS in regards to the child, the result would be catastrophic to the juvenile court system, and make the job of DCS impossibly difficult, Wolfe writes. While both last weeks Court of Appeals and Wolfes rulings can be appealed, the Hodgins currently have no other petitions pending in Tennessee courts. Sonya McCaul turned 11 on Friday.
http://www.tncourts.gov/sites/default/files/inresonyamopn.pdf - TN COA opinion stating "we must agree with the trial court that the Hodgins lacked standing to bring an adoption or a parental termination action. As a result, the trial court did not err in granting Father‟s motion to dismiss and DCS‟s motion for
judgment on the pleadings. The judgment of the trial court is affirmed. Costs of appeal are assessed against the appellants, and execution may issue if necessary."
And while there doesn't seem to be court dockets available online at this time:
http://www.wdkn.com/judge-concedes-mistakes-were-made-but-grants-dcs-request-to-end-involvement-in-sonya-case/
While a Dickson County judge says things could have been handled differently in the custody battle over Sonya Jean McCaul, he has ruled there is no reason for the legal system to continue to be involved. In his first memorandum opinion since taking the bench Sept. 1, Judge David Wolfe granted a request by the Tennessee Department of Childrens Services to dismiss a motion by former foster parents Kim and David Hodgin to continue the case to allow further review of the actions over the last 18 months or send the case back to juvenile court. This Court will not compound the mistakes made in this case by prolonging the matter where there is no legal basis, Wolfe writes in the opinion filed in Dickson County Circuit Court on Tuesday. The court therefore holds that the Hodgins have no standing to contest the voluntary non-suit filed by DCS in the Juvenile Court, and upon DCS notice of non-suit this matter is HEREBY DSIMISSED. Wolfe heard arguments last week as the Hodgins asked for a review of the entire case from the beginning. In his opinion, Wolfe includes a summary of what he calls the long and tragic history of this case, from when infant Sonya was brought to Tennessee and abandoned by a babysitter in 2005 through a failed adoption to eventual reunification with her biological father in Nebraska in January 2014, with numerous motions, petitions and hearings in juvenile, chancery, circuit and appeals courts along the way. Counsel for DCS perhaps summed up this situation best when she observed during argument that many mistakes were made in this case, Wolfe writes in his conclusion. While the Court fully appreciates the love and affection the Hodgins have for Sonya and believes that the transfer of the child could have and should have been handled differently, there is no legal basis for this matter to continue on appeal to this Court, or to remand the case back to Juvenile Court for hearings as they request. There is no further need for DCS involvement with this child who has lived in Nebraska for 18 months In addition to affirming the juvenile courts eventual finding that Sonya should have been returned to John McCaul in 2005 under an existing Nebraska court order giving him custody, Wolfe also found the Hodgins violated a contract signed with DCS when they became her foster parents. According to that contract, the Hodgins agreed that we will not attempt to adopt, file a petition to adopt, or take any steps whatsoever to adopt this child unless, after consultation with department staff, the decision is made that adoption by us is in the childs best interest. Wolfe said just three months after signing that agreement the Hodgins filed a petition to terminate John McCauls parental rights and adopt Sonya, without the knowledge or consent of DCS. Those petitions were granted in Dickson County Chancery Court but later vacated by the Tennessee Court of Appeals. Last week, that same appeals court upheld a lower courts decision to dismiss the Hodgins latest termination and adoption petition because they no longer have standing as prospective adoptive parents since Sonya was removed from their home. The Hodgins failed adoption granted them no legal right to the child , Wolfe writes. After reviewing the entire case file, Wolfe ruled the Hodgins request to send the case back to juvenile court for a best-interest hearing is inappropriate. The judge says the Hodgins do not have standing to object to DCS placement of the child and decision to close its involvement. While it is undisputed that the Hodgins formed a strong bond and emotional attachment to Sonya, their legal status has always been as foster parents. That status does not confer upon them standing to contest the placement decisions, or actions of DCS taken in the exercise of their legal custody of the child. These rules may seem harsh, and do often result in heartbreak, but they exist for a reason. If placement of a child with foster parents conferred upon the foster parents the legal right to contest and litigate the actions of DCS in regards to the child, the result would be catastrophic to the juvenile court system, and make the job of DCS impossibly difficult, Wolfe writes. While both last weeks Court of Appeals and Wolfes rulings can be appealed, the Hodgins currently have no other petitions pending in Tennessee courts. Sonya McCaul turned 11 on Friday.