Clair A. v. Department of Social Services

Clair and Carol A. petitioned (June 1978) to set aside an adoption decree entered November 24, 1964. After arguments over pleadings and amendment to the pleadings, the court appointed an attorney to represent the adopted minor, Katherine A. The trial court then found the petition was legally sound, capable of being filed and *202 after hearing annulled the adoption of the minor. The court made no finding as to the further adoptability of the child as required by statute.

Facts

Katherine A. was born February 27, 1964. The A.s adopted her by decree obtained November 24, 1964. Evidence concerning the child’s early development described Katherine as slow to sit, walk and talk. Although the minor was seen by physicians from time to time and by a psychiatrist, there was no professional health report concerning the health of the minor nor were any tests done until the minor was in seventh grade. The minor was not examined by a physician before adoption although she was in a hospital until taken home after her birth.

In 1977, 13 years after the final decree of adoption, Katherine began to exhibit aggressive and abusive acts. At that time she was expelled from school. The same…