Judge Karin McGrath presents Summer with a bag of goodies after the adoption hearing Friday in Warsaw. Also pictured are Summer’s parents, Susan and Kevin Smithberger. Times-Union photo by David Slone.

Classmates joined the celebration with Summer in Superior Court 1 after Friday’s adoption hearing. Summer and her mother, Susan Smithberger, are seen on the far left side. Judge Karin McGrath is on the right side. InkFreeNews photo by Dan Spalding.

By Dan Spalding
InkFreeNews

WARSAW – Courtrooms rarely celebrate anything other than putting forth justice, but it was a gloriously happy day in Superior Court 1 in Kosciusko County on Friday afternoon, May 13.

Superior 1 Court Judge Karin McGrath has presided over about ten adoption cases in her first year on the bench, but nothing like this, she said.

Summer, standing with her father, Kevin Smithberger, is pictured in one of several group photos taken after Friday’s hearing. Others in the photo are with the Department of Child Services. InkFreeNews photo by Dan Spalding.

A final adoption hearing for Summer, an 8-year-old girl who has spent half of her life in foster care, turned into a celebration Friday with the support of her new big family and her second-grade classmates from Community Baptist Christian School in South Bend who were there to show support.

Grant Kirsh, the family’s attorney, appeared to be as sharp as he was festive. He brought his wife to the hearing along with about 30 red balloons used as leverage in hopes of encouraging the youngsters to be quiet and attentive during the hearing. It worked well.

“My law firm does about 700 adoptions a year and this is the first time I’ve ever had an entire classroom show up for an adoption,” Kirsh said. “It’s pretty special.”

McGrath relaxed circumstances for the event and even allowed cameras in the courtroom for media and others.

The hearing served as an attempt to make sure the family and Summer understand the depth of what was happening.

At one point, the judge turned to the family and asked for somebody to vouch for Kevin and Susan Smithberger, who have six biological children of their own.

Grace Linhart, seated with her brothers and sisters in the jury box, spoke up, saying her parents were loving and supportive people.

“We love them all for it and we know Summer will be an amazing addition to the family,” Linhart said as she choked back tears.

McGrath asked the girl if she thinks the Smithbergers will be a good mom and dad.

“Of course they will,” Summer shouted, prompting an outburst of laughs in the courtroom.

She added, “Both of them and all of my brothers and sisters know what’s best for me.”

McGrath said afterward it was the happiest moment she’s witnessed in a courtroom.

“It’s been a long road for Summer to get to this point,” McGrath said. “A lot of people … really wrapped around this child to get her to the point where she’s in this perfect place.”

Summer was removed from her biological parents by the Indiana Department of Children Services and placed into the foster care system about four years ago. She had previously lived in five different foster homes.

The case was heard in Warsaw where the DCS case originated.

Susan Smithberger described Summer as ”a very cheerful, happy little girl” who was especially excited about Friday’s hearing.

She’s adjusted as well as possible considering what she’s gone through, Susan said.

The Smithbergers had been trying to adopt a child for two years and had all but given up with they got a call from a friend who had served as Summer’s life coach.

The family first met Summer in October of 2020 at a park in Plymouth during the pandemic.

Susan said she and Kevin talked and prayed about the idea of adopting Summer for a few weeks.

“When we said yes to taking her into our household, we said yes to adopting her,” she said.

Eight-year-old Summer (center) was officially adopted by Kevin and Susan Smithberger, of South Bend, in Kosciusko County Superior Court I Friday. Pictured (L to R) are Emily Smithberger, Rachel Schoolman, Katherine Smithberger, Grace Linhart, Aaron Smithberger, Zephaniah Linhart, Judge Karin McGrath, Kevin Smithberger, Summer Smithberger, Justin Smithberger, Susan Smithberger, Mark Smithberger, Shaye Smithberger, Ellie Prochno, Rachel Prochno, Matthew Prochno, Polly Schwing and Don Schwing. Times-Union photo by David Slone.

Summer was photographed with staff members from the Indiana Department of Child Services. InkFreeNews photo by Dan Spalding.

Classmates and family applaud at the conclusion of the hearing Friday. InkFreeNews photo by Dan Spalding.

Classmates from Community Baptist Christian School in South Bend pose with Summer for a photo. Summer is seen with her father Kevin Smithberger (blue shirt) behind her. InkFreeNews photo by Dan Spalding.