reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-6. Consent; Written Denial of Paternity or Consent to Termination of Relationship Before Birth of Child Bars Challenge to Adoptions or Termination of Parental Rights

Sec. 6. (a) Except as provided in subsection (c), the parents must give their consent in open court unless the court makes findings of fact upon the record that:
(1) the parents gave their consent in writing before a person authorized by law to take acknowledgments; and
(2) the parents were:
(A) advised in accordance with section 12 of this chapter; and
(B) advised that if they choose to appear in open court, the only issue before the court is whether their consent was voluntary.
(b) If:
(1) the court finds the conditions under subsection (a)(1) and (a)(2) have been met; and
(2) a parent appears in open court;
a court may consider only the issue of whether the parent's consent was voluntary.
(c) The consent of a parent to the termination of the parent-child relationship under this chapter is not required if:
(1) consent to the termination of the parent-child relationship is implied under section 4.5 of this chapter, if the parent is the putative father;
(2) the parent's consent to the adoption of the child would not be required under:
(A) IC 31-19-9-8;
(B) IC 31-19-9-9; or
(C) IC 31-19-9-10;
(3) the child's biological father denies paternity of the child before or after the birth of the child if the denial of paternity:
(A) is in writing;
(B) is signed by the child's father in the presence of a notary public; and
(C) contains an acknowledgment that:
(i) the denial of paternity is irrevocable; and
(ii) the child's father will not receive notice of adoption or termination of parent-child relationship proceedings; or
(4) the child's biological father consents to the termination of the parent-child relationship before the birth of the child if the consent:
(A) is in writing;
(B) is signed by the child's father in the presence of a notary public; and
(C) contains an acknowledgment that:
(i) the consent to the termination of the parent-child relationship is irrevocable; and
(ii) the child's father will not receive notice of adoption or termination of parent-child relationship proceedings.
A child's father who denies paternity of the child under subdivision (3) or consents to the termination of the parent-child relationship under subdivision (4) may not challenge or contest the child's adoption or termination of the parent-child relationship.
(d) A child's mother may not consent to the termination of the parent-child relationship before the birth of the child.
[Pre-1997 Recodification Citation: 31-6-5-2(c) part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.27; P.L.130-2005, SEC.12; P.L.146-2007, SEC.14; P.L.58-2009, SEC.31.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-7. Inquiry on Parents' Absence; Investigation of Fraud, Duress, and Competency to Consent; Order for Child's Care Pending Outcome of Case

Sec. 7. (a) Before the court may enter a termination order, the court:
(1) must inquire about the reasons for the parents' absence; and
(2) may require an investigation by a probation officer to:
(A) determine whether there is any evidence of fraud or duress; and
(B) establish that the parents were competent to give their consent.
(b) An investigation conducted under subsection (a) must be entered on the record under oath by the person responsible for making the investigation.
(c) If there is any competent evidence of probative value that:
(1) fraud or duress was present when the written consent was given; or
(2) a parent was incompetent;
the court shall dismiss the petition or continue the proceeding.
(d) The court may issue any appropriate order for the care of the child pending the outcome of the case.
[Pre-1997 Recodification Citation: 31-6-5-2(c) part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-8. Advice to Parents

Sec. 8. Before consent may be given in court, the court must advise the parents of:
(1) their constitutional and other legal rights; and
(2) the consequences of their actions under section 12 of this chapter.
[Pre-1997 Recodification Citation: 31-6-5-2(d).]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-9. Consent by Incompetent or Minor Parent

Sec. 9. (a) Except as provided in subsection (b), a parent who is incompetent may give consent to termination only with the approval of the court or of the parent's guardian.
(b) A person who is less than eighteen (18) years of age and who is a parent may give the person's consent without the approval of the court or of the parent's guardian if the person is competent except for the person's age.
[Pre-1997 Recodification Citation: 31-6-5-2(e).]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-10. Determination

Sec. 10. (a) If:
(1) the court determines that the allegations in the petition described in section 4 of this chapter are true; and
(2) the other requirements of this article are met;
the court shall terminate the parent-child relationship.
(b) Except as provided in section 11 of this chapter, if the requirements of subsection (a)(1) or (a)(2) are not met, the court shall dismiss the petition.
[Pre-1997 Recodification Citation: 31-6-5-2(f).]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-11. Default Judgment; Waiver of Notice

Sec. 11. (a) If the court makes findings of fact upon the record that:
(1) one (1) parent has made a valid consent to the termination of the parent-child relationship;
(2) the other parent:
(A) is required under this chapter to consent to the termination of the parent-child relationship;
(B) cannot be located, after a good faith effort has been made to do so, or has been located but fails to appear at the termination hearing; and
(C) has been served with notice of the hearing in the most effective means under the circumstances; and
(3) the investigation that may be required by section 7 of this chapter has been completed and entered on the record;
the court may enter a default judgment against the unavailable parent and terminate as to both parents.
(b) A parent may waive the notice required by subsection (a)(2)(C) if the waiver:
(1) is in writing;
(2) is signed by the parent in the presence of a notary public; and
(3) contains an acknowledgment that:
(A) the waiver is irrevocable; and
(B) the parent will not receive notice of:
(i) adoption; or
(ii) termination of parent-child relationship;
proceedings.
(c) A parent who waives notice under subsection (b) may not challenge or contest:
(1) the termination of the parent-child relationship; or
(2) the child's adoption.
[Pre-1997 Recodification Citation: 31-6-5-2(g).]
As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.28; P.L.130-2005, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-12. Contents of Advice to Parents

Sec. 12. For purposes of sections 6 and 8 of this chapter, the parents must be advised that:
(1) their consent is permanent and cannot be revoked or set aside unless it was obtained by fraud or duress or unless the parent is incompetent;
(2) when the court terminates the parent-child relationship:
(A) all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, parenting time, or support pertaining to the relationship, are permanently terminated; and
(B) their consent to the child's adoption is not required;
(3) the parents have a right to the:
(A) care;
(B) custody; and
(C) control;
of their child as long as the parents fulfill their parental obligations;
(4) the parents have a right to a judicial determination of any alleged failure to fulfill their parental obligations in a proceeding to adjudicate their child a delinquent child or a child in need of services;
(5) the parents have a right to assistance in fulfilling their parental obligations after a court has determined that the parents are not doing so;
(6) proceedings to terminate the parent-child relationship against the will of the parents can be initiated only after:
(A) the child has been adjudicated a delinquent child or a child in need of services and removed from their custody following the adjudication; or
(B) a parent has been convicted and imprisoned for an offense listed in IC 31-35-3-4 (or has been convicted and imprisoned for an offense listed in IC 31-6-5-4.2(a) before its repeal), the child has been removed from the custody of the parents under a dispositional decree, and the child has been removed from the custody of the parents for six (6) months under a court order;
(7) the parents are entitled to representation by counsel, provided by the state if necessary, throughout any proceedings to terminate the parent-child relationship against the will of the parents;
(8) the parents will receive notice of the hearing, unless notice is waived under section 5(b) of this chapter, at which the court will decide if their consent was voluntary, and the parents may appear at the hearing and allege that the consent was not voluntary; and
(9) the parents' consent cannot be based upon a promise regarding the child's adoption or contact of any type with the child after the parents voluntarily relinquish their parental rights of the child after entry of an order under this chapter terminating the parent-child relationship.
[Pre-1997 Recodification Citation: 31-6-5-3.]
As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.56; P.L.146-2007, SEC.15; P.L.128-2012, SEC.171.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-1. Application of Chapter

Sec. 1. This chapter applies to the termination of a parent-child relationship involving a safe haven infant.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-2. Laws Governing Procedure

Sec. 2. Proceedings under this chapter are governed by the procedures prescribed by IC 31-35-1.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-3. Concurrent Jurisdiction of Probate and Juvenile Courts

Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition filed under this chapter for the termination of the parent-child relationship.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-4. Filing of Petition

Sec. 4. (a) The:
(1) department's attorney; or
(2) licensed child placing agency;
shall sign and file a verified petition for the termination of the parent-child relationship not more than fifteen (15) days after taking custody of a safe haven infant.
(b) The petition must:
(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ____________, a Safe Haven Infant"; and
(2) allege that the:
(A) child was left in a newborn safety device or by a parent with an emergency medical services provider; and
(B) termination of the parent-child relationship is:
(i) in the child's best interest; and
(ii) in furtherance of an adoption.
(c) At the time the verified petition described in subsection (a) is filed:
(1) the department's attorney shall also file a permanency plan for the safe haven infant; or
(2) the licensed child placing agency shall also file a recommendation in support of the prospective adoptive parent with whom the safe haven infant is placed.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-5. Form of Petition

Sec. 5. Notice of a petition to terminate the parent-child relationship under section 4 of this chapter must be given to:
(1) each known living parent of a child born in wedlock, including a man who is presumed to be the child's biological father under IC 31-14-7-1, in accordance with IC 31-19-2.5-6; and
(2) an unnamed or unknown putative parent;
in substantially the following form:
"NOTICE TO UNNAMED PARENT
The unnamed putative parent of a ______ (gender) infant that was voluntarily surrendered on ______ (date) in __________ (county) and born on approximately _____ (birth date range), or the person who claims to be a parent of the infant, is notified that a petition to terminate the parent-child relationship was filed in the office of the clerk of _____ court, _____ (address of court).
If the unnamed putative parent seeks to contest the petition to terminate the parent-child relationship of the infant, the unnamed putative parent must file a motion to contest the petition in accordance with IC 31-35-1.5-8 in the above named court within twenty-eight (28) days after the date of service of this notice. This notice may be served by publication.
If the unnamed putative parent does not file a motion to contest the adoption within twenty-eight (28) days after service of this notice, the above named court shall hear and determine the petition to terminate the parent-child relationship. The unnamed putative parent's consent is irrevocably implied and the unnamed putative parent loses the right to contest the petition to terminate the parent-child relationship or the validity of the unnamed putative parent's implied consent to the termination of the parent-child relationship. The unnamed putative parent loses the right to establish a biological relationship with the child in Indiana or any other jurisdiction.
Nothing anyone else says to the unnamed putative parent of the infant relieves the unnamed putative parent of his or her obligations under this notice.
Under Indiana law, a putative parent is a person who claims that he or she may be the father or mother of an infant who has been voluntarily surrendered but who has not yet been legally proven to be the child's father or mother.
This notice complies with IC 31-35-1.5-5 but does not exhaustively set forth the unnamed putative parent's legal obligations under the Indiana adoption statutes. A person being served with this notice should consult the Indiana adoption statutes.".
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-6. Notice to Unnamed or Unknown Putative Parent

Sec. 6. Notice given to an unnamed or unknown putative parent under section 5 of this chapter must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in:
(1) the county in which the safe haven infant was voluntarily surrendered; and
(2) each contiguous county to the county described in subdivision (1).
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-7. Verification of Notice Publication

Sec. 7. (a) The person whose duty it was to cause the publication under section 6 of this chapter or IC 31-19-2.5-6 shall file an affidavit of publication in the clerk's office.
(b) The affidavit described in subsection (a) must:
(1) be attached to a copy of the notice taken from the newspaper or website in which the notice was published;
(2) be the affidavit of a person who:
(A) is employed by the entity that published the notice; and
(B) is at least eighteen (18) years of age; and
(3) specify the county, the date, and the newspaper or website in which the notice was published.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-8. Conditions Under Which Parents' Consent Implied

Sec. 8. Both parents' consent to termination of the parent-child relationship is irrevocably implied without further court action if:
(1) neither parent has filed a petition for custody or responded to the notice to unnamed putative parent published under section 6 of this chapter; and
(2) at least twenty-eight (28) days have passed since the department or the licensed child placing agency has taken custody of the safe haven infant.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-9. Visitation or Custody by Parent After Establishment of Paternity or Maternity

Sec. 9. If, after a petition is filed by the department or a licensed child placing agency under section 4 of this chapter, a person contacts the department or a licensed child placing agency and claims to be a putative parent of the safe haven infant, the court may issue an order concerning visitation or custody of the safe haven infant if:
(1) the person undergoes a DNA test (as defined in IC 16-37-2-10); and
(2) the DNA test results establish that the person is a biological parent of the safe haven infant.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-10. Prohibition on Court Inquiry or Investigation Regarding Parent

Sec. 10. The court may not inquire about the reasons for the parent's absence or investigate why the parent chose to leave the safe haven infant.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants › 31-35-1.5-11. Fees Charged by Child Placing Agency to Prospective Adoptive Family

Sec. 11. A licensed child placing agency that files a petition under section 4 of this chapter with respect to a safe haven infant may not charge a prospective adoptive family of the safe haven infant a fee that exceeds the direct costs incurred by the licensed child placing agency for services related to:
(1) the placement of the safe haven infant with the family; and
(2) the licensed child placement agency's participation in the proceedings under this chapter concerning the petition.
As added by P.L.45-2023, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-1. Application of Chapter

Sec. 1. This chapter applies to the termination of the parent-child relationship involving:
(1) a delinquent child; or
(2) a child in need of services.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-2. Law Governing Proceedings

Sec. 2. Proceedings under this chapter are governed by the procedures prescribed by:
(1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15;
(2) IC 31-34; and
(3) IC 31-37;
but are distinct from proceedings under IC 31-34 and IC 31-37.
[Pre-1997 Recodification Citation: 31-6-5-1 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-3. Jurisdiction

Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate the parent-child relationship involving a delinquent child or a child in need of services under this chapter.
[Pre-1997 Recodification Citation: 31-6-5-4(b) part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-4. Petition; Contents; Filing of Permanency Plan

Sec. 4. (a) A petition to terminate the parent-child relationship involving a delinquent child or a child in need of services may be signed and filed with the juvenile or probate court by any of the following:
(1) The attorney for the department.
(2) The child's court appointed special advocate.
(3) The child's guardian ad litem.
(b) The petition must meet the following requirements:
(1) The petition must be entitled "In the Matter of the Termination of the Parent-Child Relationship of ___________, a child, and ____________, the child's parent (or parents)".
(2) The petition must allege:
(A) that one (1) of the following is true:
(i) The child has been removed from the parent for at least six (6) months under a dispositional decree.
(ii) A court has entered a finding under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification are not required, including a description of the court's finding, the date of the finding, and the manner in which the finding was made.
(iii) The child has been removed from the parent and has been under the supervision of a local office or probation department for at least fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child;
(B) that one (1) of the following is true:
(i) There is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the home of the parents will not be remedied.
(ii) There is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of the child.
(iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services;
(C) that termination is in the best interests of the child; and
(D) that there is a satisfactory plan for the care and treatment of the child.
(3) If the department intends to file a motion to dismiss under section 4.5 of this chapter, the petition must indicate whether at least one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this chapter applies and specify each factor that would apply as the basis for filing a motion to dismiss the petition.
(c) At the time the petitioner files the verified petition described in subsection (b) with the juvenile or probate court, the petitioner shall also file a:
(1) copy of the order approving the permanency plan under IC 31-34-21-7 for the child; or
(2) permanency plan for the child as described by IC 31-34-21-7.5.
[Pre-1997 Recodification Citation: 31-6-5-4(a), (c).]
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.19; P.L.200-1999, SEC.29; P.L.146-2008, SEC.615; P.L.131-2009, SEC.65; P.L.21-2010, SEC.8; P.L.48-2012, SEC.66; P.L.42-2017, SEC.2; P.L.258-2019, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-5. Representation of State's Interests

Sec. 5. Upon the filing of a petition under section 4 of this chapter, the attorney for the department shall represent the interests of the state in all subsequent proceedings on the petition.
[Pre-1997 Recodification Citation: 31-6-5-4(b) part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.146-2008, SEC.617.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-6. Request for Hearing; Timing of Hearing; Dismissal of Petition

Sec. 6. (a) Except when a hearing is required after June 30, 1999, under section 4.5 of this chapter, the person filing the petition shall request the court to set the petition for a hearing. Whenever a hearing is requested under this chapter, the court shall:
(1) commence a hearing on the petition not more than ninety (90) days after a petition is filed under this chapter; and
(2) complete a hearing on the petition not more than one hundred eighty (180) days after a petition is filed under this chapter.
(b) If a hearing is not held within the time set forth in subsection (a):
(1) upon filing of a motion with the court by a party; and
(2) absent good cause shown for the failure to hold the hearing within the time set forth in subsection (a);
the court shall dismiss the petition to terminate the parent-child relationship without prejudice.
[Pre-1997 Recodification Citation: 31-6-5-4(b) part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.21; P.L.146-2006, SEC.54; P.L.48-2012, SEC.68; P.L.244-2023, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-7. Guardian Ad Litem or Court Appointed Special Advocate

Sec. 7. (a) If a parent objects to the termination of the parent-child relationship, the court shall appoint:
(1) a guardian ad litem;
(2) a court appointed special advocate; or
(3) both;
for the child.
(b) If a guardian ad litem or court appointed special advocate has been appointed for the child under IC 31-34-10, the court may reappoint the guardian ad litem or court appointed special advocate to represent and protect the best interests of the child in the termination proceedings.
[Pre-1997 Recodification Citation: 31-6-5-4(d).]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services › 31-35-2-8. Determination

Sec. 8. (a) Except as provided in section 4.5(d) of this chapter, if the court finds that the allegations in a petition described in section 4 of this chapter are true, the court shall terminate the parent-child relationship.
(b) If the court does not find that the allegations in the petition are true, the court shall dismiss the petition.
(c) The court shall enter findings of fact that support the entry of the conclusions required by subsections (a) and (b).
[Pre-1997 Recodification Citation: 31-6-5-4.3 part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.23; P.L.128-2012, SEC.173.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-1. Application of Chapter

Sec. 1. This chapter applies to the termination of the parent-child relationship between an individual convicted of an offense listed in section 4(1) of this chapter and a child described in section 4(2) of this chapter.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-2. Law Governing Proceedings

Sec. 2. Proceedings under this chapter are governed by the procedures prescribed by:
(1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15;
(2) IC 31-34; and
(3) IC 31-37;
but are distinct from proceedings under IC 31-34 and IC 31-37.
[Pre-1997 Recodification Citation: 31-6-5-1 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-3. Jurisdiction

Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate the parent-child relationship under this chapter.
[Pre-1997 Recodification Citation: 31-6-5-4.2(a) part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-4. Petition; Conviction of Certain Offenses

Sec. 4. If:
(1) an individual is convicted of the offense of:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) involuntary manslaughter (IC 35-42-1-4);
(E) rape (IC 35-42-4-1);
(F) criminal deviate conduct (IC 35-42-4-2) (repealed);
(G) child molesting (IC 35-42-4-3);
(H) child exploitation (IC 35-42-4-4);
(I) sexual misconduct with a minor (IC 35-42-4-9); or
(J) incest (IC 35-46-1-3); and
(2) the victim of the offense:
(A) was less than sixteen (16) years of age at the time of the offense; and
(B) is:
(i) the individual's biological or adoptive child; or
(ii) the child of a spouse of the individual who has committed the offense;
the attorney for the department, the child's guardian ad litem, or the court appointed special advocate may file a petition with the juvenile or probate court to terminate the parent-child relationship of the individual who has committed the offense with the victim of the offense, the victim's siblings, or any biological or adoptive child of that individual.
[Pre-1997 Recodification Citation: 31-6-5-4.2(a) part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.329; P.L.146-2008, SEC.618; P.L.158-2013, SEC.325; P.L.214-2013, SEC.27.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-5. Petition; Verification and Contents; Permanency Plan

Sec. 5. (a) The verified petition filed under section 4 of this chapter must:
(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _______________, the parent (or parents)"; and
(2) allege:
(A) that the victim of an offense listed in section 4(1) of this chapter is:
(i) the subject of the petition;
(ii) the biological or adoptive sibling of the subject of the petition; or
(iii) the child of a spouse of the individual whose parent-child relationship is sought to be terminated under this article;
(B) that the individual whose parent-child relationship is sought to be terminated under this article was convicted;
(C) that the child has been removed:
(i) from the parent under a dispositional decree; and
(ii) from the parent's custody for at least six (6) months under a court order;
(D) that one (1) of the following is true:
(i) There is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the parent's home will not be remedied.
(ii) There is a reasonable probability that continuation of the parent-child relationship poses a threat to the well-being of the child.
(iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services;
(E) that termination is in the best interests of the child; and
(F) that there is a satisfactory plan for the care and treatment of the child.
(b) At the time the petitioner files the verified petition described in subsection (a) with the juvenile or probate court, the petitioner shall also file a:
(1) copy of the order approving the permanency plan under IC 31-34-21-7 for the child; or
(2) permanency plan for the child as described by IC 31-34-21-7.5.
[Pre-1997 Recodification Citation: 31-6-5-4.2(b).]
As added by P.L.1-1997, SEC.18. Amended by P.L.21-2010, SEC.9; P.L.42-2017, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-6. Representation of State's Interests

Sec. 6. (a) The attorney for the department shall represent the interests of the state in all subsequent proceedings on the petition.
(b) Upon the filing of a petition under section 4 of this chapter, the attorney for the department shall represent the interests of the state in all subsequent proceedings.
[Pre-1997 Recodification Citation: 31-6-5-4.2(a) part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.330; P.L.146-2008, SEC.619.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-7. Request for Hearing; Commencement of Hearing; Dismissal of Petition

Sec. 7. (a) The person filing the petition shall request that the court set the petition for a hearing.
(b) Whenever a hearing on the petition is requested under this chapter, the court shall commence the hearing not more than ninety (90) days after a petition is filed under this chapter.
(c) If a hearing is not held within the time set forth in subsection (b), upon filing a motion with the court by a party, the court shall dismiss the petition without prejudice.
[Pre-1997 Recodification Citation: 31-6-5-4.2(a) part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.24; P.L.48-2012, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-8. Conviction as Prima Facie Evidence

Sec. 8. A showing that an individual has been convicted of an offense described in section 4(1) of this chapter is prima facie evidence that there is a reasonable probability that:
(1) the conditions that resulted in the removal of the child from the parent under a court order will not be remedied; or
(2) continuation of the parent-child relationship poses a threat to the well-being of the child.
[Pre-1997 Recodification Citation: 31-6-5-4.2(c).]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3. Termination of Parent-Child Relationship With Individual Convicted of Criminal Offense › 31-35-3-9. Determination

Sec. 9. (a) If the court finds that the allegations in a petition described in section 4 of this chapter are true, the court shall terminate the parent-child relationship.
(b) If the court does not find that the allegations in the petition are true, the court shall dismiss the petition.
[Pre-1997 Recodification Citation: 31-6-5-4.3 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-1. Proceedings

Sec. 1. Proceedings under this chapter are governed by the procedures prescribed by:
(1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15;
(2) IC 31-34; and
(3) IC 31-37;
but are distinct from proceedings under IC 31-34 and IC 31-37.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-2. Jurisdiction of Probate Court

Sec. 2. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate a parent-child relationship under this chapter.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-3. Petition to Terminate Parental Rights

Sec. 3. Subject to section 4 of this chapter, if a child was conceived as a result of an act of rape, the parent who is the victim of the act of rape may file a verified petition with the juvenile or probate court to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-4. Time Limits for Filing Petition

Sec. 4. (a) A parent who:
(1) is the victim of an act of rape; and
(2) is at least eighteen (18) years of age at the time the act of rape occurred;
may not file a petition for termination of the parent-child relationship under this chapter more than one hundred eighty (180) days after the birth of the child.
(b) A parent who:
(1) is the victim of an act of rape; and
(2) is less than eighteen (18) years of age at the time the act of rape occurred;
may not file a petition for termination of the parent-child relationship under this chapter more than two (2) years after reaching eighteen (18) years of age.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-5. Contents of Petition

Sec. 5. The verified petition filed under section 3 of this chapter must:
(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _______________, the parent"; and
(2) allege:
(A) that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship;
(B) that the child was conceived as a result of the act of rape described under clause (A); and
(C) that the termination of the parent-child relationship between the alleged perpetrator and the child is in the best interests of the child.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-6. Commission of Rape Is Prima Facie Evidence That Termination of Parental Rights Is in the Best Interests of a Child Conceived as a Result of the Rape

Sec. 6. A showing by clear and convincing evidence that:
(1) the alleged perpetrator committed an act of rape against a parent described in section 5(2)(A) of this chapter; and
(2) the child was conceived as a result of the act of rape;
is prima facie evidence that termination of the parent-child relationship between the alleged perpetrator and the child is in the best interests of the child.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-7. Termination of Parental Rights; Burden of Proof

Sec. 7. (a) The court shall terminate the parent-child relationship if the court finds:
(1) by clear and convincing evidence that the allegations in a petition described in section 5(2)(A) and 5(2)(B) of this chapter are true; and
(2) that termination of the parent-child relationship is in the best interests of the child.
(b) If the court does not find either element in subsection (a), the court shall deny the petition.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-8. Appointment of Guardian Ad Litem or Court Appointed Special Advocate

Sec. 8. The court may appoint:
(1) a guardian ad litem;
(2) a court appointed special advocate; or
(3) both a guardian ad litem and a court appointed special advocate;
for a child in a proceeding under this chapter, as provided in IC 31-17-6-1.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-9. Emergency Custody Orders

Sec. 9. The court may issue an emergency custody order removing the child from the custody of the alleged perpetrator of the act of rape if the court finds it is in the best interests of the child.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-10. Notice to County Department of Child Services; Department's Duty to Notify Court of Any Other Pending Petition to Terminate Parental Rights With Respect to the Same Child

Sec. 10. (a) The court shall send notice of the petition at the time of filing to the department of child services in the county in which the petition is filed.
(b) If the department of child services:
(1) receives a notice under subsection (a); and
(2) determines that the child who is the subject of the petition for termination of the parent-child relationship is the subject of a child in need of services petition in another court;
the department of child services shall notify the court in which the petition for termination of the parent-child relationship is pending of the pending child in need of services petition.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-11. Court Shall Stay Proceedings Until Disposition of Any Other Pending Petition to Terminate Parental Rights With Respect to the Same Child

Sec. 11. If a court receives a notice from the department of child services under section 10(b) of this chapter, the court shall stay the proceeding for termination of the parent-child relationship until the court in which the child in need of services petition is pending enters a dispositional decree.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape › 31-35-3.5-12. Court in Which Petition to Terminate Parental Rights Was Pending Shall Send a Notice of the Entry of Disposition to a Court That Has Stayed Proceedings Pending Disposition

Sec. 12. A court in which a child in need of services petition is pending shall notify a court in which a proceeding has been stayed under section 11 of this chapter of a dispositional decree not later than ten (10) days after the date the court enters the dispositional decree.
As added by P.L.64-2016, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 4. Child Videotape Testimony › 31-35-4-1. Application of Chapter

Sec. 1. This chapter applies to an action initiated to terminate a parent-child relationship under:
(1) IC 31-35-2; or
(2) IC 31-35-3.
[Pre-1997 Recodification Citation: 31-6-15-1 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 4. Child Videotape Testimony › 31-35-4-2. Admissibility of Statements or Videotapes

Sec. 2. A statement or videotape that:
(1) is made by a child who at the time of the statement or videotape:
(A) is less than fourteen (14) years of age; or
(B) is at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
(i) is likely to continue indefinitely;
(ii) constitutes a substantial disability to the child's ability to function normally in society; and
(iii) reflects the child's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated;
(2) concerns an act that is a material element in determining whether a parent-child relationship should be terminated; and
(3) is not otherwise admissible in evidence under statute or court rule;
is admissible in evidence in an action described in section 1 of this chapter if the requirements of section 3 of this chapter are met.
[Pre-1997 Recodification Citation: 31-6-15-2 part.]
As added by P.L.1-1997, SEC.18.