CHAPTER 16.5. POSTADOPTION SIBLING CONTACT
IC 31-19-16.5
Chapter 16.5. Postadoption Sibling Contact
IC 31-19-16.5-1
Order for postadoption sibling contact
Sec. 1. At the time an adoption decree is entered, the courtentering the decree may order the adoptive parents to providespecific postadoption contact for an adopted child who is at least two(2) years of age with a pre-adoptive sibling if:
(1) the court determines that the postadoption contact wouldserve the best interests of the adopted child; and
(2) each adoptive parent consents to the court's order forpostadoption contact privileges.
As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-2
Determination by court; considerations
Sec. 2. In making its determination under section 1 of this chapter,the court shall consider any relevant evidence, including thefollowing:
(1) A recommendation made by a licensed child placing agencysponsoring the adoption.
(2) A recommendation made by the adopted child's courtappointed special advocate or guardian ad litem.
(3) A recommendation made by the county office of family andchildren or other agency that prepared a report of itsinvestigation and its recommendation as to the advisability ofthe adoption under IC 31-19-8-5.
(4) Wishes expressed by the adopted child or adoptive parents.
As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-3
Effect of noncompliance with order
Sec. 3. If postadoption contact is ordered under this chapter, theadoption is irrevocable even if the adoptive parents do not abide bythe postadoption contact order.
As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-4
Persons entitled to file petition to vacate or modify order
Sec. 4. The following persons may file a petition requesting thatthe court vacate or modify a postadoption contact order with apre-adoptive sibling or to compel an adoptive parent to comply withthe postadoption contact order:
(1) A pre-adoptive sibling by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate.
(2) The adopted child by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate as
described in section 5 of this chapter.
(3) An adoptive parent.
As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-5
Vacation or modification of order; time; appointment of guardianad litem or advocate
Sec. 5. The court may vacate or modify a postadoption contactorder entered under this chapter at any time after the adoption if thecourt determines, after a hearing, that it is in the best interests of theadopted child. Before hearing the petition to:
(1) vacate or modify; or
(2) compel compliance with;
the postadoption contact order, the court may appoint a guardian adlitem or court appointed special advocate to represent and protect thebest interests of the adopted child. However, the court may onlyappoint a guardian ad litem or court appointed special advocate forthe adopted child under this chapter if the interests of an adoptiveparent differ from the child's interests to the extent that the courtdetermines that the appointment is necessary to protect the bestinterests of the child.
As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-6
Guardian ad litem or court appointed special advocate
Sec. 6. The provisions regarding the representation, duties, andappointment of a guardian ad litem or court appointed specialadvocate by a juvenile court described under IC 31-32-3 apply topostadoption contact proceedings under this chapter.
As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-7
Violation of order; prohibited penalties
Sec. 7. The court may not:
(1) award monetary damages; or
(2) revoke an adoption decree;
if the court finds that a postadoption contact order entered under thischapter has been violated.
As added by P.L.196-1997, SEC.11.