CHAPTER 2. TERMINATION OF PARENT-CHILD RELATIONSHIP INVOLVING A DELINQUENT CHILD OR A CHILD IN NEED OF SERVICES
IC 31-35-2
Chapter 2. Termination of Parent-Child Relationship Involving aDelinquent Child or a Child in Need of Services
IC 31-35-2-1
Application of chapter
Sec. 1. This chapter applies to the termination of the parent-childrelationship involving:
(1) a delinquent child; or
(2) a child in need of services.
As added by P.L.1-1997, SEC.18.
IC 31-35-2-2
Law governing proceedings
Sec. 2. Proceedings under this chapter are governed by theprocedures prescribed by:
(1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, andIC 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.1-1997, SEC.18.
IC 31-35-2-3
Jurisdiction
Sec. 3. The probate court has concurrent original jurisdiction withthe juvenile court in proceedings on a petition to terminate theparent-child relationship involving a delinquent child or a child inneed of services under this chapter.
As added by P.L.1-1997, SEC.18.
IC 31-35-2-4
Petition; contents
Sec. 4. (a) A petition to terminate the parent-child relationshipinvolving a delinquent child or a child in need of services may besigned and filed with the juvenile or probate court by any of thefollowing:
(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 theTermination 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 leastsix (6) months under a dispositional decree.
(ii) A court has entered a finding under IC 31-34-21-5.6that reasonable efforts for family preservation or
reunification are not required, including a description ofthe court's finding, the date of the finding, and the mannerin which the finding was made.
(iii) The child has been removed from the parent and hasbeen under the supervision of a county office of familyand children 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 thehome as a result of the child being alleged to be a child inneed of services or a delinquent child;
(B) that one (1) of the following is true:
(i) There is a reasonable probability that the conditionsthat resulted in the child's removal or the reasons forplacement outside the home of the parents will not beremedied.
(ii) There is a reasonable probability that the continuationof the parent-child relationship poses a threat to thewell-being of the child.
(iii) The child has, on two (2) separate occasions, beenadjudicated 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 treatmentof the child.
(3) The petition must indicate whether at least one (1) of thefactors listed in section 4.5(d)(1) through 4.5(d)(3) of thischapter applies and specify each factor that would apply as thebasis for filing a motion to dismiss the petition.
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.
IC 31-35-2-4.5
Petition; filing; motion to dismiss
Sec. 4.5. (a) This section applies if:
(1) a court has made a finding under IC 31-34-21-5.6 thatreasonable efforts for family preservation or reunification withrespect to a child in need of services are not required; or
(2) a child in need of services or a delinquent child:
(A) has been placed in:
(i) a foster family home, child caring institution, or grouphome licensed under IC 31-27; or
(ii) the home of a person related (as defined inIC 31-9-2-106.5) to the child;
as directed by a court in a child in need of servicesproceeding under IC 31-34 or a delinquency action underIC 31-37; and
(B) has been removed from a parent and has been under thesupervision of the department or county probationdepartment for not less than fifteen (15) months of the mostrecent twenty-two (22) months, beginning with the date the
child is removed from the home as a result of the child beingalleged to be a child in need of services or a delinquentchild.
(b) A person described in section 4(a) of this chapter shall:
(1) file a petition to terminate the parent-child relationshipunder section 4 of this chapter; and
(2) request that the petition be set for hearing.
(c) If a petition under subsection (b) is filed by the child's courtappointed special advocate or guardian ad litem, the department shallbe joined as a party to the petition.
(d) A party shall file a motion to dismiss the petition to terminatethe parent-child relationship if any of the following circumstancesapply:
(1) That the current case plan prepared by or under thesupervision of the department or the probation departmentunder IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4 hasdocumented a compelling reason, based on facts andcircumstances stated in the petition or motion, for concludingthat filing, or proceeding to a final determination of, a petitionto terminate the parent-child relationship is not in the bestinterests of the child. A compelling reason may include the factthat the child is being cared for by a custodian who is a parent,stepparent, grandparent, or responsible adult who is the child'ssibling, aunt, or uncle or a person related (as defined inIC 31-9-2-106.5) to the child who is caring for the child as alegal guardian.
(2) That:
(A) IC 31-34-21-5.6 is not applicable to the child;
(B) the department or the probation department has notprovided family services to the child, parent, or family of thechild in accordance with a currently effective case planprepared under IC 31-34-15 or IC 31-37-19-1.5 or apermanency plan or dispositional decree approved underIC 31-34 or IC 31-37, for the purpose of permitting andfacilitating safe return of the child to the child's home; and
(C) the period for completion of the program of familyservices, as specified in the current case plan, permanencyplan, or decree, has not expired.
(3) That:
(A) IC 31-34-21-5.6 is not applicable to the child;
(B) the department has not provided family services to thechild, parent, or family of the child, in accordance withapplicable provisions of a currently effective case planprepared under IC 31-34-15 or IC 31-37-19-1.5, or apermanency plan or dispositional decree approved underIC 31-34 or IC 31-37; and
(C) the services that the department has not provided aresubstantial and material in relation to implementation of aplan to permit safe return of the child to the child's home.
The motion to dismiss shall specify which of the allegations
described in subdivisions (1) through (3) apply to the motion. If thecourt finds that any of the allegations described in subdivisions (1)through (3) are true, as established by a preponderance of theevidence, the court shall dismiss the petition to terminate theparent-child relationship.
As added by P.L.35-1998, SEC.20. Amended by P.L.200-1999,SEC.30; P.L.146-2008, SEC.616; P.L.131-2009, SEC.66.
IC 31-35-2-5
Representation of state's interests
Sec. 5. Upon the filing of a petition under section 4 of thischapter, the attorney for the department shall represent the interestsof the state in all subsequent proceedings on the petition.
As added by P.L.1-1997, SEC.18. Amended by P.L.146-2008,SEC.617.
IC 31-35-2-6
Request for hearing; time
Sec. 6. Except when a hearing is required after June 30, 1999,under section 4.5 of this chapter, the person filing the petition mayrequest the court to set the petition for a hearing. Whenever a hearingis 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 onehundred eighty (180) days after a petition is filed under thischapter.
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.21;P.L.146-2006, SEC.54.
IC 31-35-2-6.5
Notice of hearing
Sec. 6.5. (a) This section applies to hearings under this chapterrelating to a child in need of services.
(b) At least ten (10) days before a hearing on a petition or motionunder this chapter:
(1) the person or entity who filed the petition to terminate theparent-child relationship under section 4 of this chapter; or
(2) the person or entity who filed a motion to dismiss thepetition to terminate the parent-child relationship under section4.5(d) of this chapter;
shall send notice of the review to the persons listed in subsections (c)and (d).
(c) Except as provided in subsection (h), the following personsshall receive notice of a hearing on a petition or motion filed underthis chapter:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of thechild's parent, guardian, or custodian.
(3) A prospective adoptive parent named in a petition for
adoption of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is requiredunder IC 31-19-9-1 has been executed in the form andmanner required by IC 31-19-9 and filed with the countyoffice or the department;
(B) the court having jurisdiction in the adoption case hasdetermined under an applicable provision of IC 31-19-9 thatconsent to adoption is not required from a parent, guardian,or custodian; or
(C) a petition to terminate the parent-child relationshipbetween the child and any parent who has not executed awritten consent to adoption under IC 31-19-9-2, has beenfiled under IC 31-35 and is pending.
(4) Any other person who:
(A) the department has knowledge is currently providingcare for the child; and
(B) is not required to be licensed under IC 12-17.2 orIC 31-27 to provide care for the child.
(5) Any other suitable relative or person who the departmentknows has had a significant or caretaking relationship to thechild.
(6) Any other party to the child in need of services proceeding.
(d) At least ten (10) days before a hearing on a petition or motionunder this chapter, the department shall provide notice of the hearingto the child's foster parent by:
(1) certified mail; or
(2) face to face contact by the department caseworker.
(e) The court shall provide to a person described in subsection (c)or (d) an opportunity to be heard and make recommendations to thecourt at the hearing. The right to be heard and to makerecommendations under this subsection includes the right of a persondescribed in subsection (c) or (d) to submit a written statement to thecourt that, if served upon all parties to the child in need of servicesproceeding and the persons described in subsections (c) and (d), maybe made a part of the court record.
(f) The court shall continue the hearing if, at the time of thehearing, the department has not provided the court with signedverification from the foster parent, as obtained through subsection(d), that the foster parent has been notified of the hearing at least five(5) business days before the hearing. However, the court is notrequired to continue the hearing if the child's foster parent appearsfor the hearing.
(g) A person described in subsection (c)(2) through (c)(4) orsubsection (d) does not become a party to a proceeding under thischapter as the result of the person's right to notice and theopportunity to be heard under this section.
(h) If the parent of an abandoned child does not disclose theparent's name as allowed by IC 31-34-2.5-1(c), the parent is notrequired to be notified of a hearing described in subsection (c).
As added by P.L.35-1998, SEC.22. Amended by P.L.200-1999,
SEC.31; P.L.133-2000, SEC.9; P.L.217-2001, SEC.12;P.L.145-2006, SEC.328.
IC 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-childrelationship, 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 hasbeen appointed for the child under IC 31-34-10, the court mayreappoint the guardian ad litem or court appointed special advocateto represent and protect the best interests of the child in thetermination proceedings.
As added by P.L.1-1997, SEC.18.
IC 31-35-2-8
Determination
Sec. 8. (a) Except as provided in section 4.5(d) of this chapter, ifthe court finds that the allegations in a petition described in section4 of this chapter are true, the court shall terminate the parent-childrelationship.
(b) If the court does not find that the allegations in the petition aretrue, the court shall dismiss the petition.
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.23.