IC 31-35-3
    Chapter 3. Termination of Parent-Child Relationship WithIndividual Convicted of Criminal Offense

IC 31-35-3-1
Application of chapter
    Sec. 1. This chapter applies to the termination of the parent-childrelationship between an individual convicted of an offense listed insection 4(1) of this chapter and a child described in section 4(2) ofthis chapter.
As added by P.L.1-1997, SEC.18.

IC 31-35-3-2
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 31-35-3-3
Jurisdiction
    Sec. 3. The probate court has concurrent original jurisdiction withthe juvenile court in proceedings on a petition to terminate theparent-child relationship under this chapter.
As added by P.L.1-1997, SEC.18.

IC 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);
            (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 theoffense; 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 thecourt appointed special advocate may file a petition with the juvenileor probate court to terminate the parent-child relationship of theindividual who has committed the offense with the victim of theoffense, the victim's siblings, or any biological or adoptive child ofthat individual.
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,SEC.329; P.L.146-2008, SEC.618.

IC 31-35-3-5
Petition; verification and contents
    Sec. 5. The verified petition filed under section 4 of this chaptermust:
        (1) be entitled "In the Matter of the Termination of theParent-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 thischapter is:
                (i) the subject of the petition;
                (ii) the biological or adoptive sibling of the subject of thepetition; or
                (iii) the child of a spouse of the individual whoseparent-child relationship is sought to be terminated underthis article;
            (B) that the individual whose parent-child relationship issought 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) monthsunder a court order;
            (D) 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 parent's home will not be remedied.
                (ii) There is a reasonable probability that continuation ofthe 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;
            (E) that termination is in the best interests of the child; and
            (F) that there is a satisfactory plan for the care and treatmentof the child.
As added by P.L.1-1997, SEC.18. Amended by P.L.21-2010, SEC.9.

IC 31-35-3-6
Representation of state's interests
    Sec. 6. (a) The attorney for the department shall represent theinterests 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 thestate in all subsequent proceedings.
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,SEC.330; P.L.146-2008, SEC.619.

IC 31-35-3-7
Request for hearing; time
    Sec. 7. (a) The person filing the petition may request that the courtset the petition for a hearing.
    (b) Whenever a hearing on the petition is requested under thischapter, the court shall commence the hearing not more than ninety(90) days after a petition is filed under this chapter.
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.24.

IC 31-35-3-8
Conviction as prima facie evidence
    Sec. 8. A showing that an individual has been convicted of anoffense described in section 4(1) of this chapter is prima facieevidence that there is a reasonable probability that:
        (1) the conditions that resulted in the removal of the child fromthe parent under a court order will not be remedied; or
        (2) continuation of the parent-child relationship poses a threatto the well-being of the child.
As added by P.L.1-1997, SEC.18.

IC 31-35-3-9
Determination
    Sec. 9. (a) If the court finds that the allegations in a petitiondescribed in section 4 of this chapter are true, the court shallterminate the parent-child relationship.
    (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.