IC 31-19-11
Chapter 11. Disposition of Petition for Adoption; Adoption
Decree
IC 31-19-11-1 Decree; affidavit; felony convictions
Sec. 1. (a) Whenever the court has heard the evidence and finds
that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with
the court an affidavit prepared by the state department of health
under IC 31-19-5-16 indicating whether a man is entitled to
notice of the adoption because the man has registered with the
putative father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting
the child as the result of an inappropriate criminal history
described in subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office
of family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the state department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the
health and safety of a child by a petitioner for adoption is a
permissible basis for the court to deny the petition for adoption. In
addition, the court may not grant an adoption if a petitioner for
adoption has been convicted of any of the felonies, or convicted of
an attempt or conspiracy to commit any of the felonies, described as
follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(8) Aggravated battery (IC 35-42-2-1.5).
(9) Kidnapping (IC 35-42-3-2).
(10) Criminal confinement (IC 35-42-3-3).
(11) A felony sex offense under IC 35-42-4.
(12) Carjacking (IC 35-42-5-2).
(13) Arson (IC 35-43-1-1).
(14) Incest (IC 35-46-1-3).
(15) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(16) Child selling (IC 35-46-1-4(d)).
(17) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(18) A felony relating to controlled substances under
IC 35-48-4.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(20) A felony under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (19).
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (12), (13), (17), or
(18), or its equivalent under subdivision (20), if the offense was not
committed within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5). As added by P.L.1-1997, SEC.11. Amended by P.L.257-1997(ss),
SEC.38; P.L.200-1999, SEC.23; P.L.1-2002, SEC.126;
P.L.123-2002, SEC.29; P.L.129-2005, SEC.3; P.L.140-2006, SEC.17
and P.L.173-2006, SEC.17; P.L.145-2006, SEC.253; P.L.1-2007,
SEC.196; P.L.138-2007, SEC.44; P.L.216-2007, SEC.34;
P.L.3-2008, SEC.238; P.L.21-2010, SEC.7.
IC 31-19-11-2 Custody provision in decree
Sec. 2. If the child is a ward of:
(1) a guardian;
(2) an agency; or
(3) the department;
the court shall provide for the custody of the child in the adoption
decree. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008,
SEC.560.
IC 31-19-11-3 Request for financial assistance; determination of eligibility for
financial assistance
Sec. 3. (a) If the petition for adoption contained a request for
financial assistance, the court shall refer the petitioner to the
department to complete and submit to the department the Indiana
Adoption Program application for a determination of eligibility for:
(1) adoption assistance under 42 U.S.C. 673, including
applicable federal and state regulations; or
(2) an adoption subsidy under IC 31-19-26.5.
(b) The department shall determine the eligibility of the adoptive
child for financial assistance and the amount of assistance, if any,
that will be provided.
(c) The court may not order payment of:
(1) adoption assistance under 42 U.S.C. 673; or
(2) any adoption subsidy under IC 31-19-26.5. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008,
SEC.561; P.L.131-2009, SEC.22.
IC 31-19-11-4 Names
Sec. 4. If a new name is requested in a petition for adoption, upon
the entry of an adoption decree the child shall take the name
requested. As added by P.L.1-1997, SEC.11.
IC 31-19-11-5 Dismissal of petition; gradual change of custody
Sec. 5. (a) If the court dismisses a petition for adoption, the court
shall determine the person who should have custody of the child.
(b) If the court determines that it is necessary to change the child's
custody to another person, regardless of the person's right to
immediate custody, the court may order a plan for a gradual change
of custody to ease the child's transition unless the gradual change of
custody would:
(1) endanger the child's physical health; or
(2) significantly impair the child's emotional development.
(c) The court may do the following:
(1) Implement a change of custody under this section by
gradually increasing the child's visitation with each person who
is entitled to custody.
(2) Order counseling for the child and the persons involved in
the change of custody so that a plan for the gradual change of
custody may be developed and implemented.
(3) Consult with the counselor who assists the persons in
developing the plan to determine an order for the gradual
change of custody that meets the child's best interests. As added by P.L.1-1997, SEC.11.
IC 31-19-11-6 Pendency of appeal
Sec. 6. The court may hear and grant a petition for adoption even
if an appeal of a decision regarding the termination of the
parent-child relationship is pending. As added by P.L.1-1997, SEC.11.
IC 31-19-11
Chapter 11. Disposition of Petition for Adoption; Adoption
Decree
IC 31-19-11-1 Decree; affidavit; felony convictions
Sec. 1. (a) Whenever the court has heard the evidence and finds
that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with
the court an affidavit prepared by the state department of health
under IC 31-19-5-16 indicating whether a man is entitled to
notice of the adoption because the man has registered with the
putative father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting
the child as the result of an inappropriate criminal history
described in subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office
of family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the state department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the
health and safety of a child by a petitioner for adoption is a
permissible basis for the court to deny the petition for adoption. In
addition, the court may not grant an adoption if a petitioner for
adoption has been convicted of any of the felonies, or convicted of
an attempt or conspiracy to commit any of the felonies, described as
follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(8) Aggravated battery (IC 35-42-2-1.5).
(9) Kidnapping (IC 35-42-3-2).
(10) Criminal confinement (IC 35-42-3-3).
(11) A felony sex offense under IC 35-42-4.
(12) Carjacking (IC 35-42-5-2).
(13) Arson (IC 35-43-1-1).
(14) Incest (IC 35-46-1-3).
(15) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(16) Child selling (IC 35-46-1-4(d)).
(17) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(18) A felony relating to controlled substances under
IC 35-48-4.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(20) A felony under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (19).
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (12), (13), (17), or
(18), or its equivalent under subdivision (20), if the offense was not
committed within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5). As added by P.L.1-1997, SEC.11. Amended by P.L.257-1997(ss),
SEC.38; P.L.200-1999, SEC.23; P.L.1-2002, SEC.126;
P.L.123-2002, SEC.29; P.L.129-2005, SEC.3; P.L.140-2006, SEC.17
and P.L.173-2006, SEC.17; P.L.145-2006, SEC.253; P.L.1-2007,
SEC.196; P.L.138-2007, SEC.44; P.L.216-2007, SEC.34;
P.L.3-2008, SEC.238; P.L.21-2010, SEC.7.
IC 31-19-11-2 Custody provision in decree
Sec. 2. If the child is a ward of:
(1) a guardian;
(2) an agency; or
(3) the department;
the court shall provide for the custody of the child in the adoption
decree. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008,
SEC.560.
IC 31-19-11-3 Request for financial assistance; determination of eligibility for
financial assistance
Sec. 3. (a) If the petition for adoption contained a request for
financial assistance, the court shall refer the petitioner to the
department to complete and submit to the department the Indiana
Adoption Program application for a determination of eligibility for:
(1) adoption assistance under 42 U.S.C. 673, including
applicable federal and state regulations; or
(2) an adoption subsidy under IC 31-19-26.5.
(b) The department shall determine the eligibility of the adoptive
child for financial assistance and the amount of assistance, if any,
that will be provided.
(c) The court may not order payment of:
(1) adoption assistance under 42 U.S.C. 673; or
(2) any adoption subsidy under IC 31-19-26.5. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008,
SEC.561; P.L.131-2009, SEC.22.
IC 31-19-11-4 Names
Sec. 4. If a new name is requested in a petition for adoption, upon
the entry of an adoption decree the child shall take the name
requested. As added by P.L.1-1997, SEC.11.
IC 31-19-11-5 Dismissal of petition; gradual change of custody
Sec. 5. (a) If the court dismisses a petition for adoption, the court
shall determine the person who should have custody of the child.
(b) If the court determines that it is necessary to change the child's
custody to another person, regardless of the person's right to
immediate custody, the court may order a plan for a gradual change
of custody to ease the child's transition unless the gradual change of
custody would:
(1) endanger the child's physical health; or
(2) significantly impair the child's emotional development.
(c) The court may do the following:
(1) Implement a change of custody under this section by
gradually increasing the child's visitation with each person who
is entitled to custody.
(2) Order counseling for the child and the persons involved in
the change of custody so that a plan for the gradual change of
custody may be developed and implemented.
(3) Consult with the counselor who assists the persons in
developing the plan to determine an order for the gradual
change of custody that meets the child's best interests. As added by P.L.1-1997, SEC.11.
IC 31-19-11-6 Pendency of appeal
Sec. 6. The court may hear and grant a petition for adoption even
if an appeal of a decision regarding the termination of the
parent-child relationship is pending. As added by P.L.1-1997, SEC.11.
IC 31-19-11
Chapter 11. Disposition of Petition for Adoption; Adoption
Decree
IC 31-19-11-1 Decree; affidavit; felony convictions
Sec. 1. (a) Whenever the court has heard the evidence and finds
that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with
the court an affidavit prepared by the state department of health
under IC 31-19-5-16 indicating whether a man is entitled to
notice of the adoption because the man has registered with the
putative father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting
the child as the result of an inappropriate criminal history
described in subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office
of family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the state department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the
health and safety of a child by a petitioner for adoption is a
permissible basis for the court to deny the petition for adoption. In
addition, the court may not grant an adoption if a petitioner for
adoption has been convicted of any of the felonies, or convicted of
an attempt or conspiracy to commit any of the felonies, described as
follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(8) Aggravated battery (IC 35-42-2-1.5).
(9) Kidnapping (IC 35-42-3-2).
(10) Criminal confinement (IC 35-42-3-3).
(11) A felony sex offense under IC 35-42-4.
(12) Carjacking (IC 35-42-5-2).
(13) Arson (IC 35-43-1-1).
(14) Incest (IC 35-46-1-3).
(15) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(16) Child selling (IC 35-46-1-4(d)).
(17) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(18) A felony relating to controlled substances under
IC 35-48-4.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(20) A felony under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (19).
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (12), (13), (17), or
(18), or its equivalent under subdivision (20), if the offense was not
committed within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5). As added by P.L.1-1997, SEC.11. Amended by P.L.257-1997(ss),
SEC.38; P.L.200-1999, SEC.23; P.L.1-2002, SEC.126;
P.L.123-2002, SEC.29; P.L.129-2005, SEC.3; P.L.140-2006, SEC.17
and P.L.173-2006, SEC.17; P.L.145-2006, SEC.253; P.L.1-2007,
SEC.196; P.L.138-2007, SEC.44; P.L.216-2007, SEC.34;
P.L.3-2008, SEC.238; P.L.21-2010, SEC.7.
IC 31-19-11-2 Custody provision in decree
Sec. 2. If the child is a ward of:
(1) a guardian;
(2) an agency; or
(3) the department;
the court shall provide for the custody of the child in the adoption
decree. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008,
SEC.560.
IC 31-19-11-3 Request for financial assistance; determination of eligibility for
financial assistance
Sec. 3. (a) If the petition for adoption contained a request for
financial assistance, the court shall refer the petitioner to the
department to complete and submit to the department the Indiana
Adoption Program application for a determination of eligibility for:
(1) adoption assistance under 42 U.S.C. 673, including
applicable federal and state regulations; or
(2) an adoption subsidy under IC 31-19-26.5.
(b) The department shall determine the eligibility of the adoptive
child for financial assistance and the amount of assistance, if any,
that will be provided.
(c) The court may not order payment of:
(1) adoption assistance under 42 U.S.C. 673; or
(2) any adoption subsidy under IC 31-19-26.5. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008,
SEC.561; P.L.131-2009, SEC.22.
IC 31-19-11-4 Names
Sec. 4. If a new name is requested in a petition for adoption, upon
the entry of an adoption decree the child shall take the name
requested. As added by P.L.1-1997, SEC.11.
IC 31-19-11-5 Dismissal of petition; gradual change of custody
Sec. 5. (a) If the court dismisses a petition for adoption, the court
shall determine the person who should have custody of the child.
(b) If the court determines that it is necessary to change the child's
custody to another person, regardless of the person's right to
immediate custody, the court may order a plan for a gradual change
of custody to ease the child's transition unless the gradual change of
custody would:
(1) endanger the child's physical health; or
(2) significantly impair the child's emotional development.
(c) The court may do the following:
(1) Implement a change of custody under this section by
gradually increasing the child's visitation with each person who
is entitled to custody.
(2) Order counseling for the child and the persons involved in
the change of custody so that a plan for the gradual change of
custody may be developed and implemented.
(3) Consult with the counselor who assists the persons in
developing the plan to determine an order for the gradual
change of custody that meets the child's best interests. As added by P.L.1-1997, SEC.11.
IC 31-19-11-6 Pendency of appeal
Sec. 6. The court may hear and grant a petition for adoption even
if an appeal of a decision regarding the termination of the
parent-child relationship is pending. As added by P.L.1-1997, SEC.11.
