IC 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. As added by P.L.1-1997, SEC.18.
IC 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. As added by P.L.1-1997, SEC.18.
IC 31-35-4-3 Requirements for admissibility of statements or videotapes
Sec. 3. A statement or videotape described in section 2 of this
chapter is admissible in evidence in an action to determine whether
the parent-child relationship should be terminated if, after notice to
the parties of a hearing and of their right to be present:
(1) the court finds that the time, content, and circumstances of
the statement or videotape and any other evidence provide
sufficient indications of reliability; and
(2) the child:
(A) testifies at the proceeding to determine whether the
parent-child relationship should be terminated;
(B) was available for face-to-face cross-examination when
the statement or videotape was made; or
(C) is found by the court to be unavailable as a witness
because:
(i) a psychiatrist, physician, or psychologist has certified
that the child's participation in the proceeding creates a
substantial likelihood of emotional or mental harm to the
child;
(ii) a physician has certified that the child cannot
participate in the proceeding for medical reasons; or
(iii) the court has determined that the child is incapable of
understanding the nature and obligation of an oath. As added by P.L.1-1997, SEC.18.
IC 31-35-4-4 Informing parties of intention to introduce and contents of
statements and videotapes
Sec. 4. A statement or videotape may not be admitted in evidence
under this chapter unless the attorney for the department informs the
parties of:
(1) an intention to introduce the statement or videotape in
evidence; and
(2) the content of the statement or videotape;
at least seven (7) days before the proceedings to give the parties a
fair opportunity to prepare a response to the statement or videotape
before the proceeding. As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.331; P.L.146-2008, SEC.620.
IC 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. As added by P.L.1-1997, SEC.18.
IC 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. As added by P.L.1-1997, SEC.18.
IC 31-35-4-3 Requirements for admissibility of statements or videotapes
Sec. 3. A statement or videotape described in section 2 of this
chapter is admissible in evidence in an action to determine whether
the parent-child relationship should be terminated if, after notice to
the parties of a hearing and of their right to be present:
(1) the court finds that the time, content, and circumstances of
the statement or videotape and any other evidence provide
sufficient indications of reliability; and
(2) the child:
(A) testifies at the proceeding to determine whether the
parent-child relationship should be terminated;
(B) was available for face-to-face cross-examination when
the statement or videotape was made; or
(C) is found by the court to be unavailable as a witness
because:
(i) a psychiatrist, physician, or psychologist has certified
that the child's participation in the proceeding creates a
substantial likelihood of emotional or mental harm to the
child;
(ii) a physician has certified that the child cannot
participate in the proceeding for medical reasons; or
(iii) the court has determined that the child is incapable of
understanding the nature and obligation of an oath. As added by P.L.1-1997, SEC.18.
IC 31-35-4-4 Informing parties of intention to introduce and contents of
statements and videotapes
Sec. 4. A statement or videotape may not be admitted in evidence
under this chapter unless the attorney for the department informs the
parties of:
(1) an intention to introduce the statement or videotape in
evidence; and
(2) the content of the statement or videotape;
at least seven (7) days before the proceedings to give the parties a
fair opportunity to prepare a response to the statement or videotape
before the proceeding. As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.331; P.L.146-2008, SEC.620.
IC 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. As added by P.L.1-1997, SEC.18.
IC 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. As added by P.L.1-1997, SEC.18.
IC 31-35-4-3 Requirements for admissibility of statements or videotapes
Sec. 3. A statement or videotape described in section 2 of this
chapter is admissible in evidence in an action to determine whether
the parent-child relationship should be terminated if, after notice to
the parties of a hearing and of their right to be present:
(1) the court finds that the time, content, and circumstances of
the statement or videotape and any other evidence provide
sufficient indications of reliability; and
(2) the child:
(A) testifies at the proceeding to determine whether the
parent-child relationship should be terminated;
(B) was available for face-to-face cross-examination when
the statement or videotape was made; or
(C) is found by the court to be unavailable as a witness
because:
(i) a psychiatrist, physician, or psychologist has certified
that the child's participation in the proceeding creates a
substantial likelihood of emotional or mental harm to the
child;
(ii) a physician has certified that the child cannot
participate in the proceeding for medical reasons; or
(iii) the court has determined that the child is incapable of
understanding the nature and obligation of an oath. As added by P.L.1-1997, SEC.18.
IC 31-35-4-4 Informing parties of intention to introduce and contents of
statements and videotapes
Sec. 4. A statement or videotape may not be admitted in evidence
under this chapter unless the attorney for the department informs the
parties of:
(1) an intention to introduce the statement or videotape in
evidence; and
(2) the content of the statement or videotape;
at least seven (7) days before the proceedings to give the parties a
fair opportunity to prepare a response to the statement or videotape
before the proceeding. As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.331; P.L.146-2008, SEC.620.
