Indiana § 31-19-2-16 - Guardian ad litem pilot program for incapacitated parents

§ 31-19-2-16. Guardian ad litem pilot program for incapacitated parents

Sec. 16. (a) The circuit or superior court exercising jurisdiction over an adoption proceeding in any of the following counties shall establish a guardian ad litem pilot program to appoint a guardian ad litem to represent the interests of an incapacitated parent:

(1) LaPorte County.

(2) Marshall County.

(3) Starke County.

(b) The court shall appoint a guardian ad litem under this section if a parent of a child subject to a petition for adoption:

(1) is an individual with an intellectual disability; and

(2) has a court appointed guardian.

(c) The provisions of IC 31-32-3 concerning the:

(1) representation;

(2) duties;

(3) liabilities; and

(4) appointment;

of a guardian ad litem apply to a guardian ad litem appointed under this section.

(d) The cost and expenses incurred in connection with the appointment of a guardian ad litem are paid by the county upon order of the appointing court.

(e) This section expires July 1, 2026.

As added by P.L.97-2024, SEC.1.

IC 31-19-2.5Chapter 2.5. General Notice Requirements

31-19-2.5-1Application 31-19-2.5-2Notice of adoption 31-19-2.5-3Required notice 31-19-2.5-4Notice not required 31-19-2.5-5Validity of notice 31-19-2.5-6Provision of notice of petition for adoption or petition for termination of parent-child relationship of safe haven infant

IC 31-19-2.5-1Application Sec. 1. This chapter applies to notice given to a:

(1) putative father under IC 31-19-4; and

(2) person under IC 31-19-4.5.

As added by P.L.61-2003, SEC.4.

IC 31-19-2.5-2Notice of adoption Sec. 2. (a) Except as provided in subsection (b), IC 31-19-4 applies to notice given to a putative father and IC 31-19-4.5 applies to notice given to other persons.

(b) If a petition for adoption alleges the consent of a putative father or a parent to the adoption has not been obtained and is unnecessary under:

(1) IC 31-19-9-8(a)(1);

(2) IC 31-19-9-8(a)(2);

(3) IC 31-19-9-8(a)(4)(B);

(4) IC 31-19-9-8(a)(4)(C);

(5) IC 31-19-9-8(a)(9); or

(6) IC 31-19-9-8(a)(11);

notice must be given under IC 31-19-4.5.

As added by P.L.61-2003, SEC.4.

IC 31-19-2.5-3Required notice Sec. 3. (a) Except as provided in section 4 of this chapter, notice must be given to:

(1) a person whose consent to adoption is required under IC 31-19-9-1;

(2) a putative father who is entitled to notice under IC 31-19-4;

(3) a grandparent described in IC 31-19-4.5-1(3) of a child sought to be adopted;

(4) a licensed child placing agency of which the child is a ward;

(5) if the child is the subject of an open or pending child in need of services proceeding under IC 31-34, the local office of the department of child services in the county in which the child in need of services proceeding was filed; and

(6) if the child is a subject of an open or pending juvenile delinquency proceeding under IC 31-37, the entity, facility, or individual of which the child is a ward.

(b) Proof of notice to those under subsection (a) shall be filed with the court in the adoption proceeding before the final adoption hearing can be scheduled.

(c) Failure to provide notice under this section shall require setting aside the adoption decree if challenged by an entity or individual who did not receive notice as required by this section. An adoption decree may be challenged under this subsection for a period of not more than forty-five (45) days after the date the adoption decree is entered.

(d) If notice is provided to the local office of the department of child services under subsection (a)(5), the local office of the department of child services shall provide notice to the court in which the child in need of services proceeding is open or pending. Notice under this subsection:

(1) is solely for the purpose of allowing the court to notify the parties:

(A) that an adoption petition has been filed; and

(B) of the cause number and name of the petitioner for the adoption petition; and

(2) must be provided to the court not later than seven (7) business days after the local office of the department of child services receives notice under subsection (a)(5).

As added by P.L.61-2003, SEC.4. Amended by P.L.97-2004, SEC.108; P.L.1-2007, SEC.195; P.L.128-2012, SEC.47; P.L.16-2017, SEC.2; P.L.190-2017, SEC.2; P.L.203-2021, SEC.5; P.L.116-2026, SEC.1.

IC 31-19-2.5-4Notice not required Sec. 4. Notice of the pendency of the adoption proceedings does not have to be given to:

(1) a person whose consent to adoption has been filed with the court;

(2) a person whose consent to adoption is not required by:

(A) IC 31-19-9-8(a)(4)(A);

(B) IC 31-19-9-8(a)(4)(D);

(C) IC 31-19-9-8(a)(5);

(D) IC 31-19-9-8(a)(6);

(E) IC 31-19-9-8(a)(7);

(F) IC 31-19-9-8(a)(8);

(G) IC 31-19-9-9;

(H) IC 31-19-9-10;

(I) IC 31-19-9-12;

(J) IC 31-19-9-15; or

(K) IC 31-19-9-18;

(3) the hospital of an infant's birth or a hospital to which an infant is transferred for medical reasons after birth if the infant is being adopted at or shortly after birth;

(4) a person whose parental rights have been terminated before the entry of a final decree of adoption; or

(5) a person who has waived notice under:

(A) IC 31-19-4-8; or

(B) IC 31-19-4.5-4.

As added by P.L.61-2003, SEC.4. Amended by P.L.58-2009, SEC.9; P.L.203-2021, SEC.6.

IC 31-19-2.5-5Validity of notice Sec. 5. A notice served in accordance with IC 31-19-4 or IC 31-19-4.5 is valid regardless of whether the notice is served within or outside Indiana.

As added by P.L.146-2007, SEC.3.

IC 31-19-2.5-6Provision of notice of petition for adoption or petition for termination of parent-child relationship of safe haven infant Sec. 6. (a) Except as provided in subsections (b) and (c), notice may be given to an individual under IC 31-19-4-1, IC 31-19-4-2, IC 31-19-4.5-2, IC 31-19-5-4, IC 31-19-5-7, or IC 31-35-1.5 by:

(1) sending a copy of the notice to:

(A) the individual's residence;

(B) the individual's place of business or employment; or

(C) any other address at which the individual may be found;

by certified mail, public delivery service, or other public means that allow the sender to obtain a written acknowledgment of receipt, with return receipt requested;

(2) personally delivering a copy of the notice to the individual;

(3) leaving a copy of the notice at, and sending another copy of the notice by first class mail to:

(A) the individual's dwelling, house, or usual place of residence;

(B) the individual's place of business or employment; or

(C) any other address at which the individual may be found; or

(4) giving notice by any other means that allows the individual's receipt of the notice to reasonably be confirmed.

(b) Notice shall be given under IC 31-19-4-1, IC 31-19-4-2, IC 31-19-4.5-2, IC 31-19-5-4, IC 31-19-5-7, or IC 31-35-1.5 to an individual who is imprisoned or detained in an institution by delivering or mailing a copy of the notice to the official in charge of the institution. The official in charge of the institution shall:

(1) immediately deliver the notice to the individual;

(2) allow the individual to make provisions for adequate representation by counsel; and

(3) indicate in an affidavit of service that the individual has received the notice and been given an opportunity to retain counsel.

(c) If a petitioner for adoption of a child or a petitioner for the termination of the parent-child relationship of a safe haven infant (under IC 31-35-1.5) does not know the address of an individual entitled to notice under IC 31-19-4-3, IC 31-19-4.5-2, or IC 31-35-1.5-5, the notice must be provided to the individual as follows:

(1) If the petitioner knows the county in which the individual resides, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in the county.

(2) If the petitioner does not know the county in which the individual resides, the notice must be published as follows:

(A) If the child or safe haven infant is less than sixty (60) days of age at the time the petition for adoption or petition for the termination of the parent-child relationship of a safe haven infant is filed, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in the county in which the child was conceived or in which the safe haven infant was voluntarily surrendered.

(B) If the child is at least sixty (60) days of age but less than six (6) months of age at the time the petition for adoption is filed, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of:

(i) a newspaper of general circulation in the county in which the child lived for the greatest proportion of the first six (6) months of the child's life; and

(ii) a newspaper of general circulation in the county in which the child was conceived, if different from the county described in item (i).

(C) If the child is six (6) months of age or older at the time the petition for adoption is filed, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in the county in which the child lived for the greatest proportion of the six (6) month period ending on the date on which the petition for adoption is filed.

(d) If an individual:

(1) is served with notice of an adoption or notice to terminate the parent-child relationship of a safe haven infant;

(2) is notified that:

(A) the individual is being served with notice; and

(B) if the individual refuses to accept the offer or tender of the notice, the offer or tender of the notice is adequate service of the notice, and the individual may not challenge the service of the notice; and

(3) refuses to accept the offer or tender of the notice;

the offer or tender of the notice is adequate service of the notice, and the individual may not challenge the service of the notice.

(e) A person accepting service of notice for another individual under this section:

(1) shall promptly deliver the notice to the individual;

(2) shall promptly notify the individual that the person is in possession of the notice; or

(3) if the person is not able to deliver the notice to the individual, shall, not later than three (3) days after accepting the notice, notify the attorney or adoption agency attempting to serve the notice that the person was unable to deliver the notice to the individual.

(f) An individual to whom service is made or attempted under this section may not impose a sanction, penalty, or punishment on, or discriminate in any manner whatsoever against, the individual serving or attempting to serve the notice. Willful violation of this section is punishable as contempt of the court with jurisdiction over the adoption proceeding.

As added by P.L.203-2021, SEC.7. Amended by P.L.45-2023, SEC.3; P.L.9-2024, SEC.496; P.L.30-2025, SEC.5.

IC 31-19-3Chapter 3. Notice of Adoption Before Birth of Child

31-19-3-1Prebirth notice to putative father 31-19-3-2Notice not compelling adoptive placement 31-19-3-3Affidavit of service of actual notice 31-19-3-4Form of notice 31-19-3-5Putative father's notice of paternity action 31-19-3-6Adoptive parents' intervention in paternity action 31-19-3-7Vacation of paternity determination; intervention by adoptive parents 31-19-3-8Applicability of Rules of Trial Procedure 31-19-3-9Validity of notice; putative father residing outside Indiana