Indiana § 31-35-1-11 - Default judgment; waiver of notice

§ 31-35-1-11. Default judgment; waiver of notice

Sec. 11. (a) If the court makes findings of fact upon the record that:

(1) one (1) parent has made a valid consent to the termination of the parent-child relationship;

(2) the other parent:

(A) is required under this chapter to consent to the termination of the parent-child relationship;

(B) cannot be located, after a good faith effort has been made to do so, or has been located but fails to appear at the termination hearing; and

(C) has been served with notice of the hearing in the most effective means under the circumstances; and

(3) the investigation that may be required by section 7 of this chapter has been completed and entered on the record;

the court may enter a default judgment against the unavailable parent and terminate as to both parents.

(b) A parent may waive the notice required by subsection (a)(2)(C) if the waiver:

(1) is in writing;

(2) is signed by the parent in the presence of a notary public; and

(3) contains an acknowledgment that:

(A) the waiver is irrevocable; and

(B) the parent will not receive notice of:

(i) adoption; or

(ii) termination of parent-child relationship;

proceedings.

(c) A parent who waives notice under subsection (b) may not challenge or contest:

(1) the termination of the parent-child relationship; or

(2) the child's adoption.

[Pre-1997 Recodification Citation: 31-6-5-2(g).]

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.28; P.L.130-2005, SEC.13.