Indiana § 31-35-1-12 - Required advisement to parents

§ 31-35-1-12. Required advisement to parents

Sec. 12. For purposes of sections 6 and 8 of this chapter, the parents must be advised that:

(1) their consent is permanent and cannot be revoked or set aside unless it was obtained by fraud or duress or unless the parent is incompetent;

(2) when the court terminates the parent-child relationship:

(A) all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, parenting time, or support pertaining to the relationship, are permanently terminated; and

(B) their consent to the child's adoption is not required;

(3) the parents have a right to the:

(A) care;

(B) custody; and

(C) control;

of their child as long as the parents fulfill their parental obligations;

(4) the parents have a right to a judicial determination of any alleged failure to fulfill their parental obligations in a proceeding to adjudicate their child a delinquent child or a child in need of services;

(5) the parents have a right to assistance in fulfilling their parental obligations after a court has determined that the parents are not doing so;

(6) proceedings to terminate the parent-child relationship against the will of the parents can be initiated only after:

(A) the child has been adjudicated a delinquent child or a child in need of services and removed from their custody following the adjudication; or

(B) a parent has been convicted and imprisoned for an offense listed in IC 31-35-3-4 (or has been convicted and imprisoned for an offense listed in IC 31-6-5-4.2(a) before its repeal), the child has been removed from the custody of the parents under a dispositional decree, and the child has been removed from the custody of the parents for six (6) months under a court order;

(7) the parents are entitled to representation by counsel, provided by the state if necessary, throughout any proceedings to terminate the parent-child relationship against the will of the parents;

(8) the parents will receive notice of the hearing, unless notice is waived under section 5(c) of this chapter, at which the court will decide if their consent was voluntary, and the parents may appear at the hearing and allege that the consent was not voluntary; and

(9) the parents' consent cannot be based upon a promise regarding the child's adoption or contact of any type with the child after the parents voluntarily relinquish their parental rights of the child after entry of an order under this chapter terminating the parent-child relationship.

[Pre-1997 Recodification Citation: 31-6-5-3.]

As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.56; P.L.146-2007, SEC.15; P.L.128-2012, SEC.171; P.L.179-2025, SEC.23.

IC 31-35-1.5Chapter 1.5. Termination of Parent-Child Relationship Involving Safe Haven Infants

31-35-1.5-1Application of chapter 31-35-1.5-2Laws governing procedure 31-35-1.5-3Concurrent jurisdiction of probate and juvenile courts 31-35-1.5-4Filing of petition 31-35-1.5-5Form of petition 31-35-1.5-6Notice to unnamed or unknown putative parent 31-35-1.5-7Verification of notice publication 31-35-1.5-8Conditions under which parents' consent implied 31-35-1.5-9Visitation or custody by parent after establishment of paternity or maternity 31-35-1.5-10Prohibition on court inquiry or investigation regarding parent 31-35-1.5-11Fees charged by child placing agency to prospective adoptive family

IC 31-35-1.5-1Application of chapter Sec. 1. This chapter applies to the termination of a parent-child relationship involving a safe haven infant.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-2Laws governing procedure Sec. 2. Proceedings under this chapter are governed by the procedures prescribed by IC 31-35-1.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-3Concurrent jurisdiction of probate and juvenile courts Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition filed under this chapter for the termination of the parent-child relationship.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-4Filing of petition Sec. 4. (a) The:

(1) department's attorney; or

(2) licensed child placing agency;

shall sign and file a verified petition for the termination of the parent-child relationship not more than fifteen (15) days after taking custody of a safe haven infant.

(b) The petition must:

(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ____________, a Safe Haven Infant"; and

(2) allege that the:

(A) child was left in a newborn safety device or by a parent with an emergency medical services provider; and

(B) termination of the parent-child relationship is:

(i) in the child's best interest; and

(ii) in furtherance of an adoption.

(c) At the time the verified petition described in subsection (a) is filed:

(1) the department's attorney shall also file a permanency plan for the safe haven infant; or

(2) the licensed child placing agency shall also file a recommendation in support of the prospective adoptive parent with whom the safe haven infant is placed.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-5Form of petition Sec. 5. Notice of a petition to terminate the parent-child relationship under section 4 of this chapter must be given to:

(1) each known living parent of a child born in wedlock, including a man who is presumed to be the child's biological father under IC 31-14-7-1, in accordance with IC 31-19-2.5-6; and

(2) an unnamed or unknown putative parent;

in substantially the following form:

"NOTICE TO UNNAMED PARENT

The unnamed putative parent of a ______ (gender) infant that was voluntarily surrendered on ______ (date) in __________ (county) and born on approximately _____ (birth date range), or the person who claims to be a parent of the infant, is notified that a petition to terminate the parent-child relationship was filed in the office of the clerk of _____ court, _____ (address of court).

If the unnamed putative parent seeks to contest the petition to terminate the parent-child relationship of the infant, the unnamed putative parent must file a motion to contest the petition in accordance with IC 31-35-1.5-8 in the above named court within twenty-eight (28) days after the date of service of this notice. This notice may be served by publication.

If the unnamed putative parent does not file a motion to contest the adoption within twenty-eight (28) days after service of this notice, the above named court shall hear and determine the petition to terminate the parent-child relationship. The unnamed putative parent's consent is irrevocably implied and the unnamed putative parent loses the right to contest the petition to terminate the parent-child relationship or the validity of the unnamed putative parent's implied consent to the termination of the parent-child relationship. The unnamed putative parent loses the right to establish a biological relationship with the child in Indiana or any other jurisdiction.

Nothing anyone else says to the unnamed putative parent of the infant relieves the unnamed putative parent of his or her obligations under this notice.

Under Indiana law, a putative parent is a person who claims that he or she may be the father or mother of an infant who has been voluntarily surrendered but who has not yet been legally proven to be the child's father or mother.

This notice complies with IC 31-35-1.5-5 but does not exhaustively set forth the unnamed putative parent's legal obligations under the Indiana adoption statutes. A person being served with this notice should consult the Indiana adoption statutes.".

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-6Notice to unnamed or unknown putative parent Sec. 6. Notice given to an unnamed or unknown putative parent under section 5 of this chapter 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:

(1) the county in which the safe haven infant was voluntarily surrendered; and

(2) each contiguous county to the county described in subdivision (1).

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-7Verification of notice publication Sec. 7. (a) The person whose duty it was to cause the publication under section 6 of this chapter or IC 31-19-2.5-6 shall file an affidavit of publication in the clerk's office.

(b) The affidavit described in subsection (a) must:

(1) be attached to a copy of the notice taken from the newspaper or website in which the notice was published;

(2) be the affidavit of a person who:

(A) is employed by the entity that published the notice; and

(B) is at least eighteen (18) years of age; and

(3) specify the county, the date, and the newspaper or website in which the notice was published.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-8Conditions under which parents' consent implied Sec. 8. Both parents' consent to termination of the parent-child relationship is irrevocably implied without further court action if:

(1) neither parent has filed a petition for custody or responded to the notice to unnamed putative parent published under section 6 of this chapter; and

(2) at least twenty-eight (28) days have passed since the department or the licensed child placing agency has taken custody of the safe haven infant.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-9Visitation or custody by parent after establishment of paternity or maternity Sec. 9. If, after a petition is filed by the department or a licensed child placing agency under section 4 of this chapter, a person contacts the department or a licensed child placing agency and claims to be a putative parent of the safe haven infant, the court may issue an order concerning visitation or custody of the safe haven infant if:

(1) the person undergoes a DNA test (as defined in IC 16-37-2-10); and

(2) the DNA test results establish that the person is a biological parent of the safe haven infant.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-10Prohibition on court inquiry or investigation regarding parent Sec. 10. The court may not inquire about the reasons for the parent's absence or investigate why the parent chose to leave the safe haven infant.

As added by P.L.45-2023, SEC.13.

IC 31-35-1.5-11Fees charged by child placing agency to prospective adoptive family Sec. 11. A licensed child placing agency that files a petition under section 4 of this chapter with respect to a safe haven infant may not charge a prospective adoptive family of the safe haven infant a fee that exceeds the direct costs incurred by the licensed child placing agency for services related to:

(1) the placement of the safe haven infant with the family; and

(2) the licensed child placement agency's participation in the proceedings under this chapter concerning the petition.

As added by P.L.45-2023, SEC.13.

IC 31-35-2Chapter 2. Termination of Parent-Child Relationship Involving a Delinquent Child or a Child in Need of Services

31-35-2-1Application of chapter 31-35-2-2Law governing proceedings 31-35-2-3Jurisdiction 31-35-2-3.5Conditions for filing of petition to terminate parent-child relationship 31-35-2-4Petition to terminate parent-child relationship; filing; required allegations 31-35-2-4.5Petition; filing; motion to dismiss 31-35-2-5Representation of state's interests 31-35-2-6Request for hearing; timing of hearing; dismissal of petition 31-35-2-6.5Notice of hearing 31-35-2-7Guardian ad litem or court appointed special advocate 31-35-2-8Determination; formal order