Indiana § 31-35-3-5 - Petition; verification and contents; permanency plan

§ 31-35-3-5. Petition; verification and contents; permanency plan

Sec. 5. (a) The verified petition filed under section 4 of this chapter must:

(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _______________, the parent (or parents)"; and

(2) allege:

(A) that the victim of an offense listed in section 4(1) of this chapter is:

(i) the subject of the petition;

(ii) the biological or adoptive sibling of the subject of the petition; or

(iii) the child of a spouse of the individual whose parent-child relationship is sought to be terminated under this article;

(B) that the individual whose parent-child relationship is sought to be terminated under this article was convicted;

(C) that the child has been removed:

(i) from the parent under a dispositional decree; and

(ii) from the parent's custody for at least six (6) months under a court order;

(D) that one (1) of the following is true:

(i) There is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the parent's home will not be remedied.

(ii) There is a reasonable probability that continuation of the parent-child relationship poses a threat to the well-being of the child.

(iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services;

(E) that termination is in the best interests of the child; and

(F) that there is a satisfactory plan for the care and treatment of the child.

(b) At the time the petitioner files the verified petition described in subsection (a) with the juvenile or probate court, the petitioner shall also file a:

(1) copy of the order approving the permanency plan under IC 31-34-21-7 for the child; or

(2) permanency plan for the child as described by IC 31-34-21-7.5.

[Pre-1997 Recodification Citation: 31-6-5-4.2(b).]

As added by P.L.1-1997, SEC.18. Amended by P.L.21-2010, SEC.9; P.L.42-2017, SEC.3.