Indiana § 31-35-3-9 - Determination

§ 31-35-3-9. Determination

Sec. 9. (a) If the court finds that the allegations in a petition described in section 4 of this chapter are true, the court shall terminate the parent-child relationship.

(b) If the court does not find that the allegations in the petition are true, the court shall dismiss the petition.

[Pre-1997 Recodification Citation: 31-6-5-4.3 part.]

As added by P.L.1-1997, SEC.18.

IC 31-35-3.5Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape

31-35-3.5-1Proceedings 31-35-3.5-2Jurisdiction of probate court 31-35-3.5-3Petition to terminate parental rights 31-35-3.5-4Time limits for filing petition 31-35-3.5-5Contents of petition 31-35-3.5-6Commission of rape is prima facie evidence that termination of parental rights is in the best interests of a child conceived as a result of the rape 31-35-3.5-7Termination of parental rights; burden of proof 31-35-3.5-8Appointment of guardian ad litem or court appointed special advocate 31-35-3.5-9Emergency custody orders 31-35-3.5-10Notice to county department of child services; department's duty to notify court of any other pending petition to terminate parental rights with respect to the same child 31-35-3.5-11Court shall stay proceedings until disposition of any other pending petition to terminate parental rights with respect to the same child 31-35-3.5-12Court in which petition to terminate parental rights was pending shall send a notice of the entry of disposition to a court that has stayed proceedings pending disposition

IC 31-35-3.5-1Proceedings Sec. 1. Proceedings under this chapter are governed by the procedures prescribed by:

(1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15;

(2) IC 31-34; and

(3) IC 31-37;

but are distinct from proceedings under IC 31-34 and IC 31-37.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-2Jurisdiction of probate court Sec. 2. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate a parent-child relationship under this chapter.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-3Petition to terminate parental rights Sec. 3. Subject to section 4 of this chapter, if a child was conceived as a result of an act of rape, the parent who is the victim of the act of rape may file a verified petition with the juvenile or probate court to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-4Time limits for filing petition Sec. 4. (a) A parent who:

(1) is the victim of an act of rape; and

(2) is at least eighteen (18) years of age at the time the act of rape occurred;

may not file a petition for termination of the parent-child relationship under this chapter more than one hundred eighty (180) days after the birth of the child.

(b) A parent who:

(1) is the victim of an act of rape; and

(2) is less than eighteen (18) years of age at the time the act of rape occurred;

may not file a petition for termination of the parent-child relationship under this chapter more than two (2) years after reaching eighteen (18) years of age.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-5Contents of petition Sec. 5. The verified petition filed under section 3 of this chapter must:

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

(2) allege:

(A) that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship;

(B) that the child was conceived as a result of the act of rape described under clause (A); and

(C) that the termination of the parent-child relationship between the alleged perpetrator and the child is in the best interests of the child.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-6Commission of rape is prima facie evidence that termination of parental rights is in the best interests of a child conceived as a result of the rape Sec. 6. A showing by clear and convincing evidence that:

(1) the alleged perpetrator committed an act of rape against a parent described in section 5(2)(A) of this chapter; and

(2) the child was conceived as a result of the act of rape;

is prima facie evidence that termination of the parent-child relationship between the alleged perpetrator and the child is in the best interests of the child.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-7Termination of parental rights; burden of proof Sec. 7. (a) The court shall terminate the parent-child relationship if the court finds:

(1) by clear and convincing evidence that the allegations in a petition described in section 5(2)(A) and 5(2)(B) of this chapter are true; and

(2) that termination of the parent-child relationship is in the best interests of the child.

(b) If the court does not find either element in subsection (a), the court shall deny the petition.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-8Appointment of guardian ad litem or court appointed special advocate Sec. 8. The court may appoint:

(1) a guardian ad litem;

(2) a court appointed special advocate; or

(3) both a guardian ad litem and a court appointed special advocate;

for a child in a proceeding under this chapter, as provided in IC 31-17-6-1.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-9Emergency custody orders Sec. 9. The court may issue an emergency custody order removing the child from the custody of the alleged perpetrator of the act of rape if the court finds it is in the best interests of the child.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-10Notice to county department of child services; department's duty to notify court of any other pending petition to terminate parental rights with respect to the same child Sec. 10. (a) The court shall send notice of the petition at the time of filing to the department of child services in the county in which the petition is filed.

(b) If the department of child services:

(1) receives a notice under subsection (a); and

(2) determines that the child who is the subject of the petition for termination of the parent-child relationship is the subject of a child in need of services petition in another court;

the department of child services shall notify the court in which the petition for termination of the parent-child relationship is pending of the pending child in need of services petition.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-11Court shall stay proceedings until disposition of any other pending petition to terminate parental rights with respect to the same child Sec. 11. If a court receives a notice from the department of child services under section 10(b) of this chapter, the court shall stay the proceeding for termination of the parent-child relationship until the court in which the child in need of services petition is pending enters a dispositional decree.

As added by P.L.64-2016, SEC.3.

IC 31-35-3.5-12Court in which petition to terminate parental rights was pending shall send a notice of the entry of disposition to a court that has stayed proceedings pending disposition Sec. 12. A court in which a child in need of services petition is pending shall notify a court in which a proceeding has been stayed under section 11 of this chapter of a dispositional decree not later than ten (10) days after the date the court enters the dispositional decree.

As added by P.L.64-2016, SEC.3.

IC 31-35-4Chapter 4. Child Videotape Testimony

31-35-4-1Application of chapter 31-35-4-2Admissibility of statements or videotapes 31-35-4-3Requirements for admissibility of statements or videotapes 31-35-4-4Informing parties of intention to introduce and contents of statements and videotapes