US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Indiana Code » Title 31. Family Law and Juvenile Law » Article 35. Juvenile Law: Termination of Parent-Child Relationship » Chapter 3.5. Termination of Parent-Child Relationship of an Individual Who Committed an Act of Rape

31-35-3.5-1. Proceedings

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.

31-35-3.5-2. Jurisdiction 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.

31-35-3.5-3. Petition 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 […]

31-35-3.5-4. Time 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 […]

31-35-3.5-5. Contents 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 […]

31-35-3.5-7. Termination 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 […]

31-35-3.5-9. Emergency 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.