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.] […]
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: […]
31-35-3-6. Representation of State’s Interests
Sec. 6. (a) The attorney for the department shall represent the interests of the state in all subsequent proceedings on the petition. (b) Upon the filing of a petition under section 4 of this chapter, the attorney for the department shall represent the interests of the state in all subsequent proceedings. [Pre-1997 Recodification Citation: 31-6-5-4.2(a) […]
31-35-3-7. Request for Hearing; Commencement of Hearing; Dismissal of Petition
Sec. 7. (a) The person filing the petition shall request that the court set the petition for a hearing. (b) Whenever a hearing on the petition is requested under this chapter, the court shall commence the hearing not more than ninety (90) days after a petition is filed under this chapter. (c) If a hearing […]
31-35-3-8. Conviction as Prima Facie Evidence
Sec. 8. A showing that an individual has been convicted of an offense described in section 4(1) of this chapter is prima facie evidence that there is a reasonable probability that: (1) the conditions that resulted in the removal of the child from the parent under a court order will not be remedied; or (2) […]
31-35-3-1. Application of Chapter
Sec. 1. This chapter applies to the termination of the parent-child relationship between an individual convicted of an offense listed in section 4(1) of this chapter and a child described in section 4(2) of this chapter. [1997 Recodification Citation: New.] As added by P.L.1-1997, SEC.18.
31-35-3-2. Law Governing Proceedings
Sec. 2. 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. [Pre-1997 Recodification Citation: 31-6-5-1 part.] As added by P.L.1-1997, SEC.18.
31-35-3-3. Jurisdiction
Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate the parent-child relationship under this chapter. [Pre-1997 Recodification Citation: 31-6-5-4.2(a) part.] As added by P.L.1-1997, SEC.18.
31-35-3-4. Petition; Conviction of Certain Offenses
Sec. 4. If: (1) an individual is convicted of the offense of: (A) murder (IC 35-42-1-1); (B) causing suicide (IC 35-42-1-2); (C) voluntary manslaughter (IC 35-42-1-3); (D) involuntary manslaughter (IC 35-42-1-4); (E) rape (IC 35-42-4-1); (F) criminal deviate conduct (IC 35-42-4-2) (repealed); (G) child molesting (IC 35-42-4-3); (H) child exploitation (IC 35-42-4-4); (I) sexual misconduct […]