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 […]
31-35-3.5-8. Appointment 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.
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.
31-35-3.5-10. Notice 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 […]
31-35-3.5-11. Court 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.
31-35-3.5-12. Court 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, […]
31-35-4-1. Application of Chapter
Sec. 1. This chapter applies to an action initiated to terminate a parent-child relationship under: (1) IC 31-35-2; or (2) IC 31-35-3. [Pre-1997 Recodification Citation: 31-6-15-1 part.] As added by P.L.1-1997, SEC.18.
31-35-4-2. Admissibility of Statements or Videotapes
Sec. 2. A statement or videotape that: (1) is made by a child who at the time of the statement or videotape: (A) is less than fourteen (14) years of age; or (B) is at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to […]
31-35-4-3. Requirements for Admissibility of Statements or Videotapes
Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether the parent-child relationship should be terminated if, after notice to the parties of a hearing and of their right to be present: (1) the court finds that the time, content, and circumstances […]
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.] […]