31-35-5-2. Court Order for Use of Closed Circuit Television
Sec. 2. On the motion of the attorney for the department, the court may order that: (1) the testimony of a child be taken in a room other than the courtroom and be transmitted to the courtroom by closed circuit television; and (2) the questioning of the child by the parties be transmitted to the […]
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 […]
31-35-5-3. Court Order for Use of Videotapes
Sec. 3. On the motion of the attorney for the department, the court may order that the testimony of a child be videotaped for use at proceedings to determine whether the parent-child relationship should be terminated. [Pre-1997 Recodification Citation: 31-6-16-3 part.] As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.333; P.L.146-2008, SEC.622.
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 […]
31-35-3.5-6. Commission 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 […]
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.
31-35-3-2. 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.