§ 31-35-1-11 — Default judgment; waiver of notice

(a) If the court makes findings of fact upon
the record that:
(1) one (1) parent has made a valid consent to the termination of
the parent-child relationship;
(2) the other parent:
(A) is required under this chapter to consent to the termination
of the parent-child relationship;
(B) cannot be located, after a good faith effort has been made
to do so, or has been located but fails to appear at the
termination hearing; and
(C) has been served with notice of the hearing in the most
effective means under the circumstances; and
(3) the investigation that may be required by section 7 of this
chapter has been completed and entered on the record;
the court may enter a default judgment against the unavailable parent
and terminate as to both parents.
(b) A parent may waive the notice required by subsection (a)(2)(C)
if the waiver:
(1) is in writing;
(2) is signed by the parent in the presence of a notary public; and
(3) contains an acknowledgment that:
(A) the waiver is irrevocable; and
(B) the parent will not receive notice of:
(i) adoption; or
(ii) termination of parent-child relationship;
proceedings.
(c) A parent who waives notice under subsection (b) may not
challenge or contest:
(1) the termination of the parent-child relationship; or
(2) the child's adoption.
[Pre-1997 Recodification Citation: 31-6-5-2(g).]

Legislative History

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.28; P.L.130-2005, SEC.13.