§ 31-35-1-7 — Inquiry on parents' absence; investigation of fraud, duress, and competency to consent; order for child's care pending outcome of case

(a) Before the court may enter a termination
order, the court:
(1) must inquire about the reasons for the parents' absence; and
(2) may require an investigation by a probation officer to:
(A) determine whether there is any evidence of fraud or duress;
and
(B) establish that the parents were competent to give their
consent.
(b) An investigation conducted under subsection (a) must be entered
on the record under oath by the person responsible for making the
investigation.
(c) If there is any competent evidence of probative value that:
(1) fraud or duress was present when the written consent was
given; or
(2) a parent was incompetent;
the court shall dismiss the petition or continue the proceeding.
(d) The court may issue any appropriate order for the care of the
child pending the outcome of the case.
[Pre-1997 Recodification Citation: 31-6-5-2(c) part.]

Legislative History

As added by P.L.1-1997, SEC.18.