§ 31-35-2-3.5 — Conditions for filing of petition to terminate parent-child relationship

Indiana § 31-35-2-3.5

• Jurisdiction: Indiana
• Art. 35: JUVENILE LAW: TERMINATION OF
• Ch. 2: Termination of Parent-Child Relationship Involving a

Text

5. (a) The department shall, and any of the
following individuals may, file a petition under section 4 of this chapter
with regard to a child and the child's parent if one (1) or more of the
circumstances described in subsection (b) occur:
(1) The child's guardian ad litem or court appointed special
advocate.
(2) An individual:
(A) with whom the child is placed during the child in need of
services proceedings; and
(B) who is an intervenor in the child in need of services
proceedings.
(b) The circumstances under which the department shall, or an
individual described in subsection (a) may, file a petition under
subsection (a) are as follows:
(1) Federal law requires the filing of a petition under section 4 of
this chapter with regard to the child.
(2) The parent:
(A) either:
(i) has not completed; or
(ii) has not benefited from;
reunification services in which the parent was ordered to
participate under the child's dispositional decree; and
(B) either:
(i) has not been granted an extension of the reunification
services under IC 31-34-20-1.6; or
(ii) has exhausted all extensions of the reunification services
available under IC 31-34-20-1.6.
(3) A previous petition was filed under section 4 of this chapter
with regard to the child and was subsequently dismissed under
section 4.5 of this chapter, and ninety (90) days or more have
elapsed since the petition was dismissed.

Legislative History

As added by P.L.179-2025, SEC.24.