§ 31-35-2-4 — Petition to terminate parent-child relationship; filing; required allegations

(a) A petition to terminate the parent-child
relationship involving a child adjudicated as a delinquent child or child
in need of services may be signed and filed with the juvenile or probate
court by any of the following:
(1) The attorney for the department.
(2) The child's court appointed special advocate.
(3) The child's guardian ad litem.
(4) An individual:
(A) with whom the child is placed during; and
(B) who is an intervenor in;
the child in need of services proceedings regarding the child as
provided in section 3.5 of this chapter.
(b) A petition filed under subsection (a) must be entitled "In the
Matter of the Termination of the Parent-Child Relationship of
___________, a child, and ____________, the child's parent (or
parents)".
(c) A petition filed under subsection (a) must allege:
(1) the existence of one (1) or more of the circumstances
described in subsection (d);
(2) that there is a satisfactory plan for care and treatment of the
child; and
(3) that termination of the parent-child relationship is in the
child's best interests.
(d) A petition filed under subsection (a) must allege the existence
of one (1) or more of the following circumstances:
(1) That a court has entered a finding under IC 31-34-21-5.6 that
reasonable efforts for family preservation or reunification are not
required, including a description of the court's finding, the date of
the finding, and the manner in which the finding was made.
(2) That:
(A) the child has been removed from the parent and has been
under the supervision of a local office or probation department
for at least fifteen (15) months of the most recent twenty-two
(22) months, beginning with the date the child is removed from
the home as a result of the child being alleged to be a child in
need of services or a delinquent child; and
(B) despite the department's reasonable efforts to preserve and
reunify the child's family under IC 31-34-21-5.5, the parent has
been unable to remedy the circumstances that resulted in the
child being placed in care outside the parent's home.
(3) That there is a reasonable probability that the conditions that
resulted in the child's removal or the reasons for placement
outside the home of the parents will not be remedied.
(4) That there is a reasonable probability that the continuation of
the parent-child relationship poses a threat to the well-being,
safety, physical health, or life of the child.
(5) That the child has, on two (2) separate occasions, been
adjudicated a child in need of services.
(6) That:
(A) at least ninety (90) days have passed since the filing of the
petition alleging that the child is a child in need of services; and
(B) the identity or location of the parent is unknown despite
reasonable efforts having been made to identify or locate the
parent.
(7) That the parent:
(A) failed to substantially comply with the child's dispositional
decree for a period of at least twelve (12) months following the
child's:
(i) removal from the parent's home under IC 31-34-2; or
(ii) adjudication as a child in need of services;
whichever occurred earlier, unless the parent's failure to
substantially comply with the child's dispositional decree was
due to the failure of the department to make reasonable efforts
to preserve and reunify the child's family under IC 31-34-21-5.5; or
(B) is unlikely or unable to substantially comply with the child's
dispositional decree.
(8) That the parent is incarcerated and one (1) or more of the
following is true:
(A) The parent is expected to remain incarcerated for a
significant portion of the remaining time during which the child
is less than eighteen (18) years of age. When determining
whether the portion of the remaining time is significant, the
court shall consider the following factors:
(i) The age of the child.
(ii) The relationship between the child and the parent.
(iii) The nature of the parent's current and past provision for
the child's developmental, cognitive, psychological, and
physical needs.
(iv) The parent's history of criminal behavior, including the
frequency of the parent's incarceration and the unavailability
of the parent to the child due to the parent's incarceration.
(v) Any other factor the court considers relevant.
(B) The parent is a sexually violent predator (as defined by IC 35-38-1-7.5).
(9) That the parent:
(A) has a history of extensive, abusive, and chronic use of
alcohol or a controlled substance that renders the parent
incapable of caring for the child; and
(B) either:
(i) has refused or failed to complete available treatment for
the alcohol or controlled substance use during the two (2)
year period immediately preceding the filing date of the
petition under subsection (a); or
(ii) has completed treatment for the alcohol or controlled
substance use but has resumed use of alcohol or a controlled
substance after being reunified with the child.
(10) That:
(A) a test administered at the child's birth that indicated that the
child's blood, urine, umbilical cord tissue, or meconium
contained any amount of alcohol or a controlled substance, or
metabolites of such substances, the presence of which was not
the result of medical treatment administered to the mother or
the child; and
(B) the parent:
(i) is the biological mother of at least one (1) other child who
was adjudicated a child in need of services after a finding of
harm to the child's health or welfare due to exposure to
alcohol or a controlled substance; and
(ii) had the opportunity to participate in substance abuse
treatment following the finding under item (i).
(11) That the child was conceived as a result of:
(A) an offense under IC 35-42-3.5 (human and sexual
trafficking);
(B) rape (IC 35-42-4-1);
(C) child molestation (IC 35-42-4-3);
(D) sexual misconduct with a minor (IC 35-42-4-9); or
(E) an offense committed in another jurisdiction the elements
of which are substantially similar to the elements of an offense
described in clause (A), (B), (C), or (D);
committed by the biological parent of the child whose
parent-child relationship with the child is the subject of the
petition.
(12) That the parent is required to register as a sex or violent
offender under IC 11-8-8.
(13) That one (1) or more circumstances described in section 3.5
of this chapter have occurred.
(e) If the department intends to file a motion to dismiss under
section 4.5 of this chapter, the petition must indicate whether at least
one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
chapter applies and specify each factor that would apply as the basis for
filing a motion to dismiss the petition.
[Pre-1997 Recodification Citation: 31-6-5-4(a), (c).]

Legislative History

As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.19; P.L.200-1999, SEC.29; P.L.146-2008, SEC.615; P.L.131-2009, SEC.65; P.L.21-2010, SEC.8; P.L.48-2012, SEC.66; P.L.42-2017, SEC.2; P.L.258-2019, SEC.3; P.L.70-2024, SEC.4; P.L.179-2025, SEC.25.