§ 31-35-3-5 — Petition; verification and contents; permanency plan

Indiana § 31-35-3-5

• Jurisdiction: Indiana
• Art. 35: JUVENILE LAW: TERMINATION OF
• Ch. 3: Termination of Parent-Child Relationship With

Text

(a) The verified petition filed under section 4
of this chapter must:
(1) be entitled "In the Matter of the Termination of the
Parent-Child Relationship of ______________, a child, and
_______________, the parent (or parents)"; and
(2) allege:
(A) that the victim of an offense listed in section 4(1) of this
chapter is:
(i) the subject of the petition;
(ii) the biological or adoptive sibling of the subject of the
petition; or
(iii) the child of a spouse of the individual whose parent-child
relationship is sought to be terminated under this article;
(B) that the individual whose parent-child relationship is sought
to be terminated under this article was convicted;
(C) that the child has been removed:
(i) from the parent under a dispositional decree; and
(ii) from the parent's custody for at least six (6) months under
a court order;
(D) that one (1) of the following is true:
(i) There is a reasonable probability that the conditions that
resulted in the child's removal or the reasons for placement
outside the parent's home will not be remedied.
(ii) There is a reasonable probability that continuation of the
parent-child relationship poses a threat to the well-being of
the child.
(iii) The child has, on two (2) separate occasions, been
adjudicated a child in need of services;
(E) that termination is in the best interests of the child; and
(F) that there is a satisfactory plan for the care and treatment of
the child.
(b) At the time the petitioner files the verified petition described in
subsection (a) with the juvenile or probate court, the petitioner shall
also file a:
(1) copy of the order approving the permanency plan under IC 31-34-21-7 for the child; or
(2) permanency plan for the child as described by IC 31-34-21-7.5.
[Pre-1997 Recodification Citation: 31-6-5-4.2(b).]

Legislative History

As added by P.L.1-1997, SEC.18. Amended by P.L.21-2010, SEC.9; P.L.42-2017, SEC.3.