Ind. Code ch. 31-35-2

Ind. Code ch. 31-35-2
in effect

Ind. Code § 31-35-2-1 Application of chapter

Sec. 1. This chapter applies to the termination of the parent-child relationship involving: (1) a delinquent child; or (2) a child in need of services. [1997 Recodification Citation: New.] As added by P.L.1-1997, SEC.18.

Ind. Code § 31-35-2-2 Law governing proceedings

Sec. 2. Proceedings under this chapter are governed by the procedures prescribed by: (1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15; (2) IC 31-34; and (3) IC 31-37; but are distinct from proceedings under IC 31-34 and IC 31-37. [Pre-1997 Recodification Citation: 31-6-5-1 part.] As added by P.L.1-1997, SEC.18.

Ind. Code § 31-35-2-3 Jurisdiction

Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate the parent-child relationship involving a delinquent child or a child in need of services under this chapter. [Pre-1997 Recodification Citation: 31-6-5-4(b) part.] As added by P.L.1-1997, SEC.18.

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

Sec. 3.5. (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. As added by P.L.179-2025, SEC.24.

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

Sec. 4. (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).] 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.

Ind. Code § 31-35-2-4.5 Petition; filing; motion to dismiss

Sec. 4.5. (a) This section applies if: (1) a court has made a finding under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification with respect to a child in need of services are not required; or (2) a child in need of services or a delinquent child: (A) has been placed in: (i) a foster family home, child caring institution, or group home licensed under IC 31-27; or (ii) the home of a relative (as defined in IC 31-9-2.1-207(c)); as directed by a court in a child in need of services proceeding under IC 31-34 or a delinquency action under IC 31-37; and (B) has been removed from a parent and has been under the supervision of the department or county probation department for not less than 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. (b) A person described in section 4(a) of this chapter shall: (1) file a petition to terminate the parent-child relationship under section 4 of this chapter; and (2) request that the petition be set for hearing. (c) If a petition under subsection (b) is filed by the child's court appointed special advocate or guardian ad litem, the department shall be joined as a party to the petition. (d) A person described in section 4(a) of this chapter may file a motion to dismiss the petition to terminate the parent-child relationship if any of the following circumstances apply: (1) That the current case plan prepared by or under the supervision of the department or the probation department under IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has documented a compelling reason, based on facts and circumstances stated in the petition or motion, for concluding that filing, or proceeding to a final determination of, a petition to terminate the parent-child relationship is not in the best interests of the child. A compelling reason may include the fact that the child is being cared for by a custodian who is a relative (as defined in IC 31-9-2.1-207(c)). (2) That: (A) IC 31-34-21-5.6 is not applicable to the child; (B) the department or the probation department has not provided family services to the child, parent, or family of the child in accordance with a currently effective case plan prepared under IC 31-34-15 or IC 31-37-19-1.5 or a permanency plan or dispositional decree approved under IC 31-34 or IC 31-37, for the purpose of permitting and facilitating safe return of the child to the child's home; and (C) the period for completion of the program of family services, as specified in the current case plan, permanency plan, or decree, has not expired. (3) That: (A) IC 31-34-21-5.6 is not applicable to the child; (B) the department has not provided family services to the child, parent, or family of the child, in accordance with applicable provisions of a currently effective case plan prepared under IC 31-34-15 or IC 31-37-19-1.5, or a permanency plan or dispositional decree approved under IC 31-34 or IC 31-37; and (C) the services that the department has not provided are substantial and material in relation to implementation of a plan to permit safe return of the child to the child's home. (4) Subject to subsection (f), that: (A) the parent is incarcerated or the parent's prior incarceration is a significant factor in the child having been under the supervision of the department or a county probation department for at least fifteen (15) of the most recent twenty-two (22) months; (B) the parent maintains a meaningful role in the child's life; and (C) the department has not documented a reason to conclude that it would otherwise be in the child's best interests to terminate the parent-child relationship. The motion to dismiss shall specify which of the allegations described in subdivisions (1) through (4) apply to the motion. If the court finds that any of the allegations described in subdivisions (1) through (4) are true, as established by a preponderance of the evidence, the court shall dismiss the petition to terminate the parent-child relationship. In determining whether to dismiss a petition to terminate a parent-child relationship pursuant to a motion to dismiss that specifies allegations described in subdivision (4), the court may consider the length of time remaining in the incarcerated parent's sentence and any other factor the court considers relevant. (e) If: (1) a child in need of services or a delinquent child has been removed from a parent and has been under the supervision of the department or county probation department for not less than 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 (2) a petition to terminate the parent-child relationship has not been filed by the department or another person described in section 4(a) of this chapter; a foster parent, relative of the child, or de facto custodian with whom the child has been placed for at least six (6) months may file a notice with the court that the petition to terminate the parent-child relationship has not been filed as required under subsection (b). Upon the filing of the notice, if the petition to terminate the parent-child relationship has not been filed, the court shall schedule a hearing within thirty (30) days. (f) Subsection (d)(4) does not apply if the person was incarcerated for any of the following: (1) A crime described in IC 31-35-3-4. (2) A crime of child abuse (as defined in IC 5-2-22-1). (3) Neglect of a dependent (IC 35-46-1-4) if: (A) the incarceration was for neglect of a dependent as a Level 5 or above felony; and (B) the dependent would be the subject of the petition to terminate the parent-child relationship. (g) The department may not: (1) take adverse action against a foster parent's license under IC 31-27-4; or (2) remove a child from the home of a foster parent, relative of the child, or de facto custodian; on the basis of the foster parent, relative, or de facto custodian filing a notice with the court under subsection (e). As added by P.L.35-1998, SEC.20. Amended by P.L.200-1999, SEC.30; P.L.146-2008, SEC.616; P.L.131-2009, SEC.66; P.L.48-2012, SEC.67; P.L.123-2014, SEC.24; P.L.5-2015, SEC.65; P.L.210-2019, SEC.17; P.L.258-2019, SEC.4; P.L.156-2020, SEC.120; P.L.69-2024, SEC.3; P.L.145-2026, SEC.211.

Ind. Code § 31-35-2-5 Representation of state's interests

Sec. 5. Upon the filing of a petition under section 4 of this chapter, the attorney for the department shall represent the interests of the state in all subsequent proceedings on the petition. [Pre-1997 Recodification Citation: 31-6-5-4(b) part.] As added by P.L.1-1997, SEC.18. Amended by P.L.146-2008, SEC.617.

Ind. Code § 31-35-2-6 Request for hearing; timing of hearing; dismissal of petition

Sec. 6. (a) Except when a hearing is required after June 30, 1999, under section 4.5 of this chapter, the person filing the petition shall request the court to set the petition for a hearing. Whenever a hearing is requested under this chapter, the court shall: (1) commence a hearing on the petition not more than ninety (90) days after a petition is filed under this chapter; and (2) complete a hearing on the petition not more than one hundred eighty (180) days after a petition is filed under this chapter. (b) If a hearing is not held within the time set forth in subsection (a): (1) upon filing of a motion with the court by a party; and (2) absent a finding by the court that the extension of the deadline for the hearing is necessitated by: (A) unanticipated, emergent circumstances; (B) the circumstances of the case; or (C) the Indiana Rules of Trial Procedure; the court shall dismiss the petition to terminate the parent-child relationship without prejudice. [Pre-1997 Recodification Citation: 31-6-5-4(b) part.] As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.21; P.L.146-2006, SEC.54; P.L.48-2012, SEC.68; P.L.244-2023, SEC.11; P.L.179-2025, SEC.26.

Ind. Code § 31-35-2-6.5 Notice of hearing

Sec. 6.5. (a) This section applies to hearings under this chapter relating to a child in need of services. (b) At least ten (10) days before a hearing on a petition or motion under this chapter: (1) the person or entity who filed the petition to terminate the parent-child relationship under section 4 of this chapter; or (2) the person or entity who filed a motion to dismiss the petition to terminate the parent-child relationship under section 4.5(d) of this chapter; shall send notice of the review to the persons listed in subsections (c) and (d). (c) Except as provided in subsection (h), the following persons shall receive notice of a hearing on a petition or motion filed under this chapter: (1) The child's parent, guardian, or custodian. (2) An attorney who has entered an appearance on behalf of the child's parent, guardian, or custodian. (3) A prospective adoptive parent named in a petition for adoption of the child filed under IC 31-19-2 if: (A) each consent to adoption of the child that is required under IC 31-19-9-1 has been executed in the form and manner required by IC 31-19-9 and filed with the local office or the department; (B) the court having jurisdiction in the adoption case has determined under an applicable provision of IC 31-19-9 that consent to adoption is not required from a parent, guardian, or custodian; or (C) a petition to terminate the parent-child relationship between the child and any parent who has not executed a written consent to adoption under IC 31-19-9-2, has been filed under IC 31-35 and is pending. (4) Any other person who: (A) the department has knowledge is currently providing care for the child; and (B) is not required to be licensed under IC 12-17.2 or IC 31-27 to provide care for the child. (5) Any other suitable relative or person who the department knows has had a significant or caretaking relationship to the child. (6) Any other party to the child in need of services proceeding. (d) At least ten (10) days before a hearing on a petition or motion under this chapter, the department shall provide notice of the hearing to the child's foster parent by: (1) certified mail; or (2) face to face contact by the department caseworker. (e) The court shall provide to a person described in subsection (c) or (d) an opportunity to be heard and make recommendations to the court at the hearing. The right to be heard and to make recommendations under this subsection includes the right of a person described in subsection (c) or (d) to submit a written statement to the court that, if served upon all parties to the child in need of services proceeding and the persons described in subsections (c) and (d), may be made a part of the court record. (f) The court shall continue the hearing if, at the time of the hearing, the department has not provided the court with signed verification from the foster parent, as obtained through subsection (d), that the foster parent has been notified of the hearing at least five (5) business days before the hearing. However, the court is not required to continue the hearing if the child's foster parent appears for the hearing. (g) A person described in subsection (c)(2) through (c)(5) or subsection (d) does not become a party to a proceeding under this chapter as the result of the person's right to notice and the opportunity to be heard under this section. (h) If the parent of a safe haven infant does not disclose the parent's name as allowed by IC 31-34-2.5-1(c) or indicates that the child is being abandoned under IC 31-34-2.5, the parent is not required to be notified of a hearing described in subsection (c). As added by P.L.35-1998, SEC.22. Amended by P.L.200-1999, SEC.31; P.L.133-2000, SEC.9; P.L.217-2001, SEC.12; P.L.145-2006, SEC.328; P.L.162-2011, SEC.53; P.L.128-2012, SEC.172; P.L.30-2025, SEC.8.

Ind. Code § 31-35-2-7 Guardian ad litem or court appointed special advocate

Sec. 7. (a) If a parent objects to the termination of the parent-child relationship, the court shall appoint: (1) a guardian ad litem; (2) a court appointed special advocate; or (3) both; for the child. (b) If a guardian ad litem or court appointed special advocate has been appointed for the child under IC 31-34-10, the court may reappoint the guardian ad litem or court appointed special advocate to represent and protect the best interests of the child in the termination proceedings. [Pre-1997 Recodification Citation: 31-6-5-4(d).] As added by P.L.1-1997, SEC.18.

Ind. Code § 31-35-2-8 Determination; formal order

Sec. 8. (a) Except as provided in section 4.5(d) of this chapter, if the court finds that the allegations in a petition described in section 4 of this chapter are true, the court shall terminate the parent-child relationship. (b) If the court does not find that the allegations in the petition are true, the court shall dismiss the petition. (c) The court shall write a formal order with: (1) findings of fact that support the entry of the conclusions required by subsections (a) and (b); and (2) any specific factors used to determine the child's best interest. [Pre-1997 Recodification Citation: 31-6-5-4.3 part.] As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.23; P.L.128-2012, SEC.173; P.L.116-2026, SEC.13.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026