Ind. Code ch. 31-35-4

in effect

Ind. Code § 31-35-4-1 Application of chapter

Sec. 1. This chapter applies to an action initiated to terminate a parent-child relationship under: (1) IC 31-35-2; or (2) IC 31-35-3. [Pre-1997 Recodification Citation: 31-6-15-1 part.] As added by P.L.1-1997, SEC.18.

Ind. Code § 31-35-4-2 Admissibility of statements or videotapes

Sec. 2. A statement or videotape that: (1) is made by a child who at the time of the statement or videotape: (A) is less than fourteen (14) years of age; or (B) is at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that: (i) is likely to continue indefinitely; (ii) constitutes a substantial disability to the child's ability to function normally in society; and (iii) reflects the child's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; (2) concerns an act that is a material element in determining whether a parent-child relationship should be terminated; and (3) is not otherwise admissible in evidence under statute or court rule; is admissible in evidence in an action described in section 1 of this chapter if the requirements of section 3 of this chapter are met. [Pre-1997 Recodification Citation: 31-6-15-2 part.] As added by P.L.1-1997, SEC.18.

Ind. Code § 31-35-4-3 Requirements for admissibility of statements or videotapes

Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether the parent-child relationship should be terminated if, after notice to the parties of a hearing and of their right to be present: (1) the court finds that the time, content, and circumstances of the statement or videotape and any other evidence provide sufficient indications of reliability; and (2) the child: (A) testifies at the proceeding to determine whether the parent-child relationship should be terminated; (B) was available for face-to-face cross-examination when the statement or videotape was made; or (C) is found by the court to be unavailable as a witness because: (i) a psychiatrist, physician, or psychologist has certified that the child's participation in the proceeding creates a substantial likelihood of emotional or mental harm to the child; (ii) a physician has certified that the child cannot participate in the proceeding for medical reasons; or (iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath. [Pre-1997 Recodification Citation: 31-6-15-3 part.] As added by P.L.1-1997, SEC.18.

Ind. Code § 31-35-4-4 Informing parties of intention to introduce and contents of statements and videotapes

Sec. 4. A statement or videotape may not be admitted in evidence under this chapter unless the attorney for the department informs the parties of: (1) an intention to introduce the statement or videotape in evidence; and (2) the content of the statement or videotape; at least seven (7) days before the proceedings to give the parties a fair opportunity to prepare a response to the statement or videotape before the proceeding. [Pre-1997 Recodification Citation: 31-6-15-5 part.] As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.331; P.L.146-2008, SEC.620.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026