Sec. 4. (a) If requested by the parents:

(1) the local office; or

Terms Used In Indiana Code 31-35-1-4

  • Probate: Proving a will
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) a licensed child placing agency;

may sign and file a verified petition with the juvenile or probate court for the voluntary termination of the parent-child relationship.

     (b) The petition must:

(1) be entitled “In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _____________, the child’s parent (or parents)”; and

(2) allege that:

(A) the parents are the child’s natural or adoptive parents;

(B) the parents, including the alleged or adjudicated father if the child was born out of wedlock:

(i) knowingly and voluntarily consent to the termination of the parent-child relationship; or

(ii) are not required to consent to the termination of the parent-child relationship under section 6(c) of this chapter;

(C) termination is in the child’s best interest;

(D) the petitioner has developed a satisfactory plan of care and treatment for the child; and

(E) if the petitioner is a licensed child placing agency, that the termination is in furtherance of an adoption or other approved permanency plan.

     (c) At the time the petitioner files the verified petition described in subsection (b) 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: 31-6-5-2(a) part.]

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.25; P.L.146-2007, SEC.12; P.L.128-2012, SEC.170; P.L.42-2017, SEC.1; P.L.183-2017, SEC.53.