2006 Indiana Code - CHAPTER 6. EFFECT OF TERMINATION OF THE PARENT-CHILD RELATIONSHIP
IC 31-35-6Chapter 6. Effect of Termination of the Parent-Child Relationship
IC 31-35-6-1
Disposition upon termination of parent-child relationship;
review
31-35-6-1 Sec. 1. (a) If the juvenile or probate court terminates the
parent-child relationship, the court may:
(1) refer the matter to the court having probate jurisdiction for
adoption proceedings; or
(2) order any dispositional alternative specified by
IC 31-34-20-1 or IC 31-37-19-1.
(b) If the juvenile court refers the matter to the court having
probate jurisdiction under subsection (a)(1), the juvenile court shall
review the child's case once every six (6) months until a petition for
adoption is filed.
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.25.
IC 31-35-6-2
Referral for adoption; duties of guardian ad litem or court
appointed special advocate
31-35-6-2 Sec. 2. If the juvenile or probate court terminates the
parent-child relationship and refers the matter to the court having
probate jurisdiction for adoption proceedings, the guardian ad litem
or court appointed special advocate shall do the following:
(1) Provide the county department with information regarding
the best interests of the child.
(2) Review the adoption plan as prepared by the county
department as to the best interests of the child.
(3) Report to the court with juvenile jurisdiction and, if
requested, to the court having probate jurisdiction, regarding the
plan and the plan's appropriateness in relationship to the best
interests of the child.
As added by P.L.1-1997, SEC.18.
IC 31-35-6-3
Referral for adoption; effect of appeal of decision terminating
parent-child relationship
31-35-6-3 Sec. 3. An appeal of a court's decision regarding the
termination of the parent-child relationship does not prevent the
court in the court's discretion from referring the matter for adoption
proceedings while the appeal is pending.
As added by P.L.1-1997, SEC.18.
IC 31-35-6-4
Rights, privileges, and obligations of parent and child upon
termination of relationship
31-35-6-4 Sec. 4. (a) If the juvenile or probate court terminates the
parent-child relationship:
(1) all rights, powers, privileges, immunities, duties, and
obligations, including any rights to custody, control, parenting
time, or support, pertaining to the relationship, are permanently
terminated; and
(2) the parent's consent to the child's adoption is not required.
(b) Any support obligations that accrued before the termination
are not affected. However, the support payments shall be made under
the juvenile or probate court's order.
As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.57.
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