Exceptions to requirement to make reasonable efforts to preserve
and reunify families
Sec. 5.6. (a) A court may make a finding described in this section
at any phase of a child in need of services proceeding.
(b) Reasonable efforts to reunify a child with the child's parent,
guardian, or custodian or preserve a child's family as described in
section 5.5 of this chapter are not required if the court finds any of
the following:
(1) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) an offense described in IC 31-35-3-4(1)(B) or
IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
victim who is:
(i) a child described in IC 31-35-3-4(2); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any
other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a child who is a child in
need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) of a victim who is a child described in
IC 31-35-3-4(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A).
(3) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) battery (IC 35-42-2-1(a)(5)) as a Class A felony;
(B) battery (IC 35-42-2-1 (a)(4)) as a Class B felony;
(C) battery (IC 35-42-2-1(a)(3)) as a Class C felony;
(D) aggravated battery (IC 35-42-2-1.5);
(E) criminal recklessness (IC 35-42-2-2) as a Class C felony;
(F) neglect of a dependent (IC 35-46-1-4) as a Class B
felony; or
(G) a comparable offense described in clauses (A) through
(F) in another state, territory, or country;
against a child described in IC 31-35-3-4(2)(B).
(4) The parental rights of a parent with respect to a biological
or adoptive sibling of a child who is a child in need of services
have been involuntarily terminated by a court under:
(A) IC 31-35-2 (involuntary termination involving a
delinquent child or a child in need of services);
(B) IC 31-35-3 (involuntary termination involving an
individual convicted of a criminal offense); or
(C) any comparable law described in clause (A) or (B) in
any other state, territory, or country.
(5) The child is an abandoned infant, provided that the court:
(A) has appointed a guardian ad litem or court appointed
special advocate for the child; and
(B) after receiving a written report and recommendation
from the guardian ad litem or court appointed special
advocate, and after a hearing, finds that reasonable efforts to
locate the child's parents or reunify the child's family would
not be in the best interests of the child.
As added by P.L.35-1998, SEC.13. Amended by P.L.197-1999,
SEC.5; P.L.133-2000, SEC.8; P.L.222-2001, SEC.2; P.L.217-2001,
SEC.10; P.L.1-2003, SEC.78.
Last modified: May 24, 2006