Contents of advice to parents
Sec. 12. For purposes of sections 6 and 8 of this chapter, the
parents must be advised that:
(1) their consent is permanent and cannot be revoked or set
aside unless it was obtained by fraud or duress or unless the
parent is incompetent;
(2) when the court terminates the parent-child relationship:
(A) 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
(B) their consent to the child's adoption is not required;
(3) the parents have a right to the:
(A) care;
(B) custody; and
(C) control;
of their child as long as the parents fulfill their parental
obligations;
(4) the parents have a right to a judicial determination of any
alleged failure to fulfill their parental obligations in a
proceeding to adjudicate their child a delinquent child or a child
in need of services;
(5) the parents have a right to assistance in fulfilling their
parental obligations after a court has determined that the parents
are not doing so;
(6) proceedings to terminate the parent-child relationship
against the will of the parents can be initiated only after:
(A) the child has been adjudicated a delinquent child or a
child in need of services and removed from their custody
following the adjudication; or
(B) a parent has been convicted and imprisoned for an
offense listed in IC 31-35-3-4 (or has been convicted and
imprisoned for an offense listed in IC 31-6-5-4.2(a) before
its repeal), the child has been removed from the custody of
the parents under a dispositional decree, and the child has
been removed from the custody of the parents for six (6)
months under a court order;
(7) the parents are entitled to representation by counsel,
provided by the state if necessary, throughout any proceedings
to terminate the parent-child relationship against the will of the
parents; and
(8) the parents will receive notice of the hearing at which the
court will decide if their consent was voluntary, and the parents
may appear at the hearing and allege that the consent was not
voluntary.
As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.56.
Last modified: May 24, 2006