Petition; contents
Sec. 4. (a) A petition to terminate the parent-child relationship
involving a delinquent child or a child in need of services may be
signed and filed with the juvenile or probate court by any of the
following:
(1) The attorney for the county office of family and children.
(2) The prosecuting attorney.
(3) The child's court appointed special advocate.
(4) The child's guardian ad litem.
(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) one (1) of the following exists:
(i) the child has been removed from the parent for at least
six (6) months under a dispositional decree;
(ii) a court has entered a finding under IC 31-34-21-5.6
that reasonable efforts for family preservation or
reunification are not required, including a description of
the court's finding, the date of the finding, and the manner
in which the finding was made; or
(iii) after July 1, 1999, the child has been removed from
the parent and has been under the supervision of a county
office of family and children for at least fifteen (15)
months of the most recent twenty-two (22) months;
(B) there is a reasonable probability that:
(i) the conditions that resulted in the child's removal or the
reasons for placement outside the home of the parents will
not be remedied; or
(ii) the continuation of the parent-child relationship poses
a threat to the well-being of the child;
(C) termination is in the best interests of the child; and
(D) there is a satisfactory plan for the care and treatment of
the child.
(3) Indicate whether at least one (1) of the factors listed in
section 4.5(d)(1) through 4.5(d)(3) of this chapter applies and
specify each factor that would apply as the basis for filing a
motion to dismiss the petition.
As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.19;
P.L.200-1999, SEC.29.
Last modified: May 24, 2006