Section 31-35-1-11 - Default judgment; waiver of notice(a) If the court makes findings of fact upon the record that: (1) one (1) parent has made a valid consent to the termination of the parent-child relationship;(2) the other parent: (A) is required under this chapter to consent to the termination of the parent-child relationship;(B) cannot be located, after a good faith effort has been made to do so, or has been located but fails to appear at the termination hearing; and(C) has been served with notice of the hearing in the most effective means under the circumstances; and(3) the investigation that may be required by section 7 of this chapter has been completed and entered on the record; the court may enter a default judgment against the unavailable parent and terminate as to both parents.
(b) A parent may waive the notice required by subsection (a)(2)(C) if the waiver: (2) is signed by the parent in the presence of a notary public; and(3) contains an acknowledgment that:(A) the waiver is irrevocable; and(B) the parent will not receive notice of:(ii) termination of parent-child relationship; proceedings.
(c) A parent who waives notice under subsection (b) may not challenge or contest: (1) the termination of the parent-child relationship; or(2) the child's adoption.Pre-1997 Recodification Citation: 31-6-5-2(g).
As added by P.L. 1-1997, SEC.18. Amended by P.L. 200-1999, SEC.28; P.L. 130-2005, SEC.13.