Section 31-35-1-12 - Contents of advice to parents 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: (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;(8) the parents will receive notice of the hearing, unless notice is waived under section 5(b) of this chapter, 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; and(9) the parents' consent cannot be based upon a promise regarding the child's adoption or contact of any type with the child after the parents voluntarily relinquish their parental rights of the child after entry of an order under this chapter terminating the parent-child relationship.Pre-1997 Recodification Citation: 31-6-5-3.
Amended by P.L. 128-2012, SEC. 171, eff. 7/1/2012.As added by P.L. 1-1997, SEC.18. Amended by P.L. 68-2005, SEC.56; P.L. 146-2007, SEC.15.