Ind. Code § 31-19-9-10
Parent's crime against child or child's sibling; effect on consent requirement
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 10. A court shall determine that consent to adoption is not required from a parent if:
Sec. 10. A court shall determine that consent to adoption is not required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for: (A) murder (IC 35-42-1-1); (B) causing suicide (IC 35-42-1-2); (C) voluntary manslaughter (IC 35-42-1-3); (D) rape (IC 35-42-4-1); (E) criminal deviate conduct (IC 35-42-4-2) (before its repeal); (F) child molesting (IC 35-42-4-3) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014; (G) incest (IC 35-46-1-3) as a: (i) Class B felony, for a crime committed before July 1, 2014; or (ii) Level 4 felony, for a crime committed after June 30, 2014; (H) neglect of a dependent (IC 35-46-1-4) as a: (i) Class B felony, for a crime committed before July 1, 2014; or (ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014; (I) battery (IC 35-42-2-1) of a child as a: (i) Class C felony, for a crime committed before July 1, 2014; or (ii) Level 5 felony, for a crime committed after June 30, 2014; (J) battery (IC 35-42-2-1) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or (ii) Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014; (K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4, Level 3, or Level 2 felony; (L) aggravated battery (IC 35-42-2-1.5) as a Level 3 or Level 1 felony; or (M) an attempt under IC 35-41-5-1 to commit an offense described in this subdivision;
(1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for: (A) murder (IC 35-42-1-1); (B) causing suicide (IC 35-42-1-2); (C) voluntary manslaughter (IC 35-42-1-3); (D) rape (IC 35-42-4-1); (E) criminal deviate conduct (IC 35-42-4-2) (before its repeal); (F) child molesting (IC 35-42-4-3) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014; (G) incest (IC 35-46-1-3) as a: (i) Class B felony, for a crime committed before July 1, 2014; or (ii) Level 4 felony, for a crime committed after June 30, 2014; (H) neglect of a dependent (IC 35-46-1-4) as a: (i) Class B felony, for a crime committed before July 1, 2014; or (ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014; (I) battery (IC 35-42-2-1) of a child as a: (i) Class C felony, for a crime committed before July 1, 2014; or (ii) Level 5 felony, for a crime committed after June 30, 2014; (J) battery (IC 35-42-2-1) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or (ii) Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014; (K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4, Level 3, or Level 2 felony; or (L) aggravated battery (IC 35-42-2-1.5) as a Level 3 or Level 1 felony;
(2) the child or the child's sibling, half-blood sibling, or step-sibling of the parent's current marriage is the victim of the offense; and
(2) the child or the child's sibling, half-blood sibling, or step-sibling of the parent's current marriage is the victim of the offense; and
(3) after notice to the parent and a hearing, the court determines that dispensing with the parent's consent to adoption is in the child's best interests.
(3) after notice to the parent and a hearing, the court determines that dispensing with the parent's consent to adoption is in the child's best interests.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.