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Ind. Code § 31-35-1-7

Inquiry on parents' absence; investigation of fraud, duress, and competency to consent; order for child's care pending outcome of case

Applied in 1 court decision — leading case Termination of the Parent-Child Relationship of Youngblood v. Jefferson County Division of Family & Children (2005)

Most recently applied in Termination of the Parent-Child Relationship of Youngblood v. Jefferson County Division of Family & Children (December 2005)

As added by P.L.1-1997, SEC.18.

Sec. 7. (a) Before the court may enter a termination order, the court:

(1) must inquire about the reasons for the parents' absence; and

(2) may require an investigation by a probation officer to:

(A) determine whether there is any evidence of fraud or duress; and

(B) establish that the parents were competent to give their consent.

(b) An investigation conducted under subsection (a) must be entered on the record under oath by the person responsible for making the investigation.

(c) If there is any competent evidence of probative value that:

(1) fraud or duress was present when the written consent was given; or

(2) a parent was incompetent;

the court shall dismiss the petition or continue the proceeding.

(d) The court may issue any appropriate order for the care of the child pending the outcome of the case.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.