if you hit FULL TEXT you get this: State Statutes
Indiana
Reasonable Efforts
Ind. Code Ann. § 31-34-21-5.5 (West, WESTLAW through 2000 2nd Reg. Sess.)
In determining the extent to which reasonable efforts to reunify or preserve a family are appropriate under this chapter, the child's health and safety are of paramount concern.
Except as provided below, a county Office of Family and Children shall make reasonable efforts to preserve and reunify families as follows:
If a child has not been removed from the child's home, to prevent or eliminate the need for removing the child from the child's home;
If a child has been removed from the child's home, to make it possible for the child to return safely to the child's home as soon as possible. When "Reasonable Efforts" are not Required
Ind. Code Ann. § 31-34-21-5.6 (West, WESTLAW through 2002 2nd Reg. Sess.)
A court may make a finding described in this section at any phase of a child in need of services proceeding.
Reasonable efforts to reunify a child with the child's parent, guardian, or custodian or preserve a child's family are not required if the court finds any of the following:
A parent, guardian, or custodian of a child who is a child in need of services has been convicted of:
- Causing a suicide, involuntary manslaughter, rape, criminal deviate conduct, child molesting or exploitation, sexual misconduct with a minor, and incest, against a victim who is:
A child less than age 16, who is the biological or adoptive child of the person or the person's spouse;
A parent of the child; or
- A comparable offense in any other State, territory, or country by a court of competent jurisdiction;
A parent, guardian, or custodian of a child who is a child in need of services:
- Has been convicted of:
The murder or voluntary manslaughter of a victim who is a child less than age 16 who is the biological or adopted child of the person or the person's spouse or a parent of the child; or
A comparable offense in any other State, territory, or country; or
- Has been convicted of:
Aiding, inducing, or causing another person;
Attempting; or
Conspiring with another person; to commit an offense described above;
A parent, guardian, or custodian of a child who is a child in need of services has been convicted of:
- Battery as a Class A felony;
- Battery as a Class B felony;
- Battery as a Class C felony;
- Aggravated battery;
- Criminal recklessness as a Class C felony;
- Neglect of a dependent as a Class A felony; or
- A comparable offense in another State, territory, or country; against a child less than age 16 who is the biological or adopted child of the person of the person's spouse;
The parental rights of a parent with respect to a biological or adoptive sibling of a child who is a child in need of services have been involuntarily terminated by a court;
The child is an abandoned infant, provided that the court:
- Has appointed a guardian ad litem or court appointed special advocate for the child; and
- After receiving a written report and recommendation from the guardian ad litem or court appointed special advocate, and after a hearing, finds that reasonable efforts to locate the child's parents or reunify the child's family would not be in the best interests of the child.
Grounds for Termination of Parental Rights
Ind. Code Ann. § 31-35-2-4.5 (West, WESTLAW through 2000 2nd Reg. Sess.)
This section applies if:
A court has made a finding that reasonable efforts for family preservation or reunification with respect to a child in need of services are not required; or
A child in need of services:
- Has been placed in:
A foster family home, child caring institution, or group home; or
The home of a person related to the child as directed by a court in a child in need of services proceeding; and
- Has been removed from a parent and has been under the supervision of a county Office of Family and Children for not less than 15 months of the most recent 22 months, excluding any period not exceeding 60 days before the court has entered a finding and judgment that the child is a child in need of services.
A person described above shall:
File a petition to terminate the parent-child relationship; and
Request that the petition be set for hearing.
If a petition is filed by the child's court appointed special advocate or guardian ad litem, the prosecuting attorney or the county office of family and children are entitled to be joined as a party to the petition upon application to the court.
A party shall file a motion to dismiss the petition to terminate the parent-child relationship if any of the following circumstances apply:
That the current case plan prepared by or under the supervision of the county office of family and children has documented a compelling reason, based on facts and circumstances stated in the petition or motion, for concluding that filing, or proceeding to a final determination of, a petition to terminate the parent-child relationship is not in the best interests of the child. A compelling reason may include the fact that the child is being cared for by a custodian who is a parent, stepparent, grandparent, or responsible adult who is the child's sibling, aunt, or uncle or a relative who is caring for the child as guardian;
That:
- The law stating when reasonable efforts to preserve the family are not required is not applicable to the child;
- The county Office of Family and Children has not provided family services to the child, parent, or family of the child in accordance with a currently effective case plan prepared or a permanency plan or dispositional decree for the purpose of permitting and facilitating safe return of the child to the child's home; and
- The period for completion of the program of family services, as specified in the current case plan, permanency plan, or decree, has not expired;
That:
- The law stating when reasonable efforts to preserve the family are not required is not applicable to the child;
- The county office of family and children has not provided family services to the child, parent, or family of the child, in accordance with applicable provisions of a currently effective case plan or a permanency plan or dispositional decree; and
- The services that the county office of family and children has not provided are substantial and material in relation to implementation of a plan to permit safe return of the child to the child's home.
Ind. Code Ann. § 31-35-3-4 (Michie 1997)
If an individual is convicted of the offense of:
Murder;
Causing suicide;
Voluntary manslaughter;
Involuntary manslaughter;
Rape;
Criminal deviate conduct;
Child molesting;
Child exploitation;
Sexual misconduct with a minor; or
Incest; and
The victim of the offense:
- Was less than 16 years of age at the time of the offense; and is
- The individual's biological or adoptive child; or
- The child of a spouse of the individual who has committed the offense.
The prosecuting attorney, the attorney for the county office of family and children, the child's guardian ad litem, or the court appointed special advocate may file a petition with the juvenile or probate court to terminate the parent-child relationship of the individual who has committed the offense with the victim of the offense, the victim's siblings, or any biological or adoptive child of that individual.
Ind. Code Ann. § 31-35-3-8 (Michie 1997)
A showing that an individual has been convicted of an offense described above is prima facie evidence that there is a reasonable probability that:
The conditions that resulted in the removal of the child from the parent under a court order will not be remedied; or
Continuation of the parent-child relationship poses a threat to the well-being of the child.
Best Interests of the Child
Ind. Code Ann. § 31-34-19-6 (West, WESTLAW through 2000 2nd Reg. Sess.)
If consistent with the safety of the community and the best interest of the child, the juvenile court shall enter a dispositional decree that:
Is:
- In the least restrictive (most family like) and most appropriate setting available; and
- Close to the parents' home, consistent with the best interest and special needs of the child;
Least interferes with family autonomy;
Is least disruptive of family life;
Imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian; and
Provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.