LegalFix
Sign In

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

IN Code § 31-35-1-7 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

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.

[Pre-1997 Recodification Citation: 31-6-5-2(c) part.]

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

Previous Section
31-35-1-6. Consent; written denial of paternity or consent to termination of relationship before birth of child bars challenge to adoptions or termination of parental rights
Next Section
31-35-1-8. Advice to parents