Bill Text: IN SB0140 | 2010 | Regular Session | Engrossed
Bill Title: Adoption matters.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Passed) 2010-03-25 - Sections 10 through 11 effective 07/01/2010 [SB0140 Detail]
Download: Indiana-2010-SB0140-Engrossed.html
Citations Affected: IC 31-14; IC 31-19; IC 31-35; IC 35-46.
Effective: July 1, 2010.
(HOUSE SPONSORS _ LAWSON L, VANDENBURGH, FOLEY)
January 5, 2010, read first time and referred to Committee on Judiciary.
January 28, 2010, reported favorably _ Do Pass.
February 1, 2010, read second time, ordered engrossed. Engrossed.
February 2, 2010, read third time, passed. Yeas 49, nays 1.
February 8, 2010, read first time and referred to Committee on Judiciary.
February 16, 2010, amended, reported _ Do Pass.
February 23, 2010, read second time, amended, ordered engrossed.
Digest Continued
mother discloses the name and address of the putative father to the attorney or agency that is arranging the child's adoption. Provides that a putative father's motion to contest an adoption must be filed in the court in which the adoption is pending. Prohibits a court from granting an adoption if a petitioner for adoption has been convicted of an attempt or conspiracy to commit certain felonies. Authorizes a child placing agency and an attorney to advertise certain adoption information only if licensed under Indiana law. Provides that the crime of unauthorized adoption facilitation does not apply to child placing agencies licensed under Indiana law or attorneys licensed to practice law in Indiana. (Current law provides that the crime of unauthorized adoption facilitation does not apply to child placing agencies licensed under any state's law or attorneys licensed to practice law in any state.) Provides that a court may not grant an adoption if the petitioner is a sexually violent predator. Provides that a petition to terminate the parent-child relationship involving a delinquent child or a child in need of services may include an allegation that the child has, on two separate occasions, been adjudicated a child in need of services.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) filing a paternity action as next friend of a child; or
(2) requesting a prosecuting attorney to file a paternity action.
The unnamed putative father of the child born to ______ (mother's name) on _____ (date), or the person who claims to be the father of the child born to _____ (mother's name) on _____ (date), is notified that
a petition for adoption of the child was filed in the office of the clerk
of _____ court, _____ (address of court).
If the unnamed putative father seeks to contest the adoption of the
child, the unnamed putative father must file a motion to contest the
adoption in accordance with IC 31-19-10-1 in the above named court
or a paternity action under IC 31-14 within thirty (30) days after the
date of service of this notice. This notice may be served by publication.
If the unnamed putative father
(1) does not file
(A) a motion to contest the adoption or
(B) a paternity action under IC 31-14;
within thirty (30) days after service of this notice, or
(2) after filing a paternity action under IC 31-14 fails to establish
paternity;
the above named court shall hear and determine the petition for
adoption. The unnamed putative father's consent is irrevocably implied
and the unnamed putative father loses the right to contest the adoption
or the validity of the unnamed putative father's implied consent to the
adoption. The unnamed putative father loses the right to establish
paternity of the child under IC 31-14.
Nothing __________ (mother's name) or any one else says to the
unnamed putative father of the child relieves the unnamed putative
father of his obligations under this notice.
Under Indiana law, a putative father is a person who is named as or
claims that he may be the father of a child born out of wedlock but who
has not yet been legally proven to be the child's father.
This notice complies with IC 31-19-4-4 but does not exhaustively
set forth the unnamed putative father's legal obligations under the
Indiana adoption statutes. A person being served with this notice
should consult the Indiana adoption statutes.".
(1) the putative father who is entitled to notice under section 1 or 2 of this chapter; or
(2) a named putative father under section 3 of this chapter;
in substantially the following form:
______________ (putative father's name), who has been named the father of the child born to _____________ (mother's name) on ________ (date), or who claims to be the father of the child born to _______________ (mother's name) on __________ (date), is notified
that a petition for adoption of the child was filed in the office of the
clerk of ____________ court, ______________ (address of the court).
If ______________ (putative father's name) seeks to contest the
adoption of the child, he must file a motion to contest the adoption in
accordance with IC 31-19-10-1 in the above named court or a paternity
action under IC 31-14 not later than thirty (30) days after the date of
service of this notice.
If ______________ (putative father's name)
(1) does not file
(A) a motion to contest the adoption or
(B) a paternity action under IC 31-14;
within thirty (30) days after service of this notice, or
(2) after filing a paternity action under IC 31-14 fails to establish
paternity;
the above named court will hear and determine the petition for
adoption. His consent will be irrevocably implied and he will lose his
right to contest either the adoption or the validity of his implied consent
to the adoption. He will lose his right to establish his paternity of the
child under IC 31-14.
Nothing ____________ (mother's name) or anyone else says to
_____________ (putative father's name) relieves _______________
(putative father's name) of his obligations under this notice.
Under Indiana law, a putative father is a person who is named as or
claims that he may be the father of a child born out of wedlock but who
has not yet been legally proven to be the child's father. For purposes of
this notice, _____________ (putative father's name) is a putative father
under the laws in Indiana regarding adoption.
This notice complies with IC 31-19-4-5 but does not exhaustively
set forth a putative father's legal obligations under the Indiana adoption
statutes. A person being served with this notice should consult the
Indiana adoption statutes.".
(1) an adoption under IC 31-19-2 has been or may be filed regarding a child who may have been conceived by the putative father; and
(2) on or before the date the child's mother executes a consent to the child's adoption, the child's mother has not disclosed the name or address, or both, of the putative father to
(b) This chapter does not apply if, on or before the date the child's mother executes a consent to the child's adoption, the child's mother discloses the name and address of the putative father to the attorney or agency that is arranging the child's adoption.
(1) the court;
(2) a notary public or other person authorized to take acknowledgments; or
(3) an authorized agent of:
(A) the department;
(B) a county office of family and children; or
(C) a licensed child placing agency.
(b) The child's mother may not execute a consent to adoption before the birth of the child.
(c) The child's father may execute a consent to adoption before the birth of the child if the consent to adoption:
(1) is in writing;
(2) is signed by the child's father in the presence of a notary public; and
(3) contains an acknowledgment that:
(A) the consent to adoption is irrevocable; and
(B) the child's father will not receive notice of the adoption proceedings.
(d) A child's father who consents to the adoption of the child under subsection (c) may not challenge or contest the child's adoption.
(e) A person who executes a written consent to the adoption of a child may not execute a second or subsequent written consent to have another person adopt the child unless one (1) or more of the following apply:
(1) Each original petitioner provides a written statement that the petitioner is not adopting the child.
(2) The person consenting to the adoption has been permitted to withdraw the first consent to adoption under IC 31-19-10.
(3) The court dismisses the petition for adoption filed by the original petitioner or petitioners for adoption based upon a showing, by clear and convincing evidence, that it is not in the best interests of the child that the petition for adoption be granted.
(4) The court denies the petition to adopt the child filed by the original petitioner or petitioners for adoption.
(1) fails to file
within thirty (30) days after service of notice under IC 31-19-4 in the court in which the adoption is pending;
(2) having filed a motion to contest the adoption in accordance with IC 31-19-10, fails to appear at the hearing set to contest the adoption;
(3) having filed a paternity action under IC 31-14, fails to establish paternity in the action; or
(4) is required to but fails to register with the putative father registry established by IC 31-19-5 within the period under IC 31-19-5-12.
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;
(3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the state department of health under IC 31-19-5-16 indicating whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office of
family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the state department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of any of the felonies, or convicted of an attempt or
conspiracy to commit any of the felonies, described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(8) Aggravated battery (IC 35-42-2-1.5).
(9) Kidnapping (IC 35-42-3-2).
(10) Criminal confinement (IC 35-42-3-3).
(11) A felony sex offense under IC 35-42-4.
(12) Carjacking (IC 35-42-5-2).
(13) Arson (IC 35-43-1-1).
(14) Incest (IC 35-46-1-3).
(15) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(16) Child selling (IC 35-46-1-4(d)).
(17) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(18) A felony relating to controlled substances under IC 35-48-4.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(20) A felony that is substantially equivalent to a felony listed in
under the laws of another jurisdiction, including a military
court, that is substantially equivalent to any of the offenses
listed in subdivisions (1) through (19). for which the conviction
was entered in another state.
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6), (12), (13), (17), or
(18), or its equivalent under subdivision (20), if the offense was not
committed within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5).
(1) The attorney for the department.
(2) The child's court appointed special advocate.
(3) The child's guardian ad litem.
(b) The petition must meet the following requirements:
(1) The petition must be entitled "In the Matter of the Termination of the Parent-Child Relationship of ___________, a child, and ____________, the child's parent (or parents)".
(2) The petition must allege:
(A) that one (1) of the following
(i) The child has been removed from the parent for at least six (6) months under a dispositional decree.
(ii) A court has entered a finding under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification are not required, including a description of the court's finding, the date of the finding, and the manner in which the finding was made.
(iii) The child has been removed from the parent and has been under the supervision of a county office of family and children or probation department for at least fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child;
(B) that one (1) of the following is true:
(i) There is a reasonable probability that
(ii) There is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of the child.
(iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services;
(C) that termination is in the best interests of the child; and
(D) that there is a satisfactory plan for the care and treatment of the child.
(3) The petition must indicate whether at least one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(3) of this chapter applies and specify each factor that would apply as the basis for filing a motion to dismiss the petition.
(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _______________, the parent (or parents)"; and
(2) allege:
(A) that the victim of an offense listed in section 4(1) of this chapter is:
(i) the subject of the petition;
(ii) the biological or adoptive sibling of the subject of the petition; or
(iii) the child of a spouse of the individual whose parent-child relationship is sought to be terminated under this article;
(B) that the individual whose parent-child relationship is sought to be terminated under this article was convicted;
(C) that the child has been removed:
(i) from the parent under a dispositional decree; and
(ii) from the parent's custody for at least six (6) months under a court order;
(D) that one (1) of the following is true:
(i) There is a reasonable probability that
or
(ii) There is a reasonable probability that continuation of
the parent-child relationship poses a threat to the well-being
of the child.
(iii) The child has, on two (2) separate occasions, been
adjudicated a child in need of services;
(E) that termination is in the best interests of the child; and
(F) that there is a satisfactory plan for the care and treatment
of the child.
(1) a child is offered or wanted for adoption; or
(2) the person is able to place, locate, or receive a child for adoption.
(b) A person that publishes a telephone directory that is distributed in Indiana:
(1) shall include, at the beginning of any classified heading for adoption and adoption services, a statement that informs directory users that only attorneys licensed to practice law and licensed child placing agencies may legally provide adoption services under Indiana law; and
(2) may publish an advertisement described in subsection (a) in the telephone directory only if the advertisement contains the following:
(A) For an attorney licensed to practice law in Indiana, the person's attorney number.
(B) For a child placing agency licensed under the laws of
(c) A person who knowingly or intentionally violates subsection (a) commits unauthorized adoption advertising, a Class A misdemeanor.
services are rendered:
(1) Arranging for the placement of a child.
(2) Identifying a child for adoption.
(3) Matching adoptive parents with biological parents.
(4) Arranging or facilitating an adoption.
(5) Taking or acknowledging consents or surrenders for
termination of parental rights for adoption purposes.
(6) Performing background studies on:
(A) a child who is going to be adopted; or
(B) adoptive parents.
(7) Making determinations concerning the best interests of a child
and the appropriateness in placing the child for adoption.
(8) Postplacement monitoring of a child before the child is
adopted.
(b) As used in this section, the term "adoption services" does not
include the following:
(1) Legal services provided by an attorney licensed in Indiana.
(2) Adoption related services provided by a governmental entity
or a person appointed to perform an investigation by the court.
(3) General education and training on adoption issues.
(4) Postadoption services, including supportive services to
families to promote the well-being of members of adoptive
families or birth families.
(c) This section does not apply to the following persons:
(1) The department of child services, an agency or person
authorized to act on behalf of the department of child services, or
a similar agency or county office with similar responsibilities in
another state.
(2) The division of family resources, an agency or person
authorized to act on behalf of the division of family resources, or
a similar agency or county office with similar responsibilities in
another state.
(3) A child placing agency licensed under the laws of Indiana. or
another state.
(4) An attorney licensed to practice law in Indiana. or another
state.
(5) A prospective biological parent or adoptive parent acting on
the individual's own behalf.
(d) A person who knowingly or intentionally provides, engages in,
or facilitates adoption services to a birth parent or prospective adoptive
parent who resides in Indiana commits unauthorized adoption
facilitation, a Class A misdemeanor.
