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Indiana Code Title 31. Family Law and Juvenile Law § 31-35-2-3.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3.5. (a) The department shall, and any of the following individuals may, file a petition under section 4 of this chapter with regard to a child and the child's parent if one (1) or more of the circumstances described in subsection (b) occur:

(1) The child's guardian ad litem or court appointed special advocate.

(2) An individual:

(A) with whom the child is placed during the child in need of services proceedings;  and

(B) who is an intervenor in the child in need of services proceedings.

(b) The circumstances under which the department shall, or an individual described in subsection (a) may, file a petition under subsection (a) are as follows:

(1) Federal law requires the filing of a petition under section 4 of this chapter with regard to the child.

(2) The parent:

(A) either:

(i) has not completed;  or

(ii) has not benefited from;

reunification services in which the parent was ordered to participate under the child's dispositional decree;  and

(B) either:

(i) has not been granted an extension of the reunification services under IC 31-34-20-1.6;  or

(ii) has exhausted all extensions of the reunification services available under IC 31-34-20-1.6.

(3) A previous petition was filed under section 4 of this chapter with regard to the child and was subsequently dismissed under section 4.5 of this chapter, and ninety (90) days or more have elapsed since the petition was dismissed.

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Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-35-2-3.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-35-2-3-5/

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