Sec. 4. (a) A petition to terminate the parent-child relationship involving a child adjudicated as a delinquent child or child in need of services may be signed and filed with the juvenile or probate court by any of the following: (1) The attorney for the department. (2) The child's court appointed special advocate. (3) The child's guardian ad litem. (4) An individual: (A) with whom the child is placed during; and (B) who is an intervenor in; the child in need of services proceedings regarding the child as provided in section 3.5 of this chapter. (b) A petition filed under subsection (a) must be entitled "In the Matter of the Termination of the Parent-Child Relationship of ___________, a child, and ____________, the child's parent (or parents)". (c) A petition filed under subsection (a) must allege: (1) the existence of one (1) or more of the circumstances described in subsection (d); (2) that there is a satisfactory plan for care and treatment of the child; and (3) that termination of the parent-child relationship is in the child's best interests. (d) A petition filed under subsection (a) must allege the existence of one (1) or more of the following circumstances: (1) That 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. (2) That: (A) the child has been removed from the parent and has been under the supervision of a local office 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; and (B) despite the department's reasonable efforts to preserve and reunify the child's family under IC 31-34-21-5.5 , the parent has been unable to remedy the circumstances that resulted in the child being placed in care outside the parent's home. (3) That there is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the home of the parents will not be remedied. (4) That there is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being, safety, physical health, or life of the child. (5) That the child has, on two (2) separate occasions, been adjudicated a child in need of services. (6) That: (A) at least ninety (90) days have passed since the filing of the petition alleging that the child is a child in need of services; and (B) the identity or location of the parent is unknown despite reasonable efforts having been made to identify or locate the parent. (7) That the parent: (A) failed to substantially comply with the child's dispositional decree for a period of at least twelve (12) months following the child's: (i) removal from the parent's home under IC 31-34-2 ; or (ii) adjudication as a child in need of services; whichever occurred earlier, unless the parent's failure to substantially comply with the child's dispositional decree was due to the failure of the department to make reasonable efforts to preserve and reunify the child's family under IC 31-34-21-5.5 ; or (B) is unlikely or unable to substantially comply with the child's dispositional decree. (8) That the parent is incarcerated and one (1) or more of the following is true: (A) The parent is expected to remain incarcerated for a significant portion of the remaining time during which the child is less than eighteen (18) years of age. When determining whether the portion of the remaining time is significant, the court shall consider the following factors: (i) The age of the child. (ii) The relationship between the child and the parent. (iii) The nature of the parent's current and past provision for the child's developmental, cognitive, psychological, and physical needs. (iv) The parent's history of criminal behavior, including the frequency of the parent's incarceration and the unavailability of the parent to the child due to the parent's incarceration. (v) Any other factor the court considers relevant. (B) The parent is a sexually violent predator (as defined by IC 35-38-1-7.5 ). (9) That the parent: (A) has a history of extensive, abusive, and chronic use of alcohol or a controlled substance that renders the parent incapable of caring for the child; and (B) either: (i) has refused or failed to complete available treatment for the alcohol or controlled substance use during the two (2) year period immediately preceding the filing date of the petition under subsection (a); or (ii) has completed treatment for the alcohol or controlled substance use but has resumed use of alcohol or a controlled substance after being reunified with the child. (10) That: (A) a test administered at the child's birth that indicated that the child's blood, urine, umbilical cord tissue, or meconium contained any amount of alcohol or a controlled substance, or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the child; and (B) the parent: (i) is the biological mother of at least one (1) other child who was adjudicated a child in need of services after a finding of harm to the child's health or welfare due to exposure to alcohol or a controlled substance; and (ii) had the opportunity to participate in substance abuse treatment following the finding under item (i). (11) That the child was conceived as a result of: (A) an offense under IC 35-42-3.5 (human and sexual trafficking); (B) rape ( IC 35-42-4-1 ); (C) child molestation ( IC 35-42-4-3 ); (D) sexual misconduct with a minor ( IC 35-42-4-9 ); or (E) an offense committed in another jurisdiction the elements of which are substantially similar to the elements of an offense described in clause (A), (B), (C), or (D); committed by the biological parent of the child whose parent-child relationship with the child is the subject of the petition. (12) That the parent is required to register as a sex or violent offender under IC 11-8-8 . (13) That one (1) or more circumstances described in section 3.5 of this chapter have occurred. (e) If the department intends to file a motion to dismiss under section 4.5 of this chapter, the petition must indicate whether at least one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this chapter applies and specify each factor that would apply as the basis for filing a motion to dismiss the petition. [Pre-1997 Recodification Citation: 31-6-5-4(a), (c).]
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