Section 31-19-9-10 - Parent's crime against child or child's sibling; effect on consent requirementA court shall determine that consent to adoption is not required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for:(A) murder (IC 35-42-1-1); (B) causing suicide (IC 35-42-1-2);(C) voluntary manslaughter (IC 35-42-1-3);(E) criminal deviate conduct (IC 35-42-4-2) (before its repeal);(F) child molesting (IC 35-42-4-3) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or(ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;(G) incest (IC 35-46-1-3) as a: (i) Class B felony, for a crime committed before July 1, 2014; or(ii) Level 4 felony, for a crime committed after June 30, 2014;(H) neglect of a dependent (IC 35-46-1-4) as a: (i) Class B felony, for a crime committed before July 1, 2014; or(ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014;(I) battery (IC 35-42-2-1) of a child as a: (i) Class C felony, for a crime committed before July 1, 2014; or(ii) Level 5 felony, for a crime committed after June 30, 2014;(J) battery (IC 35-42-2-1) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or(ii) Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;(K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4, Level 3, or Level 2 felony; or(L) aggravated battery (IC 35-42-2-1.5) as a Level 3 or Level 1 felony;(2) the child or the child's sibling, half-blood sibling, or step-sibling of the parent's current marriage is the victim of the offense; and(3) after notice to the parent and a hearing, the court determines that dispensing with the parent's consent to adoption is in the child's best interests.Pre-1997 Recodification Citation: 31-3-1-6(m).
Amended by P.L. 142-2020,SEC. 37, eff. 7/1/2020.Amended by P.L. 210-2019,SEC. 4, eff. 7/1/2019.Amended by P.L. 65-2016, SEC. 13, eff. 7/1/2016.Amended by P.L. 168-2014, SEC. 38, eff. 7/1/2014.Amended by P.L. 214-2013, SEC. 23, eff. 7/1/2014.Amended by P.L. 158-2013, SEC. 310, eff. 7/1/2014.As added by P.L. 1-1997, SEC.11. Amended by P.L. 222-2001, SEC.1.