Key Considerations for the Voluntary Termination of Parental Rights Form in Indiana
Voluntary Termination of Parental Rights Defined
Voluntary termination of parental rights is a legal process through which a parent relinquishes their rights to custody and control over their child, as well as their obligations to provide support for their child. This process is initiated by the parent filing a form called "Consent to Adoption and Termination of Parental Rights" after being advised by the local office of the Indiana Department (or Division) of Child Services that a relative or non-relative is seeking to adopt the child and that the DCS will file an adoption case if the parent signs the consent form. This process is legally called an "adoption case" but it is often mistakenly referred to as a "nice and polite adoption." Voluntarily termination of parental rights does not mean that the parent is no longer the child’s biological parent. The parent will always be the biological parent of the child. However , voluntarily termination of parental rights means that the parent will no longer have any legal relationship with the child, the parent will no longer have any legal right to visit with the child, and the parent will no longer have any legal obligation to provide support on behalf of the child.
The Indiana Legal Process for Voluntary Termination
The legal process for voluntary termination of parental rights in Indiana requires the filing of a Petition with the Court. The Petition must be accompanied by a Memorandum of Law which identifies the specific statute under which the Petition for Voluntary Termination has been filed. The specific statute will be included in the Memorandum of Law. For persons who have retained personal representation, a Certificate of Representation signed by both the client and attorney is also required and must be served upon the Office of Family and Children which filed the original CHIPS motion. If no child support arrearage exists for the parent for whom termination of parental rights is requested, a Certificate of Child Support Payment by the Clerk of the Court Affidavit must be attached to the Petition. The Petitioners and any affected parent or other affected person must be ordered into Court to execute the Petition. The Petition must be accompanied by a Birth Certificate of the child to whom Termination of Parental Rights is being given and a CHINS Docket Summary Sheet must be attached. Any related criminal history by the person whose parental rights are to be terminated will be searched for through the National Crime Information Center, the fingerprint search as well as a national criminal history search. The person whose Parental Rights are being terminated will also be ordered to pay for blood or tissue typing for the child. A hearing must be held with the Court to consider the Petition and evidence must be presented to support the Petition. In most circumstances, the Court must hold a Fact Finding Hearing regarding the adoption prior to the hearing on the Petition.
The Indiana Form for Termination Explained
Form 49648, Petition for Approval of Voluntary Termination of Parent-Child Relationship, under Indiana Code § 31-35-2-4 is known as a Voluntary Termination of Parental Rights Form. The form is relatively short, with the first page (three pages total) being the petition and the other two pages being notice to the putative father. For a voluntary termination of parental rights, the proceeding is a matter in equity based on the best interests of the child. Pursuant to Indiana Code § 31-35-2-4(a)(3), the parent seeking the voluntary termination must submit an affidavit along with the petition demonstrating that more than one year has elapsed since the judgement terminating the parent’s rights to a sibling of the child who is the subject of the termination.
The form is straightforward, requiring the names of the parents, the child, the county and court, and the ground for the petition. There is a specific portion for the consent of the putative father; however, since this is a voluntary termination of parental rights rather than a termination based on abandonment or unfitness, it can be presumed that the biological mother is the petitioner. One important section is the explanation of an affidavit that may need to be signed by a guardian ad litem, and how the waiting period required in certain cases can be waived.
The Petition must be signed by the court.
Implications for Parental Responsibilities and Rights
The voluntary termination of parental rights process under Indiana Code 31-35-1-13.5 is a permanent decision in which the parents no longer have any legal rights concerning the child or any duties to the child. The right to visitation, custody, or care will no longer be an option later on. The parents also relinquish any debts that the child may have or may acquire in the future. After the process is complete, other than the reasons listed in the above section, the parent is no longer financially or legally responsible for the child. Additionally, the State may proceed with involuntary termination (Indiana Code 31-35-2) under a separate petition. This petition includes abandonment, neglect, or abuse of the child, which can result in additional criminal charges against the parent.
Possible Grounds for Termination of Parental Rights
There are several reasons a parent in Indiana may terminate their parental rights voluntarily. In other words, you may decide that you want to give up your child before the state terminates your parental rights. While the law does not require you to give a reason for your request, it may be beneficial to explain why you want your rights terminated to the judge during the hearing. Examples for your decision include: – You recently lost your job and can no longer financially support your child . – You were convicted of a felony and are incarcerated or have been deported. – You must move abroad for your career. – Your significant other refuses to allow you to have a relationship with your child. The law in Indiana does not require a parent to give the reasons for their desire to terminate their rights. The temporary order, however, issued by the Juvenile court will usually require you to state why you believe the request is in the best interests of the child.
Impact on the Child and Considerations Regarding Adoption
A voluntary termination of parental rights is a serious matter. For parents, it signifies an irrevocable choice away from parenthood. For children, well, that’s more complex as they may come into situations large or small where they have to reckon with their situation and make sense of it. How does this effect the child? What does voluntary termination mean for future adoptions?
If parents are thinking about what’s best for their child, nowhere is that more material than in a voluntary termination process. Parental termination proceedings, both voluntary and involuntary, are considered a legal mechanism for getting parents out of their children’s lives for good but there are a number of reasons why a person might choose to take such a step. At times, people may see adoption as a situation where they can help a child have a future and a really good life they would not otherwise be able to have. Especially if a child has a stable and loving adoptive home available to accept him or her, such a path can put a child on a right track. The only challenges that a child may face aside from potential adjustment periods involve understanding the loss of a parent.
Obtaining Legal Guidance in Indiana
Given the complexities surrounding termination of parental rights, it is pertinent to obtain advice from a qualified legal professional. An attorney can assist with the preparation and submission of the required termination of parental rights paper work, while also advising on potential jurisdictional questions that may arise. There are many resources available to Indiana parents: Indiana Legal Services is a nonprofit corporation that works to ensure access to justice for low income families and individuals across the state by delivering high quality legal assistance. The Indiana Coalition Against Domestic Violence (INCADV) is a statewide coalition of organizations and individuals that are striving to create a unified response to domestic violence through domestic violence education and advocacy. The Indiana Coalition Against Sexual Assault (INCASA) is a statewide organization dedicated to prevention of and advocacy for the elimination of sexual assault . From workshops on self-defense to case advocacy, INCASA provides a number of services for Indiana residents. The Indiana Office of the Indiana Attorney General is responsible for assisting Indiana residents with legal issues. The office provides assistance through a toll-free telephone hotline staffed by trained attorneys to answer questions, obtain information about Indiana laws, assist with child support questions, and provide consumer advice. The Indiana Office of the Indiana Attorney General also engages in public outreach to educate and inform Indiana residents on legal issues. The Indiana State Bar Association maintains the Indiana Lawyer Referral Service to connect consumers with qualified legal counsel. This service can be helpful to Indiana parents who require additional assistance with termination of parental forms and issues with visitation.