Introduced Version






SENATE BILL No. 174

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-9-2-0.9; IC 31-17-6-1; IC 31-35-3.5.

Synopsis: Terminating the parent-child relationship. Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating the parent-child relationship would be in the best interests of the child.

Effective: July 1, 2013.





Charbonneau




    January 7, 2013, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 174



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-9-2-0.9; (13)IN0174.1.1. -->     SECTION 1. IC 31-9-2-0.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.9. "Act of rape", for purposes of IC 31-35-3.5, means an act described in:
        (1) IC 35-42-4-1; or
        (2) IC 35-42-4-3(a).

SOURCE: IC 31-17-6-1; (13)IN0174.1.2. -->     SECTION 2. IC 31-17-6-1, AS AMENDED BY P.L.133-2008, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. A court, in a proceeding under IC 31-17-2, IC 31-17-4, this chapter, IC 31-17-7, or IC 31-28-5, or IC 31-35-3.5, may appoint a guardian ad litem, a court appointed special advocate, or both, for a child at any time.
SOURCE: IC 31-35-3.5; (13)IN0174.1.3. -->     SECTION 3. IC 31-35-3.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 3.5. Termination of Parent-Child Relationship With an Individual Who Committed an Act of Rape
    Sec. 1. Proceedings under this chapter are governed by the procedures prescribed by:
        (1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15;
        (2) IC 31-34; and
        (3) IC 31-37;
but are distinct from proceedings under IC 31-34 and IC 31-37.

     Sec. 2. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate a parent-child relationship under this chapter.
    Sec. 3. If a child was conceived as a result of an act of rape, the parent who is the victim of the act of rape may file a verified petition with the juvenile or probate court to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape.
    Sec. 4. The verified petition filed under section 3 of this chapter must:
        (1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _______________, the parent"; and
        (2) allege:
            (A) that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship;
            (B) that the child was conceived as a result of the act of rape described under clause (A); and
            (C) that the termination of the parent-child relationship between the alleged perpetrator and the child is in the best interests of the child.

     Sec. 5. A showing by clear and convincing evidence that:
        (1) the alleged perpetrator committed an act of rape against a parent described in section 4(2)(A) of this chapter; and
        (2) the child was conceived as a result of the act of rape;
is prima facie evidence that termination of the parent-child relationship between the alleged perpetrator and the child is in the best interests of the child.

     Sec. 6. (a) The court shall terminate the parent-child relationship if the court finds:
        (1) by clear and convincing evidence that the allegations in a petition described in section 4(2)(A) and 4(2)(B) of this chapter are true; and
        (2) that termination of the parent-child relationship is in the

best interests of the child.
     (b) If the court does not find:
        (1) by clear and convincing evidence that the allegations in a petition described in section 4(2)(A) and 4(2)(B) of this chapter are true; and
        (2) that termination of the parent-child relationship is in the best interests of the child;
the court shall dismiss the petition.

     Sec. 7. The court may appoint:
        (1) a guardian ad litem;
        (2) a court appointed special advocate; or
        (3) both a guardian ad litem and a court appointed special advocate;
for a child in a proceeding under this chapter, as provided in IC 31-17-6-1.