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IC 31-19-11-1
Decree; affidavit; criminal convictions and juvenile adjudications
Sec. 1. (a) Whenever the court has heard the evidence and finds
that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with
the court an affidavit prepared by the state department of health
under IC 31-19-5-16 indicating whether a man is entitled to
notice of the adoption because the man has registered with the
putative father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting
the child as the result of an inappropriate criminal history
described in subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office
of family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the state department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A juvenile adjudication for an act listed in subdivisions (1)
through (20) that would be a felony if committed by an adult, a
conviction of a misdemeanor related to the health and safety of a
child, or a conviction of a felony not listed in subdivisions (1)
through (20) by a petitioner for adoption is a permissible basis for the
court to deny the petition for adoption. In addition, the court may not
grant an adoption if a petitioner for adoption has been convicted of
any of the felonies described as follows:
IC 31-19-11-2
Custody provision in decree
Sec. 2. If the child is a ward of:
(1) a guardian;
(2) an agency; or
(3) the department;
the court shall provide for the custody of the child in the adoption
decree.
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008,
SEC.560.
IC 31-19-11-4
Names
Sec. 4. If a new name is requested in a petition for adoption, upon
the entry of an adoption decree the child shall take the name
requested.
As added by P.L.1-1997, SEC.11.
IC 31-19-11-5
Dismissal of petition; gradual change of custody
Sec. 5. (a) If the court dismisses a petition for adoption, the court
shall determine the person who should have custody of the child.
(b) If the court determines that it is necessary to change the child's
custody to another person, regardless of the person's right to
immediate custody, the court may order a plan for a gradual change
of custody to ease the child's transition unless the gradual change of
custody would:
(1) endanger the child's physical health; or
(2) significantly impair the child's emotional development.
(c) The court may do the following:
(1) Implement a change of custody under this section by
gradually increasing the child's visitation with each person who
is entitled to custody.
(2) Order counseling for the child and the persons involved in
the change of custody so that a plan for the gradual change of
custody may be developed and implemented.
(3) Consult with the counselor who assists the persons in
developing the plan to determine an order for the gradual
change of custody that meets the child's best interests.
As added by P.L.1-1997, SEC.11.