Indiana Code 31-35-1-7. Inquiry on parents’ absence; investigation of fraud, duress, and competency to consent; order for child’s care pending outcome of case
(1) must inquire about the reasons for the parents’ absence; and
Terms Used In Indiana Code 31-35-1-7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(A) determine whether there is any evidence of fraud or duress; and
(B) establish that the parents were competent to give their consent.
(b) An investigation conducted under subsection (a) must be entered on the record under oath by the person responsible for making the investigation.
(c) If there is any competent evidence of probative value that:
(1) fraud or duress was present when the written consent was given; or
(2) a parent was incompetent;
the court shall dismiss the petition or continue the proceeding.
(d) The court may issue any appropriate order for the care of the child pending the outcome of the case.
[Pre-1997 Recodification Citation: 31-6-5-2(c) part.]
As added by P.L.1-1997, SEC.18.