Indiana Termination of Parental Rights: The Legal Process Under IC 31-35

Termination of parental rights (TPR) is the legal action that makes a child "legally free" for adoption in Indiana. Until a court enters a TPR order, no adoption of that child can proceed — consent from biological parents remains legally required, and the child cannot be permanently placed with an adoptive family. Understanding what TPR is, how it proceeds through the courts, what grounds DCS must prove, and what options exist for parents facing TPR is essential for both foster families approaching adoption and for parents navigating the DCS system.

What Termination of Parental Rights Means

A TPR order permanently severs the legal relationship between a biological parent and their child. After TPR:

• The parent has no legal rights to the child — no custody, visitation, or decision-making authority
• The child is no longer legally a member of the parent's family for inheritance, support, or any other legal purpose
• The parent's consent is no longer required for the child's adoption
• The child becomes available for permanent placement and adoption through the Indiana Adoption Program

TPR is irreversible once the court order is final (absent a successful appeal). It is the most permanent legal action that can be taken in the parent-child relationship.

Two Paths to TPR in Indiana

Voluntary Relinquishment (IC 31-35-1)

A parent may voluntarily terminate their own parental rights. This is typically done in connection with a planned private adoption — a birth parent who has decided to place a child for adoption signs a voluntary relinquishment agreement.

Voluntary TPR is also sometimes used when a parent in the DCS system recognizes that they cannot meet the conditions to get their child back and prefers to voluntarily relinquish rather than go through a contested TPR trial. This can be in the child's interest (it accelerates the timeline to permanency) and in the parent's interest (it avoids the adversarial court process).

Key protection: Under IC 31-35-1-6, a written denial of paternity or consent to relinquishment signed before the birth of the child by a putative father bars him from challenging an adoption or TPR later. A birth mother cannot execute a voluntary consent until 72 hours after delivery (IC 31-19-9-2 applies to consent; TPR relinquishments follow parallel timing protections).

Involuntary Termination (IC 31-35-2)

Involuntary TPR is DCS's most powerful legal tool for protecting children who cannot safely return to their biological families. DCS files the petition; the case proceeds to trial.

Who can file: Only DCS (Indiana Department of Child Services) or a CASA (Court-Appointed Special Advocate) can file an involuntary TPR petition in Indiana. Private parties cannot independently file for involuntary TPR.

Grounds for Involuntary TPR: What DCS Must Prove

Under IC 31-35-2-4, DCS must prove each of the following by "clear and convincing" evidence — a higher standard than the "preponderance of the evidence" used in most civil cases, though lower than the "beyond reasonable doubt" standard in criminal trials:

1. CHINS adjudication. The child must have been adjudicated a Child in Need of Services (CHINS) under IC 31-34. This establishes that the court has already found the child's welfare was endangered in the biological home.

2. The 15-of-22-months rule. The child must have been removed from the biological parent's home for at least 15 of the most recent 22 months. This federal standard (from the Adoption and Safe Families Act) was incorporated into Indiana's TPR statute. The clock starts running from the date of removal.

3. Probability of non-remediation. DCS must demonstrate that there is a reasonable probability that the conditions that caused the child's removal will not be remedied. This typically involves evidence of the parent's failure to complete court-ordered services — substance abuse treatment, parenting classes, domestic violence programs, housing stability, mental health treatment, etc.

4. Best interest of the child. Termination must be in the child's best interest. Courts consider the child's need for stability, the strength of the bond with the current caregiver (often the foster parent), and the likelihood of a permanent home if TPR is granted.

5. Satisfactory plan for the child's care. There must be a viable plan for the child after TPR — typically adoption by the foster family or another identified adoptive placement.

The CHINS-to-TPR Timeline

The standard progression from child removal to TPR finalization in Indiana:

The entire CHINS-to-TPR-to-adoption timeline for a child who entered care as an infant and whose parents do not successfully complete services runs approximately two to three years from removal to finalization of adoption.

Appealing a TPR Order

Biological parents have the right to appeal a TPR order to the Indiana Court of Appeals. An appeal must be filed within 30 days of the TPR order being entered.

For foster families pursuing adoption, a pending TPR appeal is the most significant source of delay. While the appeal is pending, the adoption cannot be finalized. The Indiana Court of Appeals typically resolves TPR appeals in 12 to 18 months, though complex cases can take longer.

If the Court of Appeals affirms the TPR, the adoption can proceed to finalization. If it reverses the TPR, the case returns to the trial court for further proceedings, which may include a new TPR hearing.

This is not a hypothetical risk — TPR appeals are common in Indiana, particularly in cases where the biological parent had counsel and argues procedural errors or that the "clear and convincing" standard was not met.

Safe Haven and Expedited TPR (IC 31-35-1.5)

Children surrendered under Indiana's Safe Haven Law (IC 31-34-2.5) are subject to an expedited TPR process under IC 31-35-1.5. Because the surrendering parent voluntarily relinquished the child and chose anonymity, the standard CHINS adjudication process is not required. DCS proceeds directly to TPR without needing to prove the standard grounds, and the timeline is substantially shorter than the typical CHINS-to-TPR pipeline.

Safe haven infants are some of the fastest children to reach legal freedom for adoption in the Indiana DCS system.

Voluntary Relinquishment as an Alternative

For a biological parent in the DCS system who recognizes that reunification is unlikely, voluntary relinquishment under IC 31-35-1 offers an alternative to a contested TPR trial. Considerations:

For the parent: Avoids the adversarial court process, the public findings of "clear and convincing evidence" of unfitness, and the appeal timeline that keeps the child in limbo. Allows the parent to have some control over timing and, in some cases, to negotiate post-adoption contact arrangements before relinquishment.

For the child: Accelerates the path to permanency and eliminates the risk of a TPR reversal on appeal.

For the foster family: Significantly shortens the timeline to adoption finalization and removes the appeal risk entirely.

Voluntary relinquishment still requires the parent to be advised of their rights, and courts will not accept a relinquishment that appears coerced or uninformed.

After TPR: What Happens Next

Once TPR is granted and any appeal period has resolved (or the parent has waived appeal):

1. The child is officially referred to the Indiana Adoption Program
2. DCS or the LCPA matches the child with an adoptive family (current foster parents receive priority consideration)
3. The post-placement supervision period begins (typically six months)
4. The adoption petition is filed in probate court
5. The final adoption hearing takes place

If you are the foster parent and have been caring for the child throughout the CHINS and TPR proceedings, you are in the strongest possible position for the adoption — the child knows you, the court record reflects your involvement, and DCS will typically support your petition.

The Indiana Adoption Process Guide covers the full foster-to-adopt process including what to expect during TPR proceedings, how to prepare for the adoption petition, and how to negotiate your adoption assistance agreement before signing it.

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