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Indiana Code

Ind. Code § 31-35-2-2 (2026)

Law governing proceedings

✓ current as of May 2026
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     Sec. 2. 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.

[Pre-1997 Recodification Citation: 31-6-5-1 part.]

As added by P.L.1-1997, SEC.18.

 

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2000–2025 · leading case: Ferbert v. Marion Cnty. Off. of Fam. & Child., 743 N.E.2d 766 (Ind. Ct. App. 2001).
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Ferbert v. Marion Cnty. Off. of Fam. & Child., 743 N.E.2d 766 (Ind. Ct. App. 2001). · cites it 6× “In that case, we reasoned that the CHINS and involuntary termination statutes are not independent of each other, and in fact, Ind.Code § 31-35-2-2 3 clearly states that an involuntary termination proceeding is "governed by the procedures prescribed by" the CHINS statutes…”
Newby v. Boone Cnty. Div. of Fam. & Child., 799 N.E.2d 63 (Ind. Ct. App. 2003). · cites it 2× “Indiana Code Section 31-35-2-2 clearly states that although termination proceedings are distinct from CHINS proceedings, an involuntary proceeding is "governed by the procedures prescribed by" the CHINS statutes contained in Indiana Code Article 31-34.”
Termination of Parent-Child Relationship of A.P. v. Porter Cnty. Off. of Fam. & Child., 734 N.E.2d 1107 (Ind. Ct. App. 2000). · cites it 2× “Indiana Code Section 31-35-2-2 clearly states that although termination proceedings are distinct from CHINS proceedings, an involuntary termination proceeding is “governed by the procedures prescribed by” the CHINS statutes contained in Indiana Code Article 31-34.”
In Re Tf, 743 N.E.2d 766 (Ind. Ct. App. 2001). · cites it 6× “In that case, we reasoned that the CHINS and involuntary termination statutes are not independent of each other, and in fact, Ind.Code § 31-35-2-2 [3] clearly states that an involuntary termination proceeding is "governed by the procedures prescribed by" the CHINS statutes…”
Matter of Termination of Parent-Child Rel. of Lvn, 799 N.E.2d 63 (Ind. Ct. App. 2003). · cites it 2× “Indiana Code Section 31-35-2-2 clearly states that although termination proceedings are distinct from CHINS proceedings, an involuntary proceeding is "governed by the procedures prescribed by" the CHINS statutes contained in Indiana Code Article 31-34.”
Termination of the Parent-Child Relationship of J.H. v. Allen Cnty. Dep't of Child Servs., 898 N.E.2d 1265 (Ind. Ct. App. 2009). · cites it 2× “Section 31-35-2-2 provides that section 31-32-9-1 applies to terminations of parental rights involving CHINS, as is the case here.”
Ap v. Pcofc, 734 N.E.2d 1107 (Ind. Ct. App. 2000). · cites it 2× “Indiana Code Section 31-35-2-2 clearly states that although termination proceedings are distinct from CHINS proceedings, an involuntary termination proceeding is "governed by the procedures prescribed by" the CHINS statutes contained in Indiana Code Article 31-34.”
In Re Kf, 797 N.E.2d 310 (Ind. Ct. App. 2003). · cites it 2× “5(1)(B) calling for the OFC to begin the process of terminating the Fornashes' parental rights under I.”
In Re Jh, 898 N.E.2d 1265 (Ind. Ct. App. 2009). · cites it 2× “Section 31-35-2-2 provides that section 31-32-9-1 applies to terminations of parental rights involving CHINS, as is the case here.”
CHINS: A H v. Indiana Dep't of Child Servs., No. 23A-JC-02399 (Ind. Ct. App. June 24, 2024). · cites it 2× “See I.C. § 31-35-2-2 (1997) (TPR proceedings “are distinct from proceedings under IC 31-34 [CHINS.”
Termination: J W v. Indiana Dep't of Child Servs., No. 24A-JT-03052 (Ind. Ct. App. Dec. 8, 2025). · cites it 2× “]”); I.C. § 31-35-2-2(2) (providing that TPR proceedings “are governed by the procedures prescribed by” the CHINS statutes); see also Ind.”
Term. of the Parent-Child Rel. of J.J. M.J. (Mother) v. The Indiana Dept. of Child Servs., No. 49A05-1211-JT-575 (Ind. Ct. App. July 12, 2013). · cites it 2× “Rather, Indiana Code section 31-35-2-2 states that although termination proceedings are distinct from CHINS proceedings, an involuntary termination proceeding is “governed by the procedures prescribed by” the CHINS statutes contained in Indiana Code article 31-34.”
Ind. Code § 31-35-2-2(2): 1 case
Termination: J W v. Indiana Dep't of Child Servs., No. 24A-JT-03052 (Ind. Ct. App. Dec. 8, 2025). “]”); I.C. § 31-35-2-2(2) (providing that TPR proceedings “are governed by the procedures prescribed by” the CHINS statutes); see also Ind.”
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