Indiana Code

Ind. Code § 31-35-3-4 (2026)

Petition; conviction of certain offenses

✓ current as of May 2026

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Sec. 4. If:

(1) an individual is convicted of the offense of:

(A) murder (IC 35-42-1-1);

(B) causing suicide (IC 35-42-1-2);

(D) involuntary manslaughter (IC 35-42-1-4);

(E) rape (IC 35-42-4-1);

(F) criminal deviate conduct (IC 35-42-4-2) (repealed);

(G) child molesting (IC 35-42-4-3);

(H) child exploitation (IC 35-42-4-4);

(I) sexual misconduct with a minor (IC 35-42-4-9); or

(J) incest (IC 35-46-1-3); and

(2) the victim of the offense:

(A) was less than sixteen (16) years of age at the time of the offense; and

(B) is:

(i) the individual's biological or adoptive child; or

(ii) the child of a spouse of the individual who has committed the offense;

the attorney for the department, the child's guardian ad litem, or the court appointed special advocate may file a petition with the juvenile or probate court to terminate the parent-child relationship of the individual who has committed the offense with the victim of the offense, the victim's siblings, or any biological or adoptive child of that individual.

[Pre-1997 Recodification Citation: 31-6-5-4.2(a) part.]

As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.329; P.L.146-2008, SEC.618; P.L.158-2013, SEC.325; P.L.214-2013, SEC.27.

Notes of Decisions

Cited in 9 cases, 1999–2017 · leading case: Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004).

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Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). · cites it 2× “405/2-13 (2003); Ind. Code § 31-35-3-4 (2003); Iowa Code § 232.”

Ramsey v. Madison Cnty. Dep't of Fam. & Child., 707 N.E.2d 814 (Ind. Ct. App. 1999). · cites it 6× “The May 22, 1998, amended petition was filed pursuant to I.C. § 31-35-3-4. 3 . Father also contends that OFC did not set forth a satisfactory plan for the care and treatment of Child after termination.”

In the Matter of the Termination of the Parent-Child Relationship of E.P. III & E.P. Jr. (Father) v. Indiana Dept. of Child Servs., 20 N.E.3d 915 (Ind. Ct. App. 2014). · cites it 5× “Child molesting is one offense listed in Section 31-35-3-4. 8 . Father does not raise any fundamental-error claim with respect to Judge Humphrey pre *920 siding over the termination and criminal matters.”

In the Termination of the Parent Child Relationship of: A.P. & D.P. (Minor Child.) &, J.P. (Father) & A.M. (Mother) (mem. dec.) (Ind. Ct. App. 2017). · cites it 4× “[16] Citing Indiana Code Section 31-35-3-1 and Indiana Code Section 31-35-3-4, Father argues that none of his convictions fall within “the statutory rubric that indicates termination of parental rights is warranted .”

Wight v. Kosciusko Cnty. Off. of Fam. & Child., 712 N.E.2d 1081 (Ind. Ct. App. 1999). “CODE § 31-35-3-4 (or has been cqnvicted and imprisoned for an offense listed in IND.”

In the Matter of the Termination of the Parent-Child Relationship of K.P., B.P., & R.P. (Child.), &, D.P. (Mother) & R.P. (Father) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2017). · cites it 2× “I.C. § 31-35-3-4(1)(G), (2). Clearly, Father’s offense did not fall under this category.”

In the Matter of the Termination of the Parent-Child Relationship of Q.L. & M.L., M.F., Jr., & N.L. v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2014). · cites it 2× “In particular, at the close of the DCS’s case-in-chief the DCS moved to amend its petition to conform to the evidence of Father’s conviction for child molesting pursuant to Indiana Code Section 31-35-3-4. On appeal, Father asserts that the trial court abused its discretion when…”

In the Matter of the Termination of the Parent-Child Relationship of: M.Y. & M.Y. (Minor Child.), J.P. (Father) v. The Ind. Dept. of Child Servs. (mem. dec.) (Ind. Ct. App. 2015). · cites it 2× “The court 7 Father also cites to Ind. Code § 31-35-3-4 , which provides that termination of an individual’s parental rights may be sought if the individual is convicted of certain offenses, including murder, rape, child molesting, and incest.”

In Re Jwwr, 712 N.E.2d 1081 (Ind. Ct. App. 1999). “CODE § 31-35-3-4 (or has been convicted and imprisoned for an offense listed in IND.”

— Ind. Code § 31-35-3-4(1) — 1 case

In the Matter of the Termination of the Parent-Child Relationship of E.P. III & E.P. Jr. (Father) v. Indiana Dept. of Child Servs., 20 N.E.3d 915 (Ind. Ct. App. 2014). “Child molesting is one offense listed in Section 31-35-3-4. 8 . Father does not raise any fundamental-error claim with respect to Judge Humphrey pre *920 siding over the termination and criminal matters.”

— Ind. Code § 31-35-3-4(1)(G) — 3 cases

Ramsey v. Madison Cnty. Dep't of Fam. & Child., 707 N.E.2d 814 (Ind. Ct. App. 1999). “The May 22, 1998, amended petition was filed pursuant to I.C. § 31-35-3-4. 3 . Father also contends that OFC did not set forth a satisfactory plan for the care and treatment of Child after termination.”

In the Matter of the Termination of the Parent-Child Relationship of K.P., B.P., & R.P. (Child.), &, D.P. (Mother) & R.P. (Father) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2017). “I.C. § 31-35-3-4(1)(G), (2). Clearly, Father’s offense did not fall under this category.”

— Ind. Code § 31-35-3-4(2) — 1 case

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