Ind. Code » Title 31
Indiana Code

Ind. Code § 31-35-3-8 (2026)

Conviction as prima facie evidence

✓ current as of May 2026
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     Sec. 8. A showing that an individual has been convicted of an offense described in section 4(1) of this chapter is prima facie evidence that there is a reasonable probability that:

(1) the conditions that resulted in the removal of the child from the parent under a court order will not be remedied; or

(2) continuation of the parent-child relationship poses a threat to the well-being of the child.

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

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

 

Notes of Decisions
Cited in 3 cases, 1999–2017 · leading case: Ramsey v. Madison Cnty. Dep't of Fam. & Child., 707 N.E.2d 814 (Ind. Ct. App. 1999).
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Ramsey v. Madison Cnty. Dep't of Fam. & Child., 707 N.E.2d 814 (Ind. Ct. App. 1999). · cites it 2× “” Indiana Code § 31-35-3-8. Prima facie evidence means such evidence as is sufficient to establish a given fact and remains sufficient if uncontradicted.”
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 2× “A showing that Father has been convicted of an offense listed in Indiana Code section 31-35-3-4(1) is prima facie evidence that “the conditions that resulted in the removal of the child from the parent under a court order will not be remedied.”
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). “Code § 31-35-3-8 . One such conviction is child molesting, but only if the victim was the person’s biological or adoptive child, or the child of a spouse of that person.”
Ind. Code § 31-35-3-8(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). “A showing that Father has been convicted of an offense listed in Indiana Code section 31-35-3-4(1) is prima facie evidence that “the conditions that resulted in the removal of the child from the parent under a court order will not be remedied.”
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