Decree; affidavit; criminal convictions and juvenile adjudications

Note: This version of section amended by P.L.145-2026, SEC.170. See also following version of this section amended by P.L.158-2026, SEC.24. Sec. 1. (a) Whenever the court has heard the evidence and finds that: (1) the adoption requested is in the best interest of the child; (2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education; (3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed; (4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the Indiana department of health under IC 31-19-5-16 indicating whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5; (5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given; (6) the attorney or agency has filed with the court an affidavit prepared by the Indiana department of health under: (A) IC 31-19-6 indicating whether a record of a paternity determination; or (B) IC 16-37-2-2(g) indicating whether a paternity affidavit executed under IC 16-37-2-2.1; has been filed in relation to the child; (7) proper consent, if consent is necessary, to the adoption has been given; (8) the petitioner for adoption is not prohibited from adopting the child as the result of an inappropriate criminal history described in subsection (c) or (d); and (9) the person, licensed child placing agency, or local office that has placed the child for adoption has provided the documents and other information required under IC 31-19-17 to the prospective adoptive parents; the court shall grant the petition for adoption and enter an adoption decree. (b) A court may not grant an adoption unless the Indiana department of health's affidavit under IC 31-19-5-16 is filed with the court as provided under subsection (a)(4). (c) A juvenile adjudication for an act listed in IC 31-9-2.1-168 that would be a felony if committed by an adult, a conviction of a misdemeanor related to the health and safety of a child, or a conviction of a felony not listed in IC 31-9-2.1-168 by a petitioner for adoption or household member is a permissible basis for the court to deny the petition for adoption. In addition, the court may not grant an adoption if a petitioner for adoption has been convicted of a nonwaivable offense under IC 31-9-2.1-168. However, the court is not prohibited from granting an adoption based upon a felony conviction for: (1) a felony under IC 9-30-5; (2) battery (IC 35-42-2-1); (3) criminal recklessness (IC 35-42-2-2) as a felony; (4) criminal confinement (IC 35-42-3-3); (5) arson (IC 35-43-1-1); (6) nonsupport of a dependent child (IC 35-46-1-5); (7) operating a motorboat while intoxicated (IC 35-46-9-6) as a felony; (8) a felony involving a weapon under IC 35-47; or (9) a felony relating to controlled substances under IC 35-48-4; if the date of the conviction did not occur within the immediately preceding five (5) year period. (d) A court may not grant an adoption if the petitioner is a sex or violent offender (as defined in IC 11-8-8-5) or a sexually violent predator (as defined in IC 35-38-1-7.5). (e) In addition to this section, section 1.1 of this chapter applies when one (1) or more petitioners is a person with a disability.