WEBVTT STYLE ::cue { color: white; background-color: #383943A3; } 00:00:00.919 --> 00:00:08.759 You are here today for an initial hearing on a "Petition to Terminate the Parent-Child Relationship." That 00:00:08.759 --> 00:00:14.473 petition was either filed by the Indiana Department of Child Services or by another individual or entity. 00:00:14.883 --> 00:00:20.963 The purpose of this video is to explain the termination of parental rights process, including key deadlines 00:00:20.963 --> 00:00:22.653 and your rights throughout the case. 00:00:23.043 --> 00:00:29.763 After watching this video, if you have any questions or if anything was unclear, please let the judge know 00:00:29.763 --> 00:00:30.895 when you appear in court. 00:00:32.260 --> 00:00:35.617 This termination petition may have been required to be filed by law. 00:00:36.007 --> 00:00:39.622 Termination petitions "must" be filed when: 00:00:40.112 --> 00:00:46.512 You have not completed or have not benefited from reunification services and the time limits under law 00:00:46.512 --> 00:00:47.511 have expired; 00:00:47.921 --> 00:00:51.616 Federal law required the filing of a termination petition; 00:00:52.106 --> 00:00:59.066 Or, A previous termination petition was filed and dismissed, and ninety days or more have elapsed since 00:00:59.066 --> 00:00:59.626 dismissal 00:01:01.173 --> 00:01:06.772 You are entitled to receive a copy of the Petition to Terminate the Parent-Child relationship. 00:01:07.022 --> 00:01:12.462 If you have not received a copy of the Petition or need assistance in understanding the Petition, be 00:01:12.462 --> 00:01:17.902 sure to inform the judge, and you will be provided a copy of the Petition and the assistance of an interpreter 00:01:17.902 --> 00:01:20.374 to read the Petition if you need that assistance. 00:01:21.966 --> 00:01:28.299 Because this petition has been filed, you are advised that you have certain rights, which I will now explain. 00:01:29.500 --> 00:01:32.251 You have the right to be represented by an attorney. 00:01:32.561 --> 00:01:34.723 You may hire your own attorney if you wish. 00:01:35.113 --> 00:01:40.953 If you do not have the money or means to hire an attorney, the Court will appoint an attorney to represent 00:01:40.953 --> 00:01:42.094 you at no cost. 00:01:42.554 --> 00:01:49.274 If the Court appointed you an attorney in the child in need of services proceeding, that attorney is not 00:01:49.274 --> 00:01:51.775 automatically assigned to this case. 00:01:52.245 --> 00:01:57.568 You "must" request an attorney be appointed to you in this separate case to terminate parental rights. 00:01:58.228 --> 00:02:03.188 You have the right to have a hearing on the Petition called a fact-finding hearing. 00:02:03.438 --> 00:02:09.118 The fact-finding hearing must be commenced not more than 90 days after the petition is filed and must 00:02:09.118 --> 00:02:16.478 be "completed" not more than 180 days after the petition is filed unless there is good cause to go beyond these 00:02:16.478 --> 00:02:17.196 deadlines. 00:02:17.686 --> 00:02:24.566 Please note that the deadlines in termination cases generally cannot be waived or extended except in very 00:02:24.566 --> 00:02:26.780 limited circumstances defined by law. 00:02:27.270 --> 00:02:30.269 You have the right to receive notice of all hearings. 00:02:31.626 --> 00:02:36.609 You have the right to participate in all hearings to terminate your parent-child relationship. 00:02:37.179 --> 00:02:41.038 You have the right to confront and cross-examine any witnesses. 00:02:41.348 --> 00:02:46.215 That means that you have the right to hear the witnesses testify while under oath and question them. 00:02:46.705 --> 00:02:52.785 You have the right to present evidence and testimony on your own behalf, and the Court will help you by 00:02:52.785 --> 00:02:56.914 issuing subpoenas to require witnesses to appear in court for you. 00:02:57.404 --> 00:03:03.244 This is a civil proceeding, not a criminal proceeding, but you have the right to remain silent regarding 00:03:03.244 --> 00:03:05.071 any criminal charges or acts. 00:03:05.381 --> 00:03:09.215 Anything you do say may be used against you in a criminal proceeding. 00:03:09.705 --> 00:03:15.145 Finally, you have the right to appeal any adverse decision against you to a higher court, which is the 00:03:15.145 --> 00:03:19.937 Court of Appeals, and you have the right to be represented by an attorney to appeal your case. 00:03:20.187 --> 00:03:24.134 The Court will ask you if you understand the rights I've just explained. 00:03:24.524 --> 00:03:29.764 Please let the court know if you did not understand all or some of the rights I've just explained to you. 00:03:31.206 --> 00:03:37.366 Before the Court can find that your parent-child relationship should be terminated, the petitioner must prove by 00:03:37.366 --> 00:03:41.589 clear and convincing evidence at the fact-finding hearing each of the following: 00:03:42.079 --> 00:03:45.542 That termination is in the best interests of your child; 00:03:45.952 --> 00:03:49.809 That there is a satisfactory plan for the care and treatment for your child; 00:03:50.059 --> 00:03:50.605 and, 00:03:51.015 --> 00:03:54.744 That the additional circumstance alleged in the petition exists. 00:03:56.173 --> 00:04:01.529 It is important to understand what happens when a court terminates the parent-child relationship. 00:04:03.019 --> 00:04:09.579 If the Court terminates your parent-child relationship, all your rights, powers, privileges, immunities, duties, 00:04:09.579 --> 00:04:15.819 and obligations (including any rights to custody, control, visitation, or support) pertaining to the 00:04:15.819 --> 00:04:18.580 parent-child relationship are permanently terminated. 00:04:19.926 --> 00:04:23.028 The judge will ask you to enter a response "today." 00:04:23.278 --> 00:04:29.118 However, because you have the right to speak to an attorney first, it is important to know what responses 00:04:29.118 --> 00:04:30.267 are available to you. 00:04:30.757 --> 00:04:31.397 You can admit, 00:04:32.002 --> 00:04:32.610 deny, 00:04:33.130 --> 00:04:34.319 or remain silent. 00:04:34.569 --> 00:04:41.129 If you admit the allegations, then you need to understand that you waive all of the rights that I just explained 00:04:41.129 --> 00:04:46.794 to you, and you will be admitting that your right to parent your child will be terminated permanently. 00:04:47.204 --> 00:04:52.484 If you deny or remain silent on the record then the matter will be set for the fact-finding hearing to 00:04:52.484 --> 00:04:53.882 take place at a later date. 00:04:55.100 --> 00:05:01.179 If the allegations made by the petitioner relate to a pending or possible criminal charge that could be 00:05:01.179 --> 00:05:06.060 made against you, then you must understand that you have certain rights against self-incrimination before 00:05:06.060 --> 00:05:07.151 you make any admission. 00:05:07.721 --> 00:05:14.460 That means that you have the right to remain silent, and you cannot be required to admit the allegations, 00:05:14.880 --> 00:05:16.255 give any testimony, 00:05:16.595 --> 00:05:21.417 or make any statement against yourself to anyone about the allegations. 00:05:22.953 --> 00:05:29.517 You also have the right to consult with an attorney before answering any questions about the allegations. 00:05:29.907 --> 00:05:34.334 In addition, anything you say about the allegations may be used against you. 00:05:35.533 --> 00:05:39.921 You should be aware of what could happen if you do not attend the trial. 00:05:40.231 --> 00:05:46.027 If you fail to appear at the trial in this matter, the court can proceed with the case without you present. 00:05:46.597 --> 00:05:53.637 Additionally, if one has not yet been appointed, the court will assign a guardian ad litem or a court-appointed 00:05:53.637 --> 00:05:57.248 special advocate to represent your child's best interests in this matter. 00:05:58.673 --> 00:06:04.512 Lastly, if you have any reason to believe that you qualify under federal law as an Indian Child, please 00:06:04.512 --> 00:06:05.433 let the court know. 00:06:06.003 --> 00:06:12.163 This means that you are either a member or eligible to be a member of a Native American tribe or Alaskan 00:06:12.163 --> 00:06:12.951 Native Village. 00:06:13.421 --> 00:06:18.395 If this applies to you, please notify the Court when you appear before the judge. 00:06:19.840 --> 00:06:25.200 When you appear before the judge, you'll be asked if you understood the rights and advisements explained 00:06:25.200 --> 00:06:25.880 in this video. 00:06:26.190 --> 00:06:30.976 If anything was unclear, please inform the judge who will provide you further explanation. 00:06:31.466 --> 00:06:37.229 You should direct any questions you have to your attorney as well if you have an attorney representing you.. 00:06:37.479 --> 00:06:38.779 Thank you for your attention..