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IC 31-40-1-1
Application of article
Sec. 1. This article applies to a financial burden sustained by a
county as the result of costs paid by the county under section 2 of
this chapter, including costs resulting from the institutional
placement of a child adjudicated a delinquent child or a child in need
of services.
As added by P.L.1-1997, SEC.23.
IC 31-40-1-1.7
Repealed
(Repealed by P.L.2-2005, SEC.131.)
IC 31-40-1-2
Obligation of parent, guardian, or county for cost of services or
return of child
Sec. 2. (a) The county shall pay from the county family and
children's fund the cost of:
(1) any services ordered by the juvenile court for any child or
the child's parent, guardian, or custodian, other than secure
detention; and
(2) returning a child under IC 31-37-23.
(b) The county fiscal body shall provide sufficient money to meet
the court's requirements.
As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999,
SEC.119.
IC 31-40-1-3
Obligation of parent or guardian for cost of services provided to
child adjudicated delinquent or in need of services; child support
obligation worksheet
Sec. 3. (a) A parent or guardian of the estate of a child adjudicated
a delinquent child or a child in need of services is financially
responsible as provided in this chapter (or IC 31-6-4-18(e) before its
repeal) for any services ordered by the court.
(b) Each parent of a child alleged to be a child in need of services
or alleged to be a delinquent child shall, before a dispositional
hearing, furnish the court with an accurately completed and current
child support obligation worksheet on the same form that is
prescribed by the Indiana supreme court for child support orders.
(c) At:
(1) a detention hearing;
(2) a hearing that is held after the payment of costs by a county
under section 2 of this chapter (or IC 31-6-4-18(b) before its
repeal);
(3) the dispositional hearing; or
(4) any other hearing to consider modification of a dispositional
decree;
the juvenile court shall order the child's parents or the guardian of the
child's estate to pay for, or reimburse the county for the cost of,
services provided to the child or the parent or guardian unless the
court finds that the parent or guardian is unable to pay or that justice
would not be served by ordering payment from the parent or
guardian.
As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999,
SEC.120.
IC 31-40-1-4
Obligation of parent or guardian for costs of returning child to
Indiana under interstate compact on juveniles
Sec. 4. The parent or guardian of the estate of any child returned
to Indiana under the interstate compact on juveniles under
IC 31-37-23 shall reimburse the county for all costs involved in
returning the child that the court orders the parent or guardian to pay
under section 3 of this chapter (or IC 31-6-4-18(e) before its repeal)
whether or not the child has been adjudicated a delinquent child or
a child in need of services.
As added by P.L.1-1997, SEC.23.
IC 31-40-1-5
Obligation of parent or guardian for costs of institutional
placement of child; remittance of support payments; enforcement
Sec. 5. (a) This section applies whenever the court orders or
approves removal of a child from the home of a child's parent or
guardian and placement of the child in a child caring institution (as
defined in IC 31-9-2-16.7), a foster family home (as defined in
IC 31-9-2-46.9), or the home of a relative of the child that is not a
foster family home.
(b) If an existing support order is in effect, the court shall order
the support payments to be assigned to the county office for the
duration of the placement out of the home of the child's parent or
guardian. The court shall notify the court that:
(1) entered the existing support order; or
(2) had jurisdiction, immediately before the placement, to
modify or enforce the existing support order;
of the assignment and assumption of jurisdiction by the juvenile
court under this section.
(c) If an existing support order is not in effect, the court shall do
the following:
(1) Include in the order for removal or placement of the child an
assignment to the county office, or confirmation of an
assignment that occurs or is required under applicable federal
law, of any rights to support, including support for the cost of
any medical care payable by the state under IC 12-15, from any
parent or guardian who has a legal obligation to support the
child.
(2) Order support paid to the county office by each of the child's
parents or the guardians of the child's estate to be based on child
support guidelines adopted by the Indiana supreme court and
for the duration of the placement of the child out of the home of
the child's parent or guardian, unless:
(A) the court finds that entry of an order based on the child
support guidelines would be unjust or inappropriate
considering the best interests of the child and other
necessary obligations of the child's family; or
(B) the county office does not make foster care maintenance
payments to the custodian of the child. For purposes of this
clause, "foster care maintenance payments" means any
payments for the cost of (in whole or in part) and the cost of
providing food, clothing, shelter, daily supervision, school
supplies, a child's personal incidentals, liability insurance
with respect to a child, and reasonable amounts for travel to
the child's home for visitation. In the case of a child caring
institution, the term also includes the reasonable costs of
administration and operation of the institution as are
necessary to provide the items described in this clause.
(3) If the court:
(A) does not enter a support order; or
(B) enters an order that is not based on the child support
guidelines;
the court shall make findings as required by 45 CFR 302.56(g).
(d) Payments in accordance with a support order assigned under
subsection (b) or entered under subsection (c) (or IC 31-6-4-18(f)
before its repeal) shall be paid through the clerk of the circuit court
as trustee for remittance to the county office.
(e) The Title IV-D agency shall establish, modify, or enforce a
support order assigned or entered by a court under this section in
accordance with IC 31-25-3, IC 31-25-4, and 42 U.S.C. 654. The
county office shall, if requested, assist the Title IV-D agency in
performing its duties under this subsection.
(f) If the juvenile court terminates placement of a child out of the
home of the child's parent or guardian, the court shall:
(1) notify the court that:
(A) entered a support order assigned to the county office
under subsection (b); or
(B) had jurisdiction, immediately before the placement, to
modify or enforce the existing support order;
of the termination of jurisdiction of the juvenile court with
respect to the support order;
(2) terminate a support order entered under subsection (c) that
requires payment of support by a custodial parent or guardian
of the child, with respect to support obligations that accrue after
termination of the placement; or
IC 31-40-1-6
Contracts for enforcement and collection of parental
reimbursement obligations
Sec. 6. (a) The department, with the approval of the county fiscal
body, may contract with any of the following, on terms and
conditions with respect to compensation and payment or
reimbursement of expenses as the department may determine, for the
enforcement and collection of any parental reimbursement obligation
established by order entered by the court under section 3 or 5(g) of
this chapter:
(1) The prosecuting attorney of the county that paid the cost of
the services ordered by the court, as provided in section 2 of
this chapter.
(2) An attorney for the department on behalf of the county
office that paid the cost of services ordered by the court, if the
attorney is not an employee of the county office or the
department.
(3) An attorney licensed to practice law in Indiana.
(b) A contract entered into under this section is subject to
approval under IC 4-13-2-14.1.
(c) Any fee payable to a prosecuting attorney under a contract
under subsection (a)(1) shall be deposited in the county general fund
and credited to a separate account identified as the prosecuting
attorney's child services collections account. The prosecuting
attorney may expend funds credited to the prosecuting attorney's
child services collections account, without appropriation, only for the
purpose of supporting and enhancing the functions of the prosecuting
attorney in enforcement and collection of parental obligations to
reimburse the county family and children's fund.
As added by P.L.273-1999, SEC.122. Amended by P.L.145-2006,
SEC.363.
IC 31-40-1-7
Distribution of payments; reports
Sec. 7. (a) Amounts received as payment of support or
reimbursement of the cost of services paid as provided in this chapter
shall be distributed in the following manner:
(1) If any part of the cost of services was paid from federal
funds under Title IV Part E of the Social Security Act (42
U.S.C. 671 et seq.), the amounts received shall first be applied
as provided in 42 U.S.C. 657 and 45 CFR 302.52.
(2) All amounts remaining after the distributions required by
subdivision (1) shall be deposited in the family and children's
fund (established by IC 12-19-7-3) of the county that paid the
cost of the services.
(b) Any money deposited in a county family and children's fund
under this section shall be reported to the department, in the form
and manner prescribed by the department, and shall be applied to the
child services budget compiled and adopted by the county director
for the next state fiscal year, in accordance with IC 12-19-7-6.
As added by P.L.273-1999, SEC.123. Amended by P.L.145-2006,
SEC.364.