(a)Each child, the estate of the child, the
parent or parents of the child, or the guardian of the child, individually
or collectively, are liable for the payment of the costs of maintenance
of the child of up to one hundred percent (100%) of the per capita cost,
except as otherwise provided. The cost shall be computed annually by
dividing the total annual cost of operation for the fiscal year, exclusive
of the cost of education programs, construction, and equipment, by the
total child days each year. The maintenance cost shall be referred to as
maintenance charges. The charge may not be levied against any of the
following:
(1)The department of child services.
(2)A county or any person or office, to be derived from county
tax sources.
(3)A child orphaned by reason of the death of the n
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(a) Each child, the estate of the child, the
parent or parents of the child, or the guardian of the child, individually
or collectively, are liable for the payment of the costs of maintenance
of the child of up to one hundred percent (100%) of the per capita cost,
except as otherwise provided. The cost shall be computed annually by
dividing the total annual cost of operation for the fiscal year, exclusive
of the cost of education programs, construction, and equipment, by the
total child days each year. The maintenance cost shall be referred to as
maintenance charges. The charge may not be levied against any of the
following:
(1) The department of child services.
(2) A county or any person or office, to be derived from county
tax sources.
(3) A child orphaned by reason of the death of the natural parents.
(b) The billing and collection of the maintenance charges as
provided for in subsection (a) shall be made by the superintendent of
the home based on the per capita cost for the preceding fiscal year. All
money collected shall be deposited in a fund to be known as the
Indiana soldiers' and sailors' children's home maintenance fund. The
fund shall be used by the state health commissioner for the:
(1) preventative maintenance; and
(2) repair and rehabilitation;
of buildings of the home that are used for housing, food service, or
education of the children of the home.
(c) The superintendent of the home may, with the approval of the
state health commissioner, agree to accept payment at a lesser rate than
that prescribed in subsection (a). The superintendent of the home shall,
in determining whether or not to accept the lesser amount, take into
consideration the amount of money that is necessary to maintain or
support any member of the family of the child. All agreements to
accept a lesser amount are subject to cancellation or modification at
any time by the superintendent of the home with the approval of the
state health commissioner.
(d) A person who has been issued a statement of amounts due as
maintenance charges may petition the superintendent of the home for
a release from or modification of the statement and the superintendent
shall provide for hearings to be held on the petition. The superintendent
of the home may, with the approval of the state health commissioner
and after the hearing, cancel or modify the former statement and at any
time for due cause may increase the amounts due for maintenance
charges to an amount not to exceed the maximum cost as determined
under subsection (a).
(e) The superintendent of the home may arrange for the
establishment of a graduation or discharge trust account for a child by
arranging to accept a lesser rate of maintenance charge. The trust fund
must be of sufficient size to provide for immediate expenses upon
graduation or discharge.
(f) The superintendent may make agreements with instrumentalities
of the federal government for application of any monetary awards to be
applied toward the maintenance charges in a manner that provides a
sufficient amount of the periodic award to be deposited in the child's
trust account to meet the immediate personal needs of the child and to
provide a suitable graduation or discharge allowance. The amount
applied toward the settlement of maintenance charges may not exceed
the amount specified in subsection (a).
(g) The superintendent of the home may do the following:
(1) Investigate, either with the superintendent's own staff or on a
contractual or other basis, the financial condition of each person
liable under this chapter.
(2) Make determinations of the ability of:
(A) the estate of the child;
(B) the legal guardian of the child; or
(C) each of the responsible parents of the child;
to pay maintenance charges.
(3) Set a standard as a basis of judgment of ability to pay that
shall be recomputed periodically to do the following:
(A) Reflect changes in the cost of living and other pertinent
factors.
(B) Provide for unusual and exceptional circumstances in the
application of the standard.
(4) Issue to any person liable under this chapter statements of
amounts due as maintenance charges, requiring the person to pay
monthly, quarterly, or otherwise as may be arranged, an amount
not exceeding the maximum cost as determined under this
chapter.
[Pre-1993 Recodification Citation: 16-6.5-5-12.]