This text of Indiana § 31-40-1-3.8 (Parental reimbursement for services provided by a county) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
8.
(a)If a county is responsible for the
payment of:
(1)any costs or expenses of services for or the placement of a
child in need of services; or
(2)the costs or expenses of services for or the placement of a
delinquent child under section 2 of this chapter;
the juvenile court ordering the services that the county is responsible
for may hold a hearing. The juvenile court shall use the Child Support
Rules and Guidelines of the Indiana supreme court and the child
support obligation worksheet developed by the Indiana supreme court
to determine what each parent should pay for the services provided for
the child under this section. If the parent participates with the treatment
plans developed by the department or court, the parent or parents are
entitled to receive a parenting time credit un
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8. (a) If a county is responsible for the
payment of:
(1) any costs or expenses of services for or the placement of a
child in need of services; or
(2) the costs or expenses of services for or the placement of a
delinquent child under section 2 of this chapter;
the juvenile court ordering the services that the county is responsible
for may hold a hearing. The juvenile court shall use the Child Support
Rules and Guidelines of the Indiana supreme court and the child
support obligation worksheet developed by the Indiana supreme court
to determine what each parent should pay for the services provided for
the child under this section. If the parent participates with the treatment
plans developed by the department or court, the parent or parents are
entitled to receive a parenting time credit under the Child Support
Rules and Guidelines.
(b) Each person described in subsection (a) shall, before a hearing
under subsection (c) concerning payment or reimbursement of costs,
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 the county;
(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 to pay for, or reimburse
the county for, the cost of services provided to the child or the parent
unless the court makes a specific finding that the parent is unable to
pay or that justice would not be served by ordering payment from the
parent.
(d) Any parental reimbursement obligation under this section shall
be paid directly to the clerk of the court so long as the child in need of
services case, juvenile delinquency case, or juvenile status offense case
is open. The clerk of the court shall keep track of all payments made by
each parent and shall provide a receipt for each payment received. At
the end of the child in need of services, juvenile delinquency, or
juvenile status action, the clerk of the court shall provide an accounting
of payments received, and the court may consider additional evidence
of payment activity and determine the amount of parental
reimbursement obligation that remains unpaid. The court shall reduce
the unpaid balance to a final judgment that may be enforced in any
court having jurisdiction over such matters.
(e) After a judgment for unpaid parental reimbursement obligation
is rendered, payments made toward satisfaction of the judgment shall
be made to the clerk of the court in the county where the enforcement
action is filed.
(f) The county may collect any money that is owed under this
section as provided by IC 36-1-4-17.
(g) Upon release from services ordered under this section, the
parental reimbursement obligation payment ends. If there was a child
support order for the child adjudicated delinquent, it reverts to the most
recent child support order in effect before the child's adjudication. If
the child is placed with a person other than a custodial parent, the
juvenile court shall establish a new support order for the benefit of the
child.