§ 31-40-1-5 — Obligation of parent or guardian for costs of placement; remittance of support payments; enforcement

Indiana § 31-40-1-5

• Jurisdiction: Indiana
• Art. 40: JUVENILE LAW: FUNDING
• Ch. 1: Cost of Services; Liability of Parent or Guardian to Pay

Text

(a) This section applies whenever the court
approves removal of a child from the home of a child's parent or
guardian and the department places the child in a child caring
institution, a foster family home, a group home, 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 juvenile court shall
order the support payments to be assigned to the department for the
duration of the placement out of the home of the child's parent or
guardian. The juvenile 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 out-of-home placement of the child an
assignment to the department 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 department 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 department 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) 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:
(1) clerk of the circuit court as trustee for remittance to the
department; or
(2) state central collection unit established in IC 31-25-3-1.
(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
department 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 department 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
(3) continue in effect, subject to modification or enforcement by
a court having jurisdiction over the obligor, a support order
entered under subsection (c) that requires payment of support by
a noncustodial parent or guardian of the estate of the child.
(g) The court may at or after a hearing described in section 3 of this
chapter order the child's parent or the guardian of the child's estate to
reimburse the department for all or any portion of the expenses for
services provided to or for the benefit of the child that are paid by the
department during the placement of the child out of the home of the
parent or guardian, in addition to amounts reimbursed through
payments in accordance with a support order assigned or entered as
provided in this section, subject to applicable federal law.
[Pre-1997 Recodification Citation: 31-6-4-18(f), (g)
part.]

Legislative History

As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999, SEC.121; P.L.145-2006, SEC.362; P.L.146-2008, SEC.669; P.L.206-2015, SEC.60.