§ 33-23-6-2 — Alternative dispute resolution fund; establishment; purpose; considerations

Indiana § 33-23-6-2

• Jurisdiction: Indiana
• Art. 23: GENERAL PROVISIONS
• Ch. 6: Circuit Court and Superior Court Domestic Relations

Text

(a) In each county participating in the program
under this chapter, there is established an alternative dispute resolution
fund for each of the following:
(1) The circuit court.
(2) The superior court.
(3) The probate court established by IC 33-31-1.
(b) Notwithstanding subsection (a), if more than one (1) court
exercises jurisdiction over domestic relations and paternity cases in a
county, one (1) alternative dispute resolution fund may be established
to be used by all the courts to implement this chapter if:
(1) the:
(A) county auditor; and
(B) judge of each court that exercises jurisdiction over domestic
relations and paternity cases in the county;
agree to establish one (1) fund; and
(2) the agreement to establish the fund is included in the plan
adopted by the county under section 3 of this chapter.
(c) The sources of money for each fund established under subsection
(a) or (b) are:
(1) the alternative dispute resolution fee collected under section
1 of this chapter for the circuit court, superior court, or probate
court, respectively; and
(2) copayments collected under subsection (d) if:
(A) a county chooses to deposit the copayments into the fund;
and
(B) the county specifies in the plan adopted by the county under
section 3 of this chapter that the copayments will be deposited
in the fund.
(d) The funds shall be used to foster domestic relations alternative
dispute resolution, including:
(1) mediation;
(2) reconciliation;
(3) nonbinding arbitration;
(4) parental counseling; and
(5) guardian ad litem services.
Litigants referred by the court to services covered by the fund shall
make a copayment for the services in an amount determined by the
court based on the litigants' ability to pay. The fund shall be
administered by the circuit, superior, or probate court that exercises
jurisdiction over domestic relations and paternity cases in the county.
A fund used by multiple courts under subsection (b) shall be
administered jointly by all the courts using the fund. Money in each
fund at the end of a fiscal year does not revert to the county general
fund but remains in the fund for the uses specified in this section.
(e) Each circuit, superior, or probate court that administers an
alternative dispute resolution fund shall ensure that money in the fund
is disbursed in a manner that primarily benefits those litigants who
have the least ability to pay, in accordance with the plan adopted by the
county under section 3 of this chapter.
(f) If a party is currently charged with or has been convicted of a
crime under IC 35-42, the court must make a determination that
participation in services provided by this fund does not pose an
unreasonable risk of harm to any party.
[Pre-2004 Recodification Citation: 33-4-13-2.]

Legislative History

As added by P.L.98-2004, SEC.2. Amended by P.L.55-2005, SEC.1; P.L.142-2020, SEC.51; P.L.151-2023, SEC.3.