Section 31-40-1-5 - Obligation of parent or guardian for costs of placement; remittance of support payments; enforcement(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.
Amended by P.L. 206-2015, SEC. 60, eff. 7/1/2015.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.