Sec. 3. (a) Subject to subsection (f), a parent or
guardian of the estate of a child adjudicated a delinquent child or a
child in need of services is financially responsible as provided in this
chapter (or IC 31-6-4-18(e) before its repeal) for any services provided
by or through the department.
(b) Each person described in subsection (a) shall, before a hearing
under subsection (c) concerning payment or reimbursement of costs,
furnish the court and the department 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
department under section 2 of this chapter (or IC 31-6-4-18(b)
before its repeal);
(3) the dispositional hearing; or
(4) any other hearing to consider modification of a dispositional
decree;
the juvenile court may not order the child's parents or the guardian of
the child's estate to pay for, or reimburse the department for the cost of
services provided to the child or the parent or guardian unless the court
makes a specific finding that the parent or guardian is able to pay.
(d) Any parental reimbursement obligation under this section shall
be paid directly to the department and not to the local court clerk so
long as the child in need of services case or juvenile delinquency case
is open. The department 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 or juvenile delinquency action, the
department 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 and shall be promptly forwarded to the department in the
same manner as any other judgment payment.
(f) A parent is presumed indigent unless a court makes a specific
finding that states otherwise.
[Pre-1997 Recodification Citation: 31-6-4-18(c), (e)
part.]
As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999,
SEC.120; P.L.146-2008, SEC.667; P.L.182-2009(ss), SEC.388;
P.L.101-2022, SEC.30; P.L.151-2023, SEC.1.
Notes of Decisions
J.T. v. State of Indiana (mem. dec.), 111 N.E.3d 1019 (Ind. Ct. App. 2018).
· cites it 6× “[....] [T]he juvenile court shall order the child's parents or the guardian of the child's estate to pay for, or reimburse the department for the cost of services provided to the child or the parent or guardian unless the court makes a specific finding that the parent or…”
M.L. v. State, 838 N.E.2d 525 (Ind. Ct. App. 2005).
· cites it 4× “Compare Ind.Code § 31-40-1-3 ("A parent ... of a child adjudicated a delinquent child .”
M.Q.M. v. State, 840 N.E.2d 441 (Ind. Ct. App. 2006).
· cites it 2× “Payment of Fees Indiana Code Section 31-40-2-l(a) provides that a juvenile court may order a delinquent child or the child's parent to pay an initial and a monthly probation user's fee and an administrative fee, subject to Indiana Code Section 31-40-1-3. Indiana Code Section…”
In re K.G., 781 N.E.2d 700 (Ind. Ct. App. 2002).
· cites it 2× “…unless the court finds that the parent is unable to pay or that justice could not be served by ordering such payment. Ind.Code § 31-40-1-3.”
F.A. v. State of Indiana, No. 19A-JV-2438 (Ind. Ct. App. May 1, 2020).
· cites it 12× “***** Ind. Code § 31-40-1-3 .8 (emphasis added).”
MQM v. State, 840 N.E.2d 441 (Ind. Ct. App. 2006).
· cites it 4× “Payment of Fees Indiana Code Section 31-40-2-1(a) provides that a juvenile court may order a delinquent child or the child's parent to pay an initial and a monthly probation user's fee and an administrative fee, subject to Indiana Code Section 31-40-1-3. Indiana Code Section…”
ML v. State, 838 N.E.2d 525 (Ind. Ct. App. 2005).
· cites it 4× “In support of this view, the majority cites Ind.Code Ann. § 31-40-1-3 (West, PREMISE through 2005 Public Laws), which provides that the parents of a child adjudicated to be delinquent are liable for any services ordered by the court under that section, and Ind.”
J.T. v. State, 116 N.E.3d 459 (Ind. 2019).
· cites it 6× “" Ind. Code § 31-40-1-3 (c). The actual process of this inquiry likely varies from county to county and from court to court, and I have no reason to believe the trial court in this case did anything out of the ordinary.”
E.M. v. State of Indiana (mem. dec.), No. 18A-JV-706 (Ind. Ct. App. Apr. 25, 2019).
· cites it 4× “[15] The reimbursement statute, Ind. Code § 31-40-1-3 , provides, in pertinent part: (a) A parent or guardian of the estate of: (1) a child adjudicated a delinquent child .”
K.B. v. State of Indiana (mem. dec.), No. 19A-JV-2135 (Ind. Ct. App. Apr. 8, 2020).
· cites it 4× “3 Our Court recently addressed INDIANA CODE § 31-40-1-3, sometimes referred to as the reimbursement statute, as follows: The reimbursement statute provides that the juvenile court “shall” order parents to pay for or reimburse the costs of services provided to the delinquent…”
D.H. v. State of Indiana, No. 49A04-1110-JV-533 (Ind. Ct. App. Apr. 12, 2012).
· cites it 4× “Administrative Fee Pursuant to Indiana Code Section 31-40-2-1(a), a juvenile court may order a delinquent child or the child’s parent to pay probation fees and an administrative fee, subject to Indiana Code Section 31-40-1-3. Indiana Code Section 31-40-1-3(a) provides that a…”
Ind. Code § 31-40-1-3(a): 4 cases
MQM v. State, 840 N.E.2d 441 (Ind. Ct. App. 2006).
“Payment of Fees Indiana Code Section 31-40-2-1(a) provides that a juvenile court may order a delinquent child or the child's parent to pay an initial and a monthly probation user's fee and an administrative fee, subject to Indiana Code Section 31-40-1-3. Indiana Code Section…”
J.T. v. State, 116 N.E.3d 459 (Ind. 2019).
“" Ind. Code § 31-40-1-3 (c). The actual process of this inquiry likely varies from county to county and from court to court, and I have no reason to believe the trial court in this case did anything out of the ordinary.”
D.H. v. State of Indiana, No. 49A04-1110-JV-533 (Ind. Ct. App. Apr. 12, 2012).
“Administrative Fee Pursuant to Indiana Code Section 31-40-2-1(a), a juvenile court may order a delinquent child or the child’s parent to pay probation fees and an administrative fee, subject to Indiana Code Section 31-40-1-3. Indiana Code Section 31-40-1-3(a) provides that a…”
Ind. Code § 31-40-1-3(b): 1 case
F.A. v. State of Indiana, No. 19A-JV-2438 (Ind. Ct. App. May 1, 2020).
“***** Ind. Code § 31-40-1-3 .8 (emphasis added).”
Ind. Code § 31-40-1-3(c): 4 cases
F.A. v. State of Indiana, No. 19A-JV-2438 (Ind. Ct. App. May 1, 2020).
“***** Ind. Code § 31-40-1-3 .8 (emphasis added).”
E.M. v. State of Indiana (mem. dec.), No. 18A-JV-706 (Ind. Ct. App. Apr. 25, 2019).
“[15] The reimbursement statute, Ind. Code § 31-40-1-3 , provides, in pertinent part: (a) A parent or guardian of the estate of: (1) a child adjudicated a delinquent child .”
K.B. v. State of Indiana (mem. dec.), No. 19A-JV-2135 (Ind. Ct. App. Apr. 8, 2020).
“3 Our Court recently addressed INDIANA CODE § 31-40-1-3, sometimes referred to as the reimbursement statute, as follows: The reimbursement statute provides that the juvenile court “shall” order parents to pay for or reimburse the costs of services provided to the delinquent…”
J.T. v. State, 116 N.E.3d 459 (Ind. 2019).
“" Ind. Code § 31-40-1-3 (c). The actual process of this inquiry likely varies from county to county and from court to court, and I have no reason to believe the trial court in this case did anything out of the ordinary.”
Ind. Code § 31-40-1-3(d): 1 case
J.T. v. State of Indiana (mem. dec.), 111 N.E.3d 1019 (Ind. Ct. App. 2018).
“[....] [T]he juvenile court shall order the child's parents or the guardian of the child's estate to pay for, or reimburse the department for the cost of services provided to the child or the parent or guardian unless the court makes a specific finding that the parent or…”
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