Indiana Code - Family Law and Juvenile Law - Title 31, Section 31-40-1-5

Obligation of parent or guardian for costs of institutional
placement of child; remittance of support payments; enforcement

Sec. 5. (a) This section applies whenever the court orders or
approves removal of a child from the home of a child's parent or
guardian and placement of the child in a child caring institution (as
defined in IC 12-7-2-29), a foster family home (as defined in
IC 12-7-2-90), 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 court shall order
the support payments to be assigned to the county office for the
duration of the placement out of the home of the child's parent or
guardian. The 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 removal or placement of the child an
assignment to the county office, 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 county office 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 county office 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) and the cost of
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 clerk of the circuit court
as trustee for remittance to the county office.
(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 12-17-2 and 42 U.S.C. 654. The county office
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 county office
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 county office for all or any portion of the
expenses for services provided to or for the benefit of the child that
are paid from the county family and children's fund 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.

As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999,
SEC.121.

Last modified: May 24, 2006