First Regular Session 114th General Assembly (2005)


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    HOUSE ENROLLED ACT No. 1263



     AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-23-6-2; (05)HE1263.1.1. -->     SECTION 1. IC 33-23-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (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. and an alternative dispute resolution fund for the
         (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 exclusive source sources of money for each fund is established under subsection (a) or (b) are:
        (1)
the alternative dispute resolution fee collected under section 1 of this chapter for the circuit or 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.

    (b) (d) The funds shall be used to foster domestic relations alternative dispute resolution, including:
        (1) mediation;
        (2) reconciliation;
        (3) nonbinding arbitration; and
        (4) parental counseling.
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, or 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.
    (c) The (e) Each circuit, or superior, or probate court that administers the 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.
    (d) (f) A court may not order parties into mediation or refer parties to mediation if a party is currently charged with or has been convicted of a crime:
        (1) under IC 35-42; or
        (2) in another jurisdiction that is substantially similar to the elements of a crime described in IC 35-42.


HEA 1263

Figure

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