HOUSE BILL No. 1263
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-23-6-2.
Synopsis: Domestic relations alternative dispute resolution. Specifies
that the St. Joseph County probate court may participate in a domestic
relations alternative dispute resolution (ADR) program. Allows two or
more courts in a county to use a single ADR fund. Allows a county to
deposit copayments made by litigants in ADR programs into the
county's ADR fund.
Effective: July 1, 2005.
Pond, Dvorak, Ayres, Cheney
January 6, 2005, read first time and referred to Committee on Judiciary.
First Regular Session 114th General Assembly (2005)
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HOUSE BILL No. 1263
A BILL FOR 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)IN1263.1.1. -->
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
and an alternative dispute resolution fund
(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
(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.
exclusive source sources
of money for each fund
established under subsection (a) or (b) are:
the alternative dispute resolution fee collected under section
1 of this chapter for the circuit
superior court, or
(2) copayments collected under subsection (d) if:
(A) a county chooses to deposit the copayments into the
(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.
The funds shall be used to foster domestic relations
alternative dispute resolution, including:
(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,
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
superior, or probate
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.
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.