Citations Affected: IC 31-40-1-2.
Synopsis: Placement of children outside Indiana. Removes a provision
that states the department of child services (department) is responsible
for payment of any costs or expenses for housing or services provided
to or for the benefit of a child placed by a juvenile court in a home or
facility located outside Indiana only if the director of the department or
the director's designee recommends or approves the placement.
Provides that the department is responsible for these costs and
expenses if a juvenile court places a child in a home or facility that is
located outside Indiana and the: (1) juvenile court makes written
findings based on clear and convincing evidence that the out-of-state
placement is appropriate because there is not a comparable facility with
adequate services located in Indiana or the location of the home or
facility is within a distance not greater than 50 miles from the county
of residence of the child; or (2) placement is recommended or approved
by the director of the department or the director's designee.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
expenses for child services for a child if:
(1) the juvenile court has not entered the required findings and
conclusions in accordance with IC 31-34-5-3, IC 31-34-20-1,
IC 31-37-6-6, IC 31-37-19-1, or IC 31-37-19-6 (whichever is
applicable); and
(2) the department has determined that the child otherwise meets
the eligibility requirements for assistance under Title IV-E of the
federal Social Security Act (42 U.S.C. 670 et seq.).
(e) In all cases under this title, if the juvenile court orders services,
programs, or placements that:
(1) are not eligible for federal assistance under either Title IV-B
of the federal Social Security Act (42 U.S.C. 620 et seq.) or Title
IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.);
and
(2) have not been recommended or approved by the department;
the department is not responsible for payment of the costs of those
services, programs, or placements.
(f) The department is not responsible for payment of any costs or
expenses for housing or services provided to or for the benefit of a
child placed by a juvenile court in a home or facility located outside
Indiana if the placement is not recommended or approved by the
director of the department or the director's designee. does not comply
with the conditions stated in IC 31-34-20-1(b) or IC 31-37-19-3(b).
(g) The department is not responsible for payment of any costs or
expenses of child services for a delinquent child under a dispositional
decree entered under IC 31-37-19, if the probation officer who
prepared the predispositional report did not submit to the department
the information relating to determination of eligibility of the child for
assistance under Title IV-E of the Social Security Act (42 U.S.C. 670
et seq.), as required by IC 31-37-17-1(a)(3).
(h) If:
(1) the department is not responsible for payment of costs or
expenses of services, programs, or placements ordered by a court
for a child or the child's parent, guardian, or custodian, as
provided in this section; and
(2) another source of payment for those costs or expenses is not
specified in this section or other applicable law;
the county in which the child in need of services case or delinquency
case was filed is responsible for payment of those costs and expenses.