2017 Indiana Code
TITLE 31. Family Law and Juvenile Law
ARTICLE 40. JUVENILE LAW: FUNDING
CHAPTER 1. Cost of Services; Liability of Parent or Guardian to Pay
31-40-1-6. Contracts for enforcement and collection of parental reimbursement obligations

     Sec. 6. (a) The department may contract with any of the following, on terms and conditions with respect to compensation and payment or reimbursement of expenses as the department may determine, for the enforcement and collection of any parental reimbursement obligation established by order entered by the court under section 3 or 5(g) of this chapter:

(1) The prosecuting attorney of the county in which the juvenile court that ordered or approved the services is located or in which the obligor resides.

(2) An attorney licensed to practice law in Indiana, if the attorney is not an employee of the department.

(3) A private collection agency licensed under IC 25-11.

     (b) A contract entered into under this section is subject to approval under IC 4-13-2-14.1.

     (c) Any fee payable to a prosecuting attorney under a contract under subsection (a)(1) shall be deposited in the county general fund and credited to a separate account identified as the prosecuting attorney's child services collections account. The prosecuting attorney may expend funds credited to the prosecuting attorney's child services collections account, without appropriation, only for the purpose of supporting and enhancing the functions of the prosecuting attorney in enforcement and collection of parental obligations to reimburse the department.

     (d) Contracts between a prosecuting attorney, a private attorney, or a collection agency licensed under IC 25-11 and the department:

(1) must:

(A) be in writing;

(B) include:

(i) all fees, charges, and costs, including administrative and application fees; and

(ii) the right of the department to cancel the contract at any time;

(C) require the prosecuting attorney, private attorney, or collection agency, upon the request of the department, to provide the:

(i) source of each payment received for a parental reimbursement order;

(ii) form of each payment received for a parental reimbursement order; and

(iii) amount and percentage that is deducted as a fee or a charge from each payment on the parental reimbursement order; and

(D) have a term of not more than four (4) years; and

(2) may be negotiable contingency contracts in which a prosecuting attorney, private attorney, or collection agency may not collect a fee that exceeds fifteen percent (15%) of the parental reimbursement collected per case.

     (e) A prosecuting attorney, private attorney, or collection agency that contracts with the department under this section may, in addition to the collection of the parental reimbursement order, assess and collect from an obligor all fees, charges, costs, and other expenses as provided under the terms of the contract described in subsection (d).

As added by P.L.273-1999, SEC.122. Amended by P.L.145-2006, SEC.363; P.L.146-2008, SEC.670; P.L.182-2009(ss), SEC.389.