2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.141 - EXPENSES.

        232.141  EXPENSES.
         1.  Except as otherwise provided by law, the court shall inquire
      into the ability of the child or the child's parent to pay expenses
      incurred pursuant to subsections 2, 4, and 8.  After giving the
      parent a reasonable opportunity to be heard, the court may order the
      parent to pay all or part of the costs of the child's care,
      examination, treatment, legal expenses, or other expenses.  An order
      entered under this section does not obligate a parent paying child
      support under a custody decree, except that part of the monthly
      support payment may be used to satisfy the obligations imposed by the
      order entered pursuant to this section.  If a parent fails to pay as
      ordered, without good reason, the court may proceed against the
      parent for contempt and may inform the county attorney who shall
      proceed against the parent to collect the unpaid amount.  Any payment
      ordered by the court shall be a judgment against each of the child's
      parents and a lien as provided in section 624.23.  If all or part of
      the amount that the parents are ordered to pay is subsequently paid
      by the county or state, the judgment and lien shall thereafter be
      against each of the parents in favor of the county to the extent of
      the county's payments and in favor of the state to the extent of the
      state's payments.
         2.  All of the following juvenile court expenses are a charge upon
      the county in which the proceedings are held, to the extent provided
      in subsection 3:
         a.  Juvenile court expenses incurred by an attorney appointed
      by the court to serve as counsel to any party or to serve as a
      guardian ad litem for any child, including fees and expenses for
      foreign language interpreters, costs of depositions and transcripts,
      fees and mileage of witnesses, and the expenses of officers serving
      notices and subpoenas.
         b.  Reasonable compensation for an attorney appointed by the
      court to serve as counsel to any party or as guardian ad litem for
      any child in juvenile court.
         c.  Fees and expenses incurred by the juvenile court for
      foreign language interpreters for court proceedings.
         3.  Costs incurred under subsection 2 shall be paid as follows:
         a.  A county shall be required to pay for the fiscal year
      beginning July 1, 1989, an amount equal to the county's base cost for
      witness and mileage fees and attorney fees established pursuant to
      section 232.141, subsection 8, paragraph "d", Code 1989, for the
      fiscal year beginning July 1, 1988, plus an amount equal to the
      percentage rate of change in the consumer price index as tabulated by
      the federal bureau of labor statistics for the current year times the
      county's base cost.
         b.  A county's base cost for a fiscal year plus the percentage
      rate of change amount as computed in paragraph "a" is the
      county's base cost for the succeeding fiscal year.  The amount to be
      paid in the succeeding year by the county shall be computed as
      provided in paragraph "a".
         c.  The county, on an annual basis, shall pay to the indigent
      defense fund created under section 815.11 the amount of the county's
      base cost as determined in accordance with this subsection.
         d.  Costs incurred under subsection 2 shall be paid by the
      state from the appropriations to the indigent defense fund under
      section 815.11 in accordance with this chapter, chapter 815, and the
      rules adopted by the state public defender.  The county shall be
      required to reimburse the indigent defense fund for costs incurred by
      the state up to the county's base in this subsection.
         4.  Upon certification of the court, all of the following expenses
      are a charge upon the state to the extent provided in subsection 5:
         a.  The expenses of transporting a child to or from a place
      designated by the court for the purpose of care or treatment.
         b.  Expenses for mental or physical examinations of a child if
      ordered by the court.
         c.  The expenses of care or treatment ordered by the court.
         5.  If no other provision of law requires the county to reimburse
      costs incurred pursuant to subsection 4, the department shall
      reimburse the costs as follows:
         a.  The department shall prescribe by administrative rule all
      services eligible for reimbursement pursuant to subsection 4 and
      shall establish an allowable rate of reimbursement for each service.

         b.  The department shall receive billings for services
      provided and, after determining allowable costs, shall reimburse
      providers at a rate which is not greater than allowed by
      administrative rule.  Reimbursement paid to a provider by the
      department shall be considered reimbursement in full unless a county
      voluntarily agrees to pay any difference between the reimbursement
      amount and the actual cost.  When there are specific program
      regulations prohibiting supplementation those regulations shall be
      applied to providers requesting supplemental payments from a county.
      Billings for services not listed in administrative rule shall not be
      paid.  However, if the court orders a service not currently listed in
      administrative rule, the department shall review the order and, if
      reimbursement for the service of the department is not in conflict
      with other law or administrative rule, and meets the criteria of
      subsection 4, the department shall reimburse the provider.
         6.  If a child is given physical or mental examinations or
      treatment relating to a child abuse assessment with the consent of
      the child's parent, guardian, or legal custodian and no other
      provision of law otherwise requires payment for the costs of the
      examination and treatment, the costs shall be paid by the state.
      Reimbursement for costs of services described in this subsection is
      subject to subsection 5.
         7.  A county charged with the costs and expenses under subsections
      2 and 3 may recover the costs and expenses from the county where the
      child has legal settlement by filing verified claims which are
      payable as are other claims against the county.  A detailed statement
      of the facts upon which a claim is based shall accompany the claim.
      Any dispute involving the legal settlement of a child for which the
      court has ordered payment under this section shall be settled
      pursuant to sections 252.22 and 252.23.
         8.  This subsection applies only to placements in a juvenile
      shelter care home which is publicly owned, operated as a county or
      multicounty shelter care home, organized under a chapter 28E
      agreement, or operated by a private juvenile shelter care home.  If
      the actual and allowable costs of a child's shelter care placement
      exceed the amount the department is authorized to pay in accordance
      with law and administrative rule, the unpaid costs may be recovered
      from the child's county of legal settlement.  However, the maximum
      amount of the unpaid costs which may be recovered under this
      subsection is limited to the difference between the amount the
      department is authorized to pay and the statewide average of the
      actual and allowable rates in effect in May of the preceding fiscal
      year for reimbursement of juvenile shelter care homes.  In no case
      shall the home be reimbursed for more than the home's actual and
      allowable costs.  The unpaid costs are payable pursuant to filing of
      verified claims against the county of legal settlement.  A detailed
      statement of the facts upon which a claim is based shall accompany
      the claim.  Any dispute between counties arising from filings of
      claims pursuant to this subsection shall be settled in the manner
      provided to determine legal settlement in section 225C.8.  

         Section History: Early Form

         [S13, § 254-a25, -a45; C24, 27, 31, 35, 39, § 3644, 3645; C46,
      50, 54, 58, 62, § 232.25, 232.26; C66, 71, 73, 75, 77, §
      232.51--232.53; C79, 81, § 232.141; 82 Acts, ch 1260, § 119] 

         Section History: Recent Form

         85 Acts, ch 173, §14; 87 Acts, ch 152, §1; 88 Acts, ch 1134, §54;
      89 Acts, ch 283, §23; 90 Acts, ch 1233, §8; 92 Acts, ch 1229, § 8; 92
      Acts, 1st Ex, ch 1004, § 3; 93 Acts, ch 76, §15; 93 Acts, ch 172,
      §34; 97 Acts, ch 35, §12, 25; 97 Acts, ch 126, § 31; 99 Acts, ch 135,
      §20, 21; 2000 Acts, ch 1115, §2--4; 2002 Acts, ch 1119, §147; 2004
      Acts, ch 1090, §51; 2004 Acts, ch 1175, §148; 2006 Acts, ch 1041, §5,
      6
         Referred to in § 232.11, 232.52, 232.89, 232.143, 234.8, 237.20,
      331.401, 602.1302, 602.1303, 815.11