LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington, Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6440 NOTE PREPARED: Jan 7, 2022
BILL NUMBER: SB 180 BILL AMENDED:
SUBJECT: Juvenile Court Appointed Attorney for Child.
FIRST AUTHOR: Sen. Ford Jon BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Public Defender: This bill requires an appointed attorney in certain types of
juvenile court cases. It requires the juvenile court to appoint the attorney before the first hearing. It allows
the juvenile court to appoint a public defender for certain cases.
Attorney’s Fees: It allows the juvenile court to order a parent or guardian to pay for an appointed attorney's
fees to the extent that the amount the parent or guardian is ordered to pay will not cause a substantial
hardship to the child's family.
Guardian Ad Litem (GAL): It requires a GAL to be an attorney if the petition for child in need of services
(CHINS) alleges abuse or neglect, and provides that the GAL cannot be the same person as the child's
attorney.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Summary - The bill will significantly increase the number of claims
for reimbursement from the Public Defense Fund. The bill is estimated to increase state expenditures from
the Public Defense Fund by $11.3 M annually, beginning in FY 2023.
The estimate includes reimbursements at 40% for public defenders in commission counties in CHINS and
termination of parental rights (TPR) cases. Under current statute (IC 33-40-6-6), if the balance in the Public
Defense Fund is not adequate to fully reimburse all certified claims in noncapital cases, the Public Defender
Commission shall prorate reimbursement of certified claims in noncapital cases.
SB 180 1 Currently, the Commission does not reimburse counties for a GAL attorney or a CASA attorney. As a result,
counties would not be eligible to receive reimbursement for costs incurred in a CHINS or TPR case if a GAL
or CASA attorney is appointed.
Additional Information - The state expenditure estimate is based on a five-year average of new CHINS and
TPR cases filed and the costs per case. OFMA assumes that every child will be appointed a public defender.
According to the Public Defender Commission, counties are not required to report the cost of CHINS and
TPR cases separately. The estimated cost per case is based on the cost to represent the parents in these case
types. Based on attorney caseloads and associated costs in 2019, the estimated cost per CHINS and TPR case
is $1,320. Also, OFMA assumes the cost of indigent counsel services will be the same for commission
counties, non-commission counties, and GAL/CASA attorneys.
Counties are eligible for reimbursement from the Public Defense Fund when they establish a public defender
board and adopt a comprehensive plan for indigent defense services. This plan includes applicable rules and
procedures for determining eligibility for services; policies and procedures for ordering indigent persons in
criminal cases to pay some or all of the costs of defense service; and appointment and compensation,
appropriate caseloads, training, and professional development for attorneys.
Explanation of State Revenues:
Explanation of Local Expenditures: Summary - The bill’s requirements will significantly increase county
costs and caseloads for indigent counsel services. It is estimated to increase local expenditures by
approximately $38.4 M to $49.7 M. If the new caseload will exceed the current caseload standards, OFMA
estimates that counties will potentially need to hire at least 104 to 131 additional public defenders to handle
the caseload.
This bill creates a new group of indigent persons who are entitled to legal counsel and potentially eligible
for indigent counsel services. It provides that the court shall appoint an attorney for every child in a CHINS,
TPR, and juvenile delinquency case. As a result, this will increase the caseload of county public defenders
to represent children in CHINS and TPR cases.
Under current law, a public defender must be appointed to an indigent person at the trial and appellate level
for a criminal case, a child charged with a delinquent act case, a parent in a TPR case, and a parent in a
juvenile CHINS case.
Additional Information - County Public Defenders: If a child in a CHINS, juvenile delinquency, or TPR
proceeding does not have an attorney and is found to be indigent, the juvenile court shall appoint counsel
for the child. If a juvenile court appoints a public defender, the bill is estimated to increase local expenditures
between $16.9 and $28.2 M annually, beginning in FY 2023. This estimate depends on the amount of
reimbursement for commission counties and the remaining cost paid by the county. It will also increase the
caseload of county public defenders to represent children in CHINS and TPR cases.
Guardian Ad Litem (GAL)/ Court Appointed Special Advocate Attorneys (CASA): If a CHINS petition alleges
that a child is abused or neglected, the court must appoint a GAL attorney or a CASA attorney. If a county
must appoint a GAL or CASA attorney, the bill is estimated to increase local expenditures by $21.5 M,
beginning in FY 2023.
Caseload Standards: The bill’s requirements will significantly increase the caseload of public defenders. To
SB 180 2 the extent the new caseload exceeds the current Commission standards, local expenditures will increase to
hire additional public defenders. Based on the caseload standards for the Commission, the counties will need
to hire at least 104 to 131 additional public defenders to remain adequately staffed. If a commission county
remain out of compliance with the caseload standards, the county will be ineligible to receive reimbursement
for the cost incurred for indigent counsel services.
Guardian Ad Litem/ Court Appointed Special Advocates Programs: The bill could potentially decrease the
number of GAL and CASA volunteers who are eligible for appointment by the juvenile court in CHINS and
TPR cases.
Explanation of Local Revenues: The court could collect additional attorney fees from a parent or guardian
to the extent that the amount the parent or guardian is ordered to pay will not cause a substantial hardship
to the child's family.
State Agencies Affected: Public Defender Commission.
Local Agencies Affected: County Public Defenders; GAL/CASA Programs.
Information Sources: Public Defender Commission; Indiana Supreme Court, Trial Court Statistics by
County, https://publicaccess.courts.in.gov/ICOR/; Children’s Bureau, Adoption and Foster Care Analysis
and Reporting System (AFCARS), Indiana, https://cwoutcomes.acf.hhs.gov/cwodatasite/pdf/indiana.html;
National AFCARS Report, Preliminary FFY 2020 Estimates as of October 4, 2021,
https://www.acf.hhs.gov/sites/default/files/documents/cb/afcarsreport28.pdf.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 180 3