First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1493
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 31-40-1-3, AS AMENDED BY P.L.101-2022,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) Subject to subsection (f), a parent or
guardian of the estate of a child adjudicated a delinquent child or a
child in need of services is financially responsible as provided in this
chapter (or IC 31-6-4-18(e) before its repeal) for any services provided
by or through the department.
(b) Each person described in subsection (a) shall, before a hearing
under subsection (c) concerning payment or reimbursement of costs,
furnish the court and the department with an accurately completed and
current child support obligation worksheet on the same form that is
prescribed by the Indiana supreme court for child support orders.
(c) At:
(1) a detention hearing;
(2) a hearing that is held after the payment of costs by the
department under section 2 of this chapter (or IC 31-6-4-18(b)
before its repeal);
(3) the dispositional hearing; or
(4) any other hearing to consider modification of a dispositional
decree;
the juvenile court shall may not order the child's parents or the
HEA 1493 2
guardian of the child's estate to pay for, or reimburse the department for
the cost of services provided to the child or the parent or guardian
unless the court makes a specific finding that the parent or guardian is
unable able to pay. or that justice would not be served by ordering
payment from the parent or guardian.
(d) Any parental reimbursement obligation under this section shall
be paid directly to the department and not to the local court clerk so
long as the child in need of services case or juvenile delinquency case
is open. The department shall keep track of all payments made by each
parent and shall provide a receipt for each payment received. At the
end of the child in need of services or juvenile delinquency action, the
department shall provide an accounting of payments received, and the
court may consider additional evidence of payment activity and
determine the amount of parental reimbursement obligation that
remains unpaid. The court shall reduce the unpaid balance to a final
judgment that may be enforced in any court having jurisdiction over
such matters.
(e) After a judgment for unpaid parental reimbursement obligation
is rendered, payments made toward satisfaction of the judgment shall
be made to the clerk of the court in the county where the enforcement
action is filed and shall be promptly forwarded to the department in the
same manner as any other judgment payment.
(f) A parent is presumed indigent unless a court makes a specific
finding that states otherwise.
SECTION 2. IC 31-40-1-3.5, AS ADDED BY P.L.204-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3.5. (a) If a juvenile court:
(1) adjudicates a child to be a delinquent child; and
(2) awards wardship of the child to the department of correction;
the juvenile court may conduct a hearing. The juvenile court shall use
the Child Support Rules and Guidelines of the Indiana supreme court
and the child support obligation worksheet developed by the Indiana
supreme court to determine what each parent should pay for the
services provided for the child under this section. If the parent
participates with the treatment plans developed by the department of
correction, the parent or parents are entitled to receive a parenting time
credit under the Child Support Rules and Guidelines. The hearing may
be conducted before or after the department of correction incurs costs
for a child.
(b) Each parent shall, before a hearing under subsection (a), furnish
the juvenile court and the department of correction with an accurately
completed and current child support obligation worksheet on the same
HEA 1493 3
form that is prescribed by the Indiana supreme court for child support
orders.
(c) A juvenile court may not order a parent to pay or reimburse the
department of correction if unless the juvenile court makes a specific
finding that the parent is unable able to pay. or that justice would not
be served by ordering payment from the parent.
(d) If, after a hearing, the juvenile court orders a parent to pay or
reimburse costs, the parent is financially responsible for the costs of
treatment services incurred by the department of correction.
(e) Any parental reimbursement obligation under this section shall
be paid directly to the clerk of the court so long as the juvenile
delinquency case is open. The clerk of the court shall keep track of all
payments made by each parent and shall provide a receipt for each
payment received. At the end of the juvenile delinquency action, the
clerk of the court shall provide an accounting of payments received,
and the juvenile court may consider additional evidence of payment
activity and determine the amount of parental reimbursement
obligation that remains unpaid. The juvenile court shall reduce the
unpaid balance to a final judgment that may be enforced in any court
having jurisdiction over such matters.
(f) After a judgment for unpaid parental reimbursement obligation
is rendered, payments made toward satisfaction of the judgment shall
be made to the clerk of the court in the county where the enforcement
action is filed and shall be forwarded promptly to the department of
correction in the same manner as any other judgment payment.
(g) The department of correction may compromise a claim owed by
a parent under this section. The department of correction, after
obtaining the advice of the attorney general, may notify the court of a
parental reimbursement obligation that is willfully ignored.
(h) Upon release from the department of correction, the parental
reimbursement obligation payment to the department of correction
ends. If there was a child support order for the child adjudicated
delinquent, it reverts to the most recent child support order in effect
before the child's adjudication. If the child is placed with a person other
than a custodial parent, the juvenile court shall establish a new support
order for the benefit of the child being released from the department of
correction.
(i) The department of correction shall deposit money collected
under this section in the division of youth services transitional services
fund established by IC 11-10-2-11.
SECTION 3. IC 33-23-6-2, AS AMENDED BY P.L.142-2020,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1493 4
JULY 1, 2023]: Sec. 2. (a) In each county participating in the program
under this chapter, there is established an alternative dispute resolution
fund for each of the following:
(1) The circuit court.
(2) The superior court.
(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 if:
(1) the:
(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.
(c) The sources of money for each fund established under subsection
(a) or (b) are:
(1) the alternative dispute resolution fee collected under section
1 of this chapter for the circuit court, superior court, or probate
court, respectively; and
(2) copayments collected under subsection (d) if:
(A) a county chooses to deposit the copayments into the fund;
and
(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.
(d) The funds shall be used to foster domestic relations alternative
dispute resolution, including:
(1) mediation;
(2) reconciliation;
(3) nonbinding arbitration; and
(4) parental counseling; and
(5) guardian ad litem services.
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
HEA 1493 5
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.
(e) Each circuit, superior, or probate court that administers an
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.
(f) 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 under IC 35-42, the court must make a determination that
participation in services provided by this fund does not pose an
unreasonable risk of harm to any party.
SECTION 4. IC 33-37-5-21.2, AS AMENDED BY P.L.229-2011,
SECTION 259, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 21.2. (a) This subsection does not
apply to the following:
(1) A criminal proceeding.
(2) A proceeding to enforce a statute defining an infraction.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-37-1-1 and in each
small claims action in a court described in IC 33-34, the clerk shall
collect a public defense administration fee of five dollars ($5).
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have committed an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a public defense administration fee of five dollars
($5).
(c) This section does not apply to a child alleged to be a
delinquent child.
SECTION 5. IC 33-40-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) Subject to
subsection (e), if at any stage of a prosecution for a felony or a
misdemeanor the court makes a finding of ability to pay the costs of
representation under section 7 of this chapter, the court shall require
payment by the person or the person's parent, if the person is a child
alleged to be a delinquent child, of the following costs in addition to
other costs assessed against the person:
(1) Reasonable attorney's fees if an attorney has been appointed
for the person by the court.
(2) Costs incurred by the county as a result of court appointed
HEA 1493 6
legal services rendered to the person.
(b) The clerk of the court shall deposit costs collected under this
section into the supplemental public defender services fund established
under section 1 of this chapter.
(c) A person ordered to pay any part of the costs of representation
under subsection (a) has the same rights and protections as those of
other judgment debtors under the Constitution of the State of Indiana
and under Indiana law.
(d) The sum of:
(1) the fee collected under IC 35-33-7-6;
(2) any amount assessed by the court under this section; and
(3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.
(e) A court may not require payment for costs or fees under this
section for a child alleged to be a delinquent child.
SECTION 6. IC 33-40-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) If a defendant or
a child alleged to be a delinquent child is receiving publicly paid
representation, the court shall consider:
(1) the person's independently held assets and assets available to
the spouse of the person or the person's parent if the person is
unemancipated;
(2) the person's income;
(3) the person's liabilities; and
(4) the extent of the burden that payment of costs assessed under
section 6 of this chapter would impose on the person and the
dependents of the person.
(b) If, after considering the factors described in subsection (a), the
court determines that the person is able to pay the costs of
representation, the court shall enter a finding that the person is able to
pay those additional costs.
HEA 1493 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1493