LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6087 NOTE PREPARED: Jan 12, 2024
BILL NUMBER: SB 40 BILL AMENDED: Jan 11, 2024
SUBJECT: Caregiver Counsel Pilot Program.
FIRST AUTHOR: Sen. Bohacek BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill establishes the Caregiver Counsel Pilot Program in LaPorte
County, Marshall County, and Starke County. It also provides that an unlicensed caregiver is entitled to
representation by counsel in a child in need of services (CHINS) proceeding under certain circumstances.
Effective Date: July 1, 2024.
Explanation of State Expenditures: (Revised) Public Defense Fund: If an unlicensed caregiver is found
indigent and entitled to representation, it will 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
approximately $50,112 to $59,508 annually, beginning in FY 2025.
Department of Child Services (DCS): This bill could increase the workload of the DCS to attend additional
court hearings. The workload impact will likely be minimal, and the DCS could likely accomplish the task
within existing resources.
Additional Information - According to the DCS’s Practice Indicator Report, on average, about 140 CHINS
were in relative placement within the last 12 months in the pilot counties. According to the DCS, about 75%
of relative home placements are unlicensed caregivers. OFMA assumes the cost-per-case for a unlicensed
caregiver is similar to the cost of representation for a parent, guardian, or custodian in a CHINS case.
Explanation of State Revenues:
Explanation of Local Expenditures: (Revised) Summary - The bill requires the court to establish a
SB 40 1 caregiver counsel pilot program in LaPorte, Marshall, and Starke counties. As a result, the bill is estimated
to increase local expenditures in the pilot counties by approximately $99,963 to $159,732 annually. The costs
incurred by these counties may be partially offset by the federal Title IV-E reimbursement grant for eligible
CHINS expenses.
(Revised) LaPorte County: The bill is estimated to increase LaPorte County public defense expenditures by
approximately $75,168 to $89,262 annually. This estimate includes a 40% reimbursement from the Public
Defender Commission. In CY 2023, LaPorte County had about 104 CHINS in relative home placement.
(Revised) Marshall and Starke Counties: The bill is estimated to increase Marshall and Starke counties
public defense services by approximately $24,795 to $70,470 annually. In CY 2023, there were about 36
CHINS in relative home placement in Marshall and Starke counties.
(Revised) Additional Information - If the unlicensed caregiver is found indigent, the court shall appoint
counsel to represent an unlicensed caregiver in every permanency hearing held in the CHINS case. 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 (termination of parental rights)
case, and a parent in a juvenile CHINS case.
Explanation of Local Revenues:
State Agencies Affected: Department of Child Services; Public Defender Commission.
Local Agencies Affected: Courts with juvenile and probate jurisdiction; County public defenders; LaPorte,
Marshall, and Starke counties.
Information Sources: Indiana Public Defender Commission, Funding and Reimbursement History,
https://www.in.gov/publicdefender/funding-and-reimbursement-history/; Indiana Supreme Court, Reports
& Statistics, https://publicaccess.courts.in.gov/ICOR; Department of Child Services, Report & Statistics,
Practice Indicator Reports, September 2022 - September 2023; DCS Sibling Placement Report,
https://www.in.gov/dcs/reports-and-statistics/practice-indicator-reports/september-2023/.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 40 2