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H0031........................................................by MR. SPEAKER
Department of Juvenile Corrections
JUVENILE OFFENDERS - Amends and adds to existing law to provide that the
Department of Juvenile Corrections may establish and enforce child support
to reimburse the department for costs incurred for the care and support of
juveniles committed to its custody; and to provide that the department may
contract with the Department of Health and Welfare for services relating to
child support.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
H0031|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 31 BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-504, IDAHO CODE, TO 3 ALLOW THE DEPARTMENT OF JUVENILE CORRECTIONS TO CONTRACT WITH THE DEPART- 4 MENT OF HEALTH AND WELFARE FOR SERVICES RELATING TO CHILD SUPPORT; AND 5 AMENDING SECTION 20-524, IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT MAY 6 ESTABLISH AND ENFORCE CHILD SUPPORT TO REIMBURSE THE DEPARTMENT FOR COSTS 7 INCURRED FOR THE CARE AND SUPPORT OF JUVENILES COMMITTED TO ITS CUSTODY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 20-504, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 20-504. DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS. (1) The depart- 12 ment shall have jurisdiction over all juveniles committed to it pursuant to 13 chapter 5, title 20, Idaho Code. 14 (2) The department is responsible for all juvenile offenders committed to 15 it by the courts of this state for confinement. The department shall also 16 establish minimum standards for detention, care and certification of approved 17 detention facilities based upon such standards. 18 (3) The department shall establish and administer all secure residential 19 facilities including all state juvenile corrections centers. 20 (4) The department shall make all decisions regarding placement of juve- 21 nile offenders committed to it in the most appropriate program for supervision 22 and treatment. 23 (5) The department shall establish an observation and assessment process 24 for juvenile offenders committed to it by a court. 25 (6) The department shall establish liaison services with the counties. 26 (7) The department may establish and operate work programs designed to 27 employ juvenile offenders in public service work projects for the purpose of 28 reimbursing victims of the juvenile offender's delinquent behavior. 29 (8) The department is hereby authorized and may place juveniles committed 30 to it pursuant to this chapter on a ranch, in a forestry camp or similar 31 facility for care and for work, if possible; provided, that the person, agency 32 or association operating the facility has been approved and has otherwise com- 33 plied with all applicable state and local laws. A juvenile placed in a for- 34 estry camp or similar facility may be required to work on fire prevention, 35 forestation and reforestation, recreational works, forest roads and on other 36 works on or off the grounds of such facility and may be paid wages. 37 (9) The department shall establish minimum standards for the operation of 38 all private residential and nonresidential facilities and programs which pro- 39 vide services to juvenile offenders. The standards shall be no more stringent 40 than standards imposed for facilities operated by the department or for deten- 41 tion facilities operated by counties. 42 (10) The department shall assist counties in establishing meaningful pro- 43 grams for juveniles who either have been found to come under the purview of 2 1 this chapter or who have had their case informally diverted pursuant to sec- 2 tion 20-511, Idaho Code, and who have not been committed to the legal custody 3 of the department. 4 (11) The department shall have authority to adopt such administrative 5 rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, 6 as are deemed necessary or appropriate for the functioning of the department 7 and the implementation and administration of this act. 8 (12) The department shall have the authority to contract with any 9 public or private entity for the establishment and enforcement of support for 10 juveniles committed to the department of juvenile corrections. 11 (13) Subject to any competitive bidding requirements otherwise pro- 12 vided by law, the department shall have authority to enter into contracts with 13 a private association or organization or other public agency or organization 14 for the inspection and licensure of detention facilities. 15 (134 ) Subject to any competitive bidding 16 requirements otherwise provided by law, the department shall have authority to 17 enter into contracts with private providers or local governmental agencies for 18 the confinement or other permanent or temporary placement of juveniles commit- 19 ted to its custody. 20 (145 ) The department shall have authority to 21 apply for, receive and expend federal funds, subject to appropriation by the 22 legislature. The department shall have authority to establish guidelines for 23 and administer the distribution of state block grant funds to counties for the 24 employment and training of county probation officers, the establishment of 25 secure and nonsecure residential or nonresidential facilities and programs for 26 juvenile offenders. The department may require that a county provide matching 27 funds as a condition of receiving a block grant. The department, by rule, in 28 cooperation with the courts and the counties, shall establish uniform stan- 29 dards, criteria and operating procedures for county juvenile probation ser- 30 vices, as well as qualifications for and standards for the training of juve- 31 nile probation officers. 32 (156 ) All of the powers and duties imposed upon 33 or granted to the director of the department of health and welfare or the 34 board of health and welfare pursuant to chapter 18, title 16, Idaho Code, are 35 hereby transferred to the director of the department of juvenile corrections. 36 The director shall have all such powers and duties as may have been or could 37 have been exercised by his predecessors in law with respect to chapter 18, 38 title 16, Idaho Code, and shall be the successor in law to all contractual 39 obligations entered into by his predecessor in law. 40 SECTION 2. That Section 20-524, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 20-524. SUPPORT OF JUVENILE -- REIMBURSEMENT FOR COSTS INCURRED -- PAY- 43 MENT OF DETENTION COSTS. (1) Upon the commitment of a juvenile to the 44 custody of the department, a debt is created which is due and owing to the 45 department by the parent, guardian or other persons legally obligated to care 46 for and support the juvenile. The debt arises from the date the juvenile is 47 committed to the department and continues until the juvenile is released from 48 the custody of the department. The debt is equal to the support obligation as 49 subsequently determined by a court pursuant to the Idaho child support guide- 50 lines. The debt shall not exceed the amount expended by the department for the 51 care and support of the juvenile. The department shall be subrogated to the 52 right of the juvenile or the person having the care, custody, and control of 53 the juvenile to prosecute or maintain any support action existing under the 3 1 laws of the state of Idaho to obtain reimbursement of the moneys expended for 2 the care and support of the juvenile. If an order already exists for the sup- 3 port of the juvenile, the department shall be subrogated to the debt created 4 by such order. When a written agreement for payment of support has been 5 entered into by the department and the responsible parent, guardian or other 6 legally obligated person, the debt shall be limited to the amount provided for 7 in the agreement. 8 (2) Whenever a juvenile is placed by the court in custody9other than that of the juvenile's parents, guardian or custodian, after due10notice to the parent, guardian or other persons legally obligated to care for11and support the juvenile, and after a hearingof the department 12 of juvenile corrections , the courtmayshall 13 orderand decree thatthe parent or other legally obligated per- 14 sonshallto payin such a manner as the court15may direct a reasonable sum that will cover in whole or in partthe 16 department for the support and treatment of the juvenile.17If the parent or other legally obligated person willfully fails or refuses to18pay such sum, the court may proceed against him for contempt, or the order may19be filed and shall have the effect of a civil judgmentpursuant 20 to the Idaho child support guidelines . 21 (23 ) If the juvenile is detained, the court may 22 order that the parents or other legal guardian of the juvenile contribute to 23 the costs of detention in an amount to be set by the court. The order may be 24 filed and shall have the effect of a civil judgment. It is the intent of the 25 legislature that foster parents or a parent or legal guardian receiving public 26 assistance relating to that juvenile should not benefit from the continued 27 receipt of payments or public assistance from any state or federal agency 28 while the juvenile is detained. The department of health and welfare is 29 directed to promulgate a rule implementing this intent. 30 (34 ) All child support orders shall notify the 31 obligor that the order will be enforced by income withholding pursuant to 32 chapter 12, title 32, Idaho Code. 33 (45 ) Failure to include these provisions does 34 not affect the validity of the support order or decree. The court shall 35 require that the social security numbers of both the obligor and obligee be 36 included in the order or decree. 37 (56 ) If the juvenile is committed to the cus- 38 tody of the department of juvenile corrections pursuant to chapter 5, title 39 20, Idaho Code, the department shall reimburse the county for the period of 40 time in excess of five (5) days during which the juvenile is housed at a 41 detention facility. The time period shall begin to run from the day the 42 department receives a copy of the order of commitment executed by the court. 43 Facsimile transmissions of the order are acceptable.
STATEMENT OF PURPOSE
RS08389
It is necessary to include a clarification of the legal
responsibility of parents to provide reimbursement for the cost of
treating their child while s/he is in the custody of the Department
of Juvenile Corrections, and that the provisions of I.C. 20-524
can be pursued administratively as a debt to the Department.
FISCAL IMPACT
This proposed legislation will have a positive fiscal impact of
unknown proportions.
CONTACT
Name: Peggy White
Agency: Dept. of Juvenile Corrections
Phone: 334-5100, ext. 384
Statement of Purpose/Fiscal Impact H 3