View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0233................................by JUDICIARY, RULES AND ADMINISTRATION JUVENILE OFFENDER - Amends existing law to allow the Department of Juvenile Corrections to contract with the Department of Health and Welfare for services relating to child support; and 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. 02/12 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud
H0233|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 233 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 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 OF 6 JUVENILE CORRECTIONS MAY ESTABLISH AND ENFORCE CHILD SUPPORT TO REIMBURSE 7 THE DEPARTMENT FOR COSTS INCURRED FOR THE CARE AND SUPPORT OF JUVENILES 8 COMMITTED TO ITS CUSTODY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 20-504, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 20-504. DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS. (1) The depart- 13 ment shall have jurisdiction over all juveniles committed to it pursuant to 14 chapter 5, title 20, Idaho Code. 15 (2) The department is responsible for all juvenile offenders committed to 16 it by the courts of this state for confinement. The department shall also 17 establish minimum standards for detention, care and certification of approved 18 detention facilities based upon such standards. 19 (3) The department shall establish and administer all secure residential 20 facilities including all state juvenile corrections centers. 21 (4) The department shall make all decisions regarding placement of juve- 22 nile offenders committed to it in the most appropriate program for supervision 23 and treatment. 24 (5) The department shall establish an observation and assessment process 25 for juvenile offenders committed to it by a court. 26 (6) The department shall establish liaison services with the counties. 27 (7) The department may establish and operate work programs designed to 28 employ juvenile offenders in public service work projects for the purpose of 29 reimbursing victims of the juvenile offender's delinquent behavior. 30 (8) The department is hereby authorized and may place juveniles committed 31 to it pursuant to this chapter on a ranch, in a forestry camp or similar 32 facility for care and for work, if possible; provided, that the person, agency 33 or association operating the facility has been approved and has otherwise com- 34 plied with all applicable state and local laws. A juvenile placed in a for- 35 estry camp or similar facility may be required to work on fire prevention, 36 forestation and reforestation, recreational works, forest roads and on other 37 works on or off the grounds of such facility and may be paid wages. 38 (9) The department shall establish minimum standards for the operation of 39 all private residential and nonresidential facilities and programs which pro- 40 vide services to juvenile offenders. The standards shall be no more stringent 41 than standards imposed for facilities operated by the department or for deten- 42 tion facilities operated by counties. 43 (10) The department shall assist counties in establishing meaningful pro- 2 1 grams for juveniles who either have been found to come under the purview of 2 this chapter or who have had their case informally diverted pursuant to sec- 3 tion 20-511, Idaho Code, and who have not been committed to the legal custody 4 of the department. 5 (11) The department shall have authority to adopt such administrative 6 rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, 7 as are deemed necessary or appropriate for the functioning of the department 8 and the implementation and administration of this act. 9 (12) The department shall have the authority to contract with any 10 public or private entity for the establishment and enforcement of support for 11 juveniles committed to the department of juvenile corrections. 12 (13) Subject to any competitive bidding requirements otherwise pro- 13 vided by law, the department shall have authority to enter into contracts with 14 a private association or organization or other public agency or organization 15 for the inspection and licensure of detention facilities. 16 (134 ) Subject to any competitive bidding 17 requirements otherwise provided by law, the department shall have authority to 18 enter into contracts with private providers or local governmental agencies for 19 the confinement or other permanent or temporary placement of juveniles commit- 20 ted to its custody. 21 (145 ) The department shall have authority to 22 apply for, receive and expend federal funds, subject to appropriation by the 23 legislature. The department shall have authority to establish guidelines for 24 and administer the distribution of state block grant funds to counties for the 25 employment and training of county probation officers, the establishment of 26 secure and nonsecure residential or nonresidential facilities and programs for 27 juvenile offenders. The department may require that a county provide matching 28 funds as a condition of receiving a block grant. The department, by rule, in 29 cooperation with the courts and the counties, shall establish uniform stan- 30 dards, criteria and operating procedures for county juvenile probation ser- 31 vices, as well as qualifications for and standards for the training of juve- 32 nile probation officers. 33 (156 ) All of the powers and duties imposed upon 34 or granted to the director of the department of health and welfare or the 35 board of health and welfare pursuant to chapter 18, title 16, Idaho Code, are 36 hereby transferred to the director of the department of juvenile corrections. 37 The director shall have all such powers and duties as may have been or could 38 have been exercised by his predecessors in law with respect to chapter 18, 39 title 16, Idaho Code, and shall be the successor in law to all contractual 40 obligations entered into by his predecessor in law. 41 SECTION 2. That Section 20-524, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 20-524. SUPPORT OF JUVENILE -- REIMBURSEMENT FOR COSTS INCURRED -- PAY- 44 MENT OF DETENTION COSTS. (1) Upon the commitment of a juvenile to the 45 custody of the department, a debt is created which is due and owing to the 46 department by the parent, guardian or other persons legally obligated to care 47 for and support the juvenile. The debt arises from the date the juvenile is 48 committed to the department and continues until the juvenile is released from 49 the custody of the department. The debt is equal to the support obligation as 50 subsequently determined by a court pursuant to the Idaho child support guide- 51 lines. The debt shall not exceed the amount expended by the department for the 52 care and support of the juvenile. The department shall be subrogated to the 53 right of the juvenile or the person having the care, custody and control of 3 1 the juvenile to prosecute or maintain any support action existing under the 2 laws of the state of Idaho to obtain reimbursement of the moneys expended for 3 the care and support of the juvenile. If an order already exists for the sup- 4 port of the juvenile, the department shall be subrogated to the debt created 5 by such order. When a written agreement for payment of support has been 6 entered into by the department and the responsible parent, guardian or other 7 legally obligated person, the debt shall be limited to the amount provided for 8 in the agreement. 9 (2) Whenever a juvenile is placed by the court in custody10other than that of the juvenile's parents, guardian or custodian, after due11notice to the parent, guardian or other persons legally obligated to care for12and support the juvenile, and after a hearingof the department 13 of juvenile corrections , the court may orderand decree that14the parent or other legally obligated personshall15 to payin such a manner as the court may direct a reasonable sum16that will cover in whole or in partthe department for the 17 support and treatment of the juvenile. If the parent or other legally18obligated person willfully fails or refuses to pay such sum, the court may19proceed against him for contempt, or the order may be filed and shall have the20effect of a civil judgmentpursuant to the Idaho child support 21 guidelines . 22 (23 ) If the juvenile is detained, the court may 23 order that the parents or other legal guardian of the juvenile contribute to 24 the costs of detention in an amount to be set by the court. The order may be 25 filed and shall have the effect of a civil judgment. It is the intent of the 26 legislature that foster parents or a parent or legal guardian receiving public 27 assistance relating to that juvenile should not benefit from the continued 28 receipt of payments or public assistance from any state or federal agency 29 while the juvenile is detained. The department of health and welfare is 30 directed to promulgate a rule implementing this intent. 31 (34 ) All child support orders shall notify the 32 obligor that the order will be enforced by income withholding pursuant to 33 chapter 12, title 32, Idaho Code. 34 (45 ) Failure to include these provisions does 35 not affect the validity of the support order or decree. The court shall 36 require that the social security numbers of both the obligor and obligee be 37 included in the order or decree. 38 (56 ) If the juvenile is committed to the cus- 39 tody of the department of juvenile corrections pursuant to chapter 5, title 40 20, Idaho Code, the department shall reimburse the county for the period of 41 time in excess of five (5) days during which the juvenile is housed at a 42 detention facility. The time period shall begin to run from the day the 43 department receives a copy of the order of commitment executed by the court. 44 Facsimile transmissions of the order are acceptable.
STATEMENT OF PURPOSE
RS08951C1It is necessary to include a clarification of the legal
responsibility of parents to provide reimbursement for the cost of
treating their child while she/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 NOTE
This proposed legislation will have a positive fiscal impact of
unknown proportions.
CONTACT: Brent D. Reinke, Director
Department of Juvenile Corrections
(208)334-5100, ext 102
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 233