2003 Legislation
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SENATE BILL NO. 1003 – Juveniles, support, enforcement

SENATE BILL NO. 1003

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S1003...................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to clarify provisions requiring support of
juveniles; and to authorize the Department of Juvenile Corrections to pursue
enforcement of orders.
                                                                        
01/14    Senate intro - 1st rdg - to printing
01/15    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1003
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUPPORT OF JUVENILES; AMENDING  SECTION  20-524,  IDAHO  CODE,  TO
  3        CLARIFY  PROVISIONS  REQUIRING  SUPPORT  OF JUVENILES AND TO AUTHORIZE THE
  4        DEPARTMENT OF JUVENILE CORRECTIONS TO PURSUE ENFORCEMENT OF ORDERS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 20-524, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        20-524.  SUPPORT OF JUVENILE -- SUPPORT AND REIMBURSEMENT FOR COSTS INCUR-
  9    RED  --  PAYMENT  OF DETENTION COSTS. (1) Whenever a juvenile is placed by the
 10    court in custody other than that of the juvenile's parents, guardian or custo-
 11    dian, after due notice to the parent, guardian or other persons legally  obli-
 12    gated  to care for and support the juvenile, and after opportunity for a hear-
 13    ing, the court may order and decree that the parent or other legally obligated
 14    person shall pay in such a manner as the court may  direct  a  reasonable  sum
 15    that will cover in whole or in part the support and treatment of the juvenile.
 16    If  the parent or other legally obligated person willfully fails or refuses to
 17    pay such sum, the court may proceed against him for contempt, or the order may
 18    be filed and shall have the effect of a civil judgment.
 19        (a)  The department of juvenile corrections, as current  or  former  legal
 20        custodian  of the juvenile, shall have all remedies at law to enforce col-
 21        lection of a civil judgment.
 22        (b)  The department shall recommend to the court a reasonable monthly  sum
 23        to  be  charged  a parent, guardian or other legally responsible person in
 24        the juvenile case, which sum shall be based on  the  responsible  person's
 25        ability  to  pay.  The factors used to determine a person's ability to pay
 26        are set forth in the rules of the department of juvenile corrections.
 27        (2)  If the juvenile is detained, the court may order that the parents  or
 28    other  legal  guardian of the juvenile contribute to the costs of detention in
 29    an amount to be set by the court. The order may be filed and  shall  have  the
 30    effect  of  a  civil judgment. It is the intent of the legislature that foster
 31    parents or a parent or legal guardian receiving public assistance relating  to
 32    that  juvenile  should  not  benefit from the continued receipt of payments or
 33    public assistance from any state or  federal  agency  while  the  juvenile  is
 34    detained.  The  department  of  health and welfare is directed to promulgate a
 35    rule implementing this intent.
 36        (3)   All child juvenile support and reimbursement orders shall notify the
 37    obligor that the order will be enforced  by  income  withholding  pursuant  to
 38    chapter 12, title 32, Idaho Code.
 39        (4)  Failure  to  include these provisions does not affect the validity of
 40    the support order or decree. The court shall require that the social  security
 41    numbers of both the obligor and obligee be included in the order or decree.
 42        (5)  If  the  juvenile  is  committed  to the custody of the department of
 43    juvenile corrections pursuant to chapter 5, title 20, Idaho Code, the  depart-
                                                                        
                                           2
                                                                        
  1    ment  shall  reimburse the county for the period of time in excess of five (5)
  2    days during which the juvenile is housed at a  detention  facility.  The  time
  3    period  shall  begin to run from the day the department receives a copy of the
  4    order of commitment executed by the  court.  Facsimile  transmissions  of  the
  5    order are acceptable.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12324

Clarify ability of the Department to collect reimbursement from
parents whose juveniles are in custody of the Idaho Department of
Juvenile Corrections.










                         FISCAL IMPACT

The Department anticipates that this amendment will allow
collection of between $300,000 and $400,000 dollars by FY05 in
support and reimbursement orders from parents of juveniles in state
custody. It is further anticipated that once the collections
systems are stabilized and funded through this amendment, the
Department will maintain an annual revenue of approximately
$450,000.











CONTACT
Name:        Brent D. Reinke
Agency:      Juvenile Corrections, Dept. of
Phone:       334-5100 ext. 254

Statement of Purpose/Fiscal Impact                                                        S1003