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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
|||| 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
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