View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1094...................................................by JUDICIARY AND RULES
JUVENILES - CUSTODY - SUPPORT - Amends existing law to clarify provisions
requiring support of juveniles; to authorize the Department of Juvenile
Corrections and counties to pursue enforcement of orders; to remove language
referencing child support orders; and to remove language relating to the
validity of certain support orders or decrees.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley,
McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Noble
Floor Sponsor - Bunderson
Title apvd - to House
02/25 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1094
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-524, IDAHO CODE,
3 TO CLARIFY PROVISIONS REQUIRING SUPPORT OF JUVENILES, TO AUTHORIZE THE
4 DEPARTMENT OF JUVENILE CORRECTIONS AND COUNTIES TO PURSUE ENFORCEMENT OF
5 ORDERS, TO REMOVE LANGUAGE REFERENCING CHILD SUPPORT ORDERS AND TO REMOVE
6 LANGUAGE RELATING TO THE VALIDITY OF CERTAIN SUPPORT ORDERS OR DECREES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 20-524, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 20-524. SUPPORT OF JUVENILES -- SUPPORT AND REIMBURSEMENT FOR COSTS
11 INCURRED -- PAYMENT OF DETENTION COSTS. (1) Whenever a juvenile is placed by
12 the court in custody other than that of the juvenile's parents, guardian or
13 custodian, after due notice to the parent, guardian or other persons legally
14 obligated to care for and support the juvenile, and after opportunity for a
15 hearing, the court may order and decree that the parent or other legally obli-
16 gated person shall pay in such a manner as the court may direct a reasonable
17 sum that will cover in whole or in part the support and treatment of the juve-
18 nile. If the parent or other legally obligated person willfully fails or
19 refuses to pay such sum, the court may proceed against him for contempt, or
20 the order may be filed and shall have the effect of a civil judgment.
21 (a) The department of juvenile corrections, as current or former legal
22 custodian of the juvenile, shall have all remedies at law to enforce col-
23 lection of this civil judgment in favor of the state for payment of sup-
24 port and treatment of the juvenile.
25 (b) The department shall recommend to the court a reasonable monthly sum
26 to be charged a parent, guardian or other legally responsible person in
27 the juvenile case, which sum shall be based on the responsible person's
28 ability to pay. The factors used to determine a person's ability to pay
29 shall be set forth in rule by the department of juvenile corrections.
30 (c) Counties shall have the same remedies and ability to collect costs of
31 detention, treatment or probation as provided to the department of juve-
32 nile corrections in this section.
33 (2) If the juvenile is detained, the court may order that the parents or
34 other legal guardian of the juvenile contribute to the costs of detention in
35 an amount to be set by the court. The order may be filed and shall have the
36 effect of a civil judgment. It is the intent of the legislature that foster
37 parents or a parent or legal guardian receiving public assistance relating to
38 that juvenile should not benefit from the continued receipt of payments or
39 public assistance from any state or federal agency while the juvenile is
40 detained. The department of health and welfare is directed to promulgate a
41 rule implementing this intent.
42 (3) All child support orders shall notify the obligor that the order will
43 be enforced by income withholding pursuant to chapter 12, title 32, Idaho
2
1 Code.
2 (4) Failure to include these provisions does not affect the validity of
3 the support order or decree. The court shall require that the social security
4 numbers of both the obligor and obligee be included in the order or decree.
5 (54) If the juvenile is committed to the custody of the department of
6 juvenile corrections pursuant to chapter 5, title 20, Idaho Code, the depart-
7 ment shall reimburse the county for the period of time in excess of five (5)
8 days during which the juvenile is housed at a detention facility. The time
9 period shall begin to run from the day the department receives a copy of the
10 order of commitment executed by the court. Facsimile transmissions of the
11 order are acceptable.
STATEMENT OF PURPOSE
RS 12878
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: Idaho Department of Juvenile Corrections
Phone: 334-5100 ext. 254
Statement of Purpose/Fiscal Impact S 1094