Sec. 13.1. (a) This section applies after December 31, 2006.

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Terms Used In Indiana Code 31-25-4-13.1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • bureau: refers to the child support bureau established by IC 31-25-3-1. See Indiana Code 31-25-4-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Dependent: A person dependent for support upon another.
  • Fraud: Intentional deception resulting in injury to another.
  • obligor: means a person whose support obligation is enforced by the Title IV-D agency. See Indiana Code 31-25-4-4
  • plan: refers to the state plan developed to implement the provisions of Title IV-D of the federal Social Security Act. See Indiana Code 31-25-4-5
     (b) The bureau shall make the agreements necessary for the effective administration of the plan with local governmental officials within Indiana. The bureau shall contract with:

(1) a prosecuting attorney;

(2) a private attorney or private entity if the bureau determines that a reasonable contract cannot be entered into with a prosecuting attorney and the determination is approved by at least two-thirds (2/3) of the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4; or

(3) a collection agency licensed under IC 25-11 to collect arrearages on child support orders under which collections have not been made on arrearages for at least two (2) years;

in each judicial circuit to undertake activities required to be performed under Title IV-D of the federal Social Security Act (42 U.S.C. § 651), including establishment of paternity, establishment, enforcement, and modification of child support orders, activities under the Uniform Reciprocal Enforcement of Support Act (IC 31-2-1, before its repeal) or the Uniform Interstate Family Support Act (IC 31-18.5, or IC 31-1.5 before its repeal), and if the contract is with a prosecuting attorney, prosecutions of welfare fraud.

     (c) The hiring of a private attorney or private entity by an agreement or a contract made under this section is not subject to the approval of the attorney general under IC 4-6-5-3. An agreement or a contract made under this section is not subject to IC 4-13-2-14.3 or IC 5-22.

     (d) Subject to section 14.1 of this chapter, a prosecuting attorney with which the bureau contracts under subsection (b):

(1) may contract with a collection agency licensed under IC 25-11 to provide child support enforcement services; and

(2) shall contract with a collection agency licensed under IC 25-11 to collect arrearages on child support orders under which collections have not been made on arrearages for at least two (2) years.

     (e) A prosecuting attorney or private attorney entering into an agreement or a contract with the bureau under this section enters into an attorney-client relationship with the state to represent the interests of the state in the effective administration of the plan and not the interests of any other person. An attorney-client relationship is not created with any other person by reason of an agreement or contract with the bureau.

     (f) At the time that an application for child support services is made, the applicant must be informed that:

(1) an attorney who provides services for the child support bureau is the attorney for the state and is not providing legal representation to the applicant; and

(2) communications made by the applicant to the attorney and the advice given by the attorney to the applicant are not confidential communications protected by the privilege provided under IC 34-46-3-1.

     (g) A prosecuting attorney or private attorney who contracts or agrees under this section to undertake activities required to be performed under Title IV-D is not required to mediate, resolve, or litigate a dispute between the parties relating to:

(1) the amount of parenting time or parenting time credit; or

(2) the assignment of the right to claim a child as a dependent for federal and state tax purposes.

     (h) An agreement made under subsection (b) must contain requirements stipulating service levels a prosecuting attorney or private entity is expected to meet. The bureau shall disburse incentive money based on whether a prosecuting attorney or private entity meets service levels stipulated in an agreement made under subsection (b).

     (i) Beginning July 1, 2019, an agreement made under subsection (b) must contain provisions that a prosecuting attorney or private attorney:

(1) shall review all requests for modification of child support due to the incarceration of the obligor within an open Title IV-D case and, if appropriate, file a:

(A) petition for modification of child support; and

(B) proposed order;

in the appropriate court; and

(2) may file a petition for modification of child support without having received a request for modification from a party with an open Title IV-D case as the attorney considers appropriate.

As added by P.L.146-2006, SEC.20. Amended by P.L.210-2011, SEC.5; P.L.53-2014, SEC.143; P.L.206-2015, SEC.56; P.L.94-2018, SEC.5.

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