Indiana Code 33-23-6-2. Alternative dispute resolution fund; establishment; purpose; considerations
(1) The circuit court.
Terms Used In Indiana Code 33-23-6-2
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
(3) The probate court established by IC 33-31-1.
(b) Notwithstanding subsection (a), if more than one (1) court exercises jurisdiction over domestic relations and paternity cases in a county, one (1) alternative dispute resolution fund may be established to be used by all the courts to implement this chapter if:
(1) the:
(A) county auditor; and
(B) judge of each court that exercises jurisdiction over domestic relations and paternity cases in the county;
agree to establish one (1) fund; and
(2) the agreement to establish the fund is included in the plan adopted by the county under section 3 of this chapter.
(c) The sources of money for each fund established under subsection (a) or (b) are:
(1) the alternative dispute resolution fee collected under section 1 of this chapter for the circuit court, superior court, or probate court, respectively; and
(2) copayments collected under subsection (d) if:
(A) a county chooses to deposit the copayments into the fund; and
(B) the county specifies in the plan adopted by the county under section 3 of this chapter that the copayments will be deposited in the fund.
(d) The funds shall be used to foster domestic relations alternative dispute resolution, including:
(1) mediation;
(2) reconciliation;
(3) nonbinding arbitration;
(4) parental counseling; and
(5) guardian ad litem services.
Litigants referred by the court to services covered by the fund shall make a copayment for the services in an amount determined by the court based on the litigants’ ability to pay. The fund shall be administered by the circuit, superior, or probate court that exercises jurisdiction over domestic relations and paternity cases in the county. A fund used by multiple courts under subsection (b) shall be administered jointly by all the courts using the fund. Money in each fund at the end of a fiscal year does not revert to the county general fund but remains in the fund for the uses specified in this section.
(e) Each circuit, superior, or probate court that administers an alternative dispute resolution fund shall ensure that money in the fund is disbursed in a manner that primarily benefits those litigants who have the least ability to pay, in accordance with the plan adopted by the county under section 3 of this chapter.
(f) If a party is currently charged with or has been convicted of a crime under IC 35-42, the court must make a determination that participation in services provided by this fund does not pose an unreasonable risk of harm to any party.
[Pre-2004 Recodification Citation: 33-4-13-2.]
As added by P.L.98-2004, SEC.2. Amended by P.L.55-2005, SEC.1; P.L.142-2020, SEC.51; P.L.151-2023, SEC.3.