8-243

8-243. Liability of parents to bear expense;
exception

A. The supreme court shall administer the activities, including providing the cost
of services, for children who are referred to the juvenile court as incorrigible or
delinquent and who are placed in foster care other than in a state institution or who
require shelter care or treatment. If the juvenile court places a referred child in
foster care or orders a referred child to participate in treatment or an education
program or if a probation officer requires a child to comply with a program pursuant to
section 8-321, subsection F, the juvenile court shall inquire into the ability of the
child or the child's parent to bear the charge or expense of the foster care, treatment,
education program or program required pursuant to section 8-321, subsection F. If the
court is satisfied that the child or the child's parent can bear the charge or expense or
any portion of the charge or expense, the juvenile court may fix the amount of the
payment and shall direct the child or parent to pay the amount monthly to the clerk of
the court until the child is discharged from foster care, treatment, an education program
or a program required pursuant to section 8-321, subsection F. The clerk of the court
shall transmit monies collected monthly to the supreme court for deposit in the juvenile
probation services fund to reimburse the cost of services incurred under sections 8-321
and 8-322. Monies collected for this purpose are exempt from section 41-2421, subsection
C.

B. If the juvenile court awards or commits a child to the department of juvenile
corrections or other state department or institution, the juvenile court shall inquire
into the ability of the child, the child's estate, parent or guardian or the person who
has custody of the child to bear the charge, expense and maintenance including the
medical, dental and mental health care of the child while the child is committed to the
custody of the department of juvenile corrections or other public or private institution
or agency, or private person or persons. If the court is satisfied that the child, the
child's estate, parent or guardian or the person who has custody of the child can bear
the charges, expense and maintenance or any portion of them, the juvenile court shall fix
the amount thereof and direct that the child, the child's estate, parent or guardian or
the person who has custody of the child pay the amount monthly to the department of
juvenile corrections or other public or private institution or agency, or private person
or persons to which the child is awarded or committed. The department of juvenile
corrections or other public or private institution or agency or private person or persons
shall acknowledge the receipt of the monies. The department of juvenile corrections shall
retain and utilize the money it receives to fund work restitution programs for
juveniles. Except as provided in section 8-243.01, other state institutions or agencies
shall deposit, pursuant to sections 35-146 and 35-147, the money in the state general
fund. The juvenile court shall transmit a copy of its orders concerning payment along
with its order of commitment.

C. If the juvenile court awards or commits a child to a juvenile detention
facility, the juvenile court shall inquire into the ability of the child, the child's
estate, parent or guardian or the person who has custody of the child to bear the charge,
expense and maintenance including food, clothing, shelter and supervision of the child
while the child is detained in a juvenile detention facility. If the juvenile court is
satisfied that the child, the child's estate, parent or guardian or the person who has
custody of the child can bear the charges, expense and maintenance or any portion of
them, the juvenile court may fix the amount of the payment and direct that the child, the
child's estate, parent or guardian or the person who has custody of the child pay the
amount monthly to the juvenile court. The assessment is collectible as a civil judgment.
The juvenile court shall acknowledge the receipt of the monies and shall transmit the
monies monthly to the county treasurer for deposit in the county general fund. The
juvenile court shall transmit a copy of its orders concerning payment along with its
order of commitment.

D. Subsection C of this section does not apply to foster parents and group homes.