41-5-403. Disposition permitted under informal adjustment -- contributions by parents or guardians for youth's care. (1) The following dispositions may be imposed by informal adjustment:
     (a) probation;
     (b) placement of the youth in substitute care in a youth care facility, as defined in 41-3-1102, and as determined by the department;
     (c) placement of the youth with a private agency responsible for the care and rehabilitation of the youth as determined by the department;
     (d) restitution upon approval of the youth court judge;
     (e) placement of the youth under home arrest as provided in Title 46, chapter 18, part 10.
     (2) In determining whether restitution is appropriate in a particular case, the following factors may be considered in addition to any other evidence:
     (a) age of the youth;
     (b) ability of the youth to pay;
     (c) ability of the parents, legal guardian, or persons contributing to the youth's delinquency or need for supervision to pay;
     (d) amount of damage to the victim; and
     (e) legal remedies of the victim. However, the ability of the victim or the victim's insurer to stand any loss may not be considered in any case.
     (3) If the youth violates an aftercare agreement as provided for in 52-5-126, the youth must be returned to the court for further disposition. A youth may not be placed in a state youth correctional facility under informal adjustment.
     (4) If the youth is placed in substitute care requiring payment by the department, the court shall examine the financial ability of the youth's parents or guardians to pay a contribution covering all or part of the costs for the care, placement, and treatment of the youth, including the costs of necessary medical, dental, and other health care.
     (5) If the court determines that the youth's parents or guardians are financially able to pay a contribution as provided in subsection (4), the court shall order the youth's parents or guardians to pay an amount based on the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209.
     (6) (a) Except as provided in subsection (6)(b), contributions ordered under this section and each modification of an existing order are enforceable by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 4. An order for contribution that is inconsistent with this section is nevertheless subject to withholding for the payment of the contribution without need for an amendment of the support order or for any further action by the court.
     (b) A court-ordered exception from contributions under this section must be in writing and be included in the order. An exception from the immediate income withholding requirement may be granted if the court finds there is:
     (i) good cause not to require immediate income withholding; or
     (ii) an alternative arrangement between the department and the person who is ordered to pay contributions.
     (c) A finding of good cause not to require immediate income withholding must, at a minimum, be based upon:
     (i) a written determination and explanation by the court of the reasons why the implementation of immediate income withholding is not in the best interests of the child; and
     (ii) proof of timely payment of previously ordered support in cases involving modification of contributions ordered under this section.
     (d) An alternative arrangement must:
     (i) provide sufficient security to ensure compliance with the arrangement;
     (ii) be in writing and be signed by a representative of the department and the person required to make contributions; and
     (iii) if approved by the court, be entered into the record of the proceeding.
     (7) (a) If the court orders the payment of contributions under this section, the department shall apply to the department of public health and human services for support enforcement services pursuant to Title IV-D of the Social Security Act.
     (b) The department of public health and human services may collect and enforce a contribution order under this section by any means available under law, including the remedies provided for in Title 40, chapter 5, parts 2 and 4.

     History: En. 10-1210 by Sec. 10, Ch. 329, L. 1974; amd. Sec. 4, Ch. 100, L. 1977; amd. Sec. 3, Ch. 571, L. 1977; R.C.M. 1947, 10-1210(4); amd. Sec. 3, Ch. 246, L. 1979; amd. Sec. 3, Ch. 484, L. 1981; amd. Sec. 1, Ch. 129, L. 1983; amd. Sec. 7, Ch. 363, L. 1983; amd. Sec. 4, Ch. 465, L. 1983; amd. Sec. 5, Ch. 531, L. 1985; amd. Sec. 7, Ch. 14, Sp. L. June 1986; amd. Sec. 59, Ch. 609, L. 1987; amd. Sec. 8, Ch. 105, L. 1991; amd. Sec. 3, Ch. 696, L. 1991; amd. Sec. 6, Ch. 528, L. 1995; amd. Sec. 194, Ch. 546, L. 1995.