Section 28. Fiscal Management
Effective August 31, 2021
(a) The program must have developed and implemented an accounting system with the capability to ensure that financial transactions are thoroughly documented and handled in a uniform and consistent manner.
(b) The program must have a current budget.
(c) The program must have a documented schedule of fees for each certified service and procedures to ensure payments for services.
(d) The cost to the client for all certified services combined that are provided under any one cause number, excluding reasonable fees for education, treatment and rehabilitation services, whether they are provided directly, by contract, or by referral, may not exceed the amount permitted under IC 12-23-14-16.*
(e) When transferring a case to another court program, a program may charge a client a transfer fee of up to $100. The receiving program may then charge the difference between the transfer fee and the statutory user fee cap.*
(f) The program must have effective cash handling controls and procedures that prevent theft of funds.
(g) Money a program receives from a city or town user fee fund, or county user fee fund, must be used to fund program services in compliance with IC 33-37-8. Upon request, a program must provide all financial information requested by the Indiana Office of Court Services including any reports, audits, or approvals issued by the State Board of Accounts.
(h) The program must have written policies and procedures that address this section.
Commentary on Section 28(d).
The reference to “one cause number” in this section is for the purpose of determining when an individual may be charged the court alcohol and drug program user fee. It is not intended to have any effect on how cases are counted. A program is not required to charge a new user fee because a client has an additional cause number, but the program may charge an administrative or case management fee for the new cause number if additional services are required such as a new assessment or if compliance reporting will need to go to an additional court.
Commentary on Section 28(e).
If the transferring program has charged more than $100, the transferring program must refund the amount over $100 either to the client or the receiving program before transferring the case. A transfer between court-administered alcohol and drug programs occurs when an assessment is completed by the receiving program. A referral between court programs occurs any time after the assessment of the client is completed by the sending program.