Indiana § 31-26-4-17 - Nonprofit subsidiary corporation; duties; report

§ 31-26-4-17. Nonprofit subsidiary corporation; duties; report

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027.

Sec. 17. (a) The board may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.

(b) The board shall study the topic of establishing a nonprofit subsidiary corporation described in subsection (a). Not later than December 31, 2021, the board shall submit a report to the general assembly in an electronic format under IC 5-14-6 addressing the board's findings and determinations under this subsection. If the board determines to establish a nonprofit subsidiary corporation as described in subsection (a), the report must also include an implementation plan and estimated budget for the establishment of the nonprofit subsidiary corporation.

(c) A subsidiary corporation established under this section is governed by a board of directors comprised of members appointed by the Indiana kids first trust fund board. Employees of the Indiana kids first trust fund board may serve on the board of directors of the subsidiary corporation. A subsidiary corporation established under this section:

(1) shall use money received under subsection (a) to carry out, in any manner, the purposes and programs of the board;

(2) shall report to the budget committee each year concerning:

(A) the use of money received; and

(B) the balances in any accounts or funds established by the subsidiary corporation;

(3) may donate money received to the Indiana kids first trust fund; and

(4) may deposit money received in an account or fund that is:

(A) administered by the subsidiary corporation; and

(B) not part of the state treasury.

(d) The board of directors of a subsidiary corporation established under this section shall post the minutes of a meeting on the subsidiary corporation's Internet web site not later than ten (10) days after the minutes are approved by the board of directors.

(e) Employees of the Indiana kids first trust fund board shall provide administrative support for a subsidiary corporation established under this section. Employees of the board directly involved in the subsidiary corporation may engage in fundraising activities on behalf of the subsidiary corporation.

(f) The state board of accounts shall annually audit a subsidiary corporation established under this section.

As added by P.L.93-2021, SEC.5.

IC 31-26-4-17Repealed Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

As added by P.L.93-2021, SEC.5. Repealed by P.L.152-2026, SEC.466.

IC 31-26-4.5Chapter 4.5. Insuring Foster Youth Trust Program

31-26-4.5-1Establishment 31-26-4.5-2Repealed 31-26-4.5-3"Fund" 31-26-4.5-4Fund establishment; money in the fund; administration; investments; appropriation 31-26-4.5-5Use of the fund 31-26-4.5-6Financial liability 31-26-4.5-7Reporting 31-26-4.5-8Rules 31-26-4.5-9Establishment; nonprofit subsidiary corporation 31-26-4.5-10Implementation; application for funding

IC 31-26-4.5-1Establishment Sec. 1. (a) The insuring foster youth trust program is established under this chapter to recognize that:

(1) foster youth have limited access to resources as they begin to age out of the system;

(2) foster youth require additional resources as they begin to age out of the system to ensure a successful transition to adulthood;

(3) ensuring that foster youth can afford automobile insurance is paramount to the successful transition of a foster youth to adulthood; and

(4) providing funding to help defray the cost of automobile insurance will drastically increase the chances of a successful transition of a foster youth to adulthood.

(b) Subject to available funding, the insuring foster youth trust program shall provide funding to help defray the cost of the following:

(1) Automobile insurance coverage for foster youth.

(2) Not more than forty-four (44) of the fifty (50) hours of supervised driving practice for foster youth pursuant to IC 9-24-3-2.5.

As added by P.L.59-2022, SEC.2.

IC 31-26-4.5-2RepealedAs added by P.L.59-2022, SEC.2. Repealed by P.L.46-2024, SEC.9.

IC 31-26-4.5-3"Fund" Sec. 3. As used in this chapter, "fund" refers to the insuring foster youth trust fund established by section 4 of this chapter.

As added by P.L.59-2022, SEC.2.

IC 31-26-4.5-4Fund establishment; money in the fund; administration; investments; appropriation Sec. 4. (a) The insuring foster youth trust fund is established to carry out the purposes of this chapter.

(b) The fund consists of the following:

(1) Appropriations made by the general assembly.

(2) Interest as provided in subsection (f).

(3) Fees collected from an insuring foster youth trust license plate, if one is issued under IC 9-18.5.

(4) Money received pursuant to subsection (c).

(5) Money donated to the fund, including donations from a nonprofit subsidiary corporation established under section 9 of this chapter.

(6) Money transferred to the fund from other funds.

(c) The department may apply for all federal funds that are available for which the state is eligible to carry out the purposes of this chapter.

(d) The department shall administer the fund.

(e) The expenses of administering the fund and this chapter shall be paid from the fund. The fund's administrative expenses may not exceed ten percent (10%) of the amounts deposited into the fund.

(f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund.

(g) Money in the fund is continuously appropriated for the purposes of the fund.

(h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.59-2022, SEC.2. Amended by P.L.97-2023, SEC.10.

IC 31-26-4.5-5Use of the fund Sec. 5. (a) Money in the fund may be used to provide payments to foster youth for the purposes set forth in section 1(b) of this chapter.

(b) Money in the fund may not be granted to a state or local unit of government.

As added by P.L.59-2022, SEC.2.

IC 31-26-4.5-6Financial liability Sec. 6. A foster youth is responsible for paying all costs of a policy of automobile insurance. A state or local government agency, foster parent, or entity providing services to a foster youth under a contract or at the direction of a state or local government agency shall not be required to pay any costs associated with a policy of automobile insurance or supervised driving hours and shall not be liable for any damages that result from the foster youth's operation of an automobile owned and insured by the foster youth.

As added by P.L.59-2022, SEC.2.

IC 31-26-4.5-7Reporting Sec. 7. Before October 1 of each year, the department shall prepare a report to the general assembly in an electronic format under IC 5-14-6 regarding the funds received and payments made by the fund.

As added by P.L.59-2022, SEC.2.

IC 31-26-4.5-8Rules Sec. 8. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.59-2022, SEC.2.

IC 31-26-4.5-9Establishment; nonprofit subsidiary corporation Sec. 9. The department may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.

As added by P.L.59-2022, SEC.2.

IC 31-26-4.5-10Implementation; application for funding Sec. 10. The department or the department's designee may:

(1) develop evaluation criteria, payment calculation standards, and other policies related to the implementation of this chapter; and

(2) adopt and make available to foster youth a method for applying for funding under this chapter.

As added by P.L.59-2022, SEC.2.

IC 31-26-5Chapter 5. Family Preservation Services

31-26-5-1"Child at imminent risk of placement" 31-26-5-2Department contracting to provide family preservation services 31-26-5-2.5Per diem model reimbursement to community based providers for family preservation services 31-26-5-3Duties of family preservation services 31-26-5-4Family preservation services; delivery of services 31-26-5-5Family preservation services; required services; discretionary services 31-26-5-6Family preservation services; maximum caseload per caseworker 31-26-5-7Employee completion of federally mandated background check