JW v. Hendricks County Office of Family and Children

RILEY, Judge,

dissenting.

I respectfully dissent. I would reverse and remand to the trial court for a hearing on the ability of the Williamses to pay the entire reimbursement amount. While the trial court had evidence of the Williamses’ gross weekly income of $447.14, and their annual net income of approximately $20,-800.00, there was no other evidence of their ability to pay anything except the $41.00 weekly amount toward the “total cost of placement.” (R. 45). This weekly amount was established at the time J.W. was still living at home and had, in fact, not yet been placed in a secure facility. The costs of placement, at this time, were unknown.

At the emergency hearing held on September 28, 1995, the attorney for the Williamses asked the court for permission at the next hearing to set forth the costs that they had *485already spent on J.W. that had already exhausted most of their personal assets.

Haith: Your honor, at the time of the hearing [October 26,1995] will we be able to set forth the costs that they have spent on this child has pretty mueh exhausted some of the insurance that’s available as well as personal assets.
Court: Sure.
Haith: Would we be able to present this at the hearing?
Court: Oh absolutely, that’s what the statute applies for, they won’t be able to get out of child support, but as far as.
Haith: I understand that, but we could start off at a minimal support level until we can establish the costs?
Court: Whatever the guideline, whatever the guideline support would be.

(R. 90).

The significance of the failure of OFC to obtain treatment for J.W. under the Wilhamses’ insurance policy is that the parents had no other means to pay the treatment above the weekly amount. This problem becomes extremely critical because after his release from the secure facility J.W. was returned to the Williamses’ home where they must continue his support.

I agree with the reasoning in In re the Matter of C.K (Ind.Ct.App. 1998), 695 N.E.2d 601. In that case we recognize that sound policy dictates that the court state its findings with regard to the factors laid out in section 18(e) before placing such a large financial burden on the parents.

Here, there is nothing in the record, other than the financial statement, to indicate the court ever considered additional assets available to the parties to pay the entire amount of the treatment. I would reverse and remand for further hearing on the parents’ ability to pay the entire reimbursement amount.