(A) The public children services agency shall have the capacity possessed by natural persons to institute proceedings in any court.
(B) When appointed by the probate court exercising jurisdiction in adoption proceedings, the executive director may act as next friend of any child and perform the duties of such next friend.
(1) The executive director may act as trustee of the estate of any ward, provided such an estate does not exceed one thousand dollars in value.
(2) The executive director may also act as trustee, on behalf of any ward, of periodic payments of not more than twenty-five dollars per week of which such ward is entitled as a claimant pursuant to the terms of any insurance policy, annuity, pension, benefit, or allowance, governmental or private.
(3) Such director shall administer all trusteeships in accordance with the laws relating to fiduciaries.
The funds of any such trusteeship shall not be mingled with other moneys of the agency or of the county. The cost of any such trusteeship shall be paid out of the funds of the trust, but no fee shall be allowed to the executive director as such trustee. At least once a year, or more often if required by the probate court, the executive director shall make a complete report and accounting to the agency as to the disposition of all trust funds administered by the executive director during the year.
Effective Date: 10-01-1997.