If, within the one hundred eighty (180) day period, the person fails to sue or to effectively prosecute the action, the prosecuting attorney of the county shall bring a civil action to recover the money or other property so lost and delivered, in the name of the state and for the benefit of:

1. (1) the person's dependent children who are less than eighteen (18) years of age and the person's spouse; or

2. (2) if there are no children or spouse, the state general fund.

   [Pre-1998 Recodification Citation: 34-4-28-4.]

As added by P.L.1-1998, SEC.11. Amended by P.L.246-2005, SEC.224.