Sec. 4. 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) the person's dependent children who are less than eighteen (18) years of age and the person's spouse; or
(2) if there are no children or spouse, the state general fund.