(2)(a) When the court appoints counsel to represent the child or ward, it may order the parent, if able, or guardian of the estate, if the estate is able, to pay to the Public Defense Services Account established by ORS 151.225, through the clerk of the court, in full or in part the administrative costs of determining the ability of the parents or estate to pay for legal services and the costs of the legal and other services that are related to the provision of appointed counsel.
(b) The test of the parent’s or estate’s ability to pay costs under paragraph (a) of this subsection is the same test as applied to appointment of counsel for defendants under ORS 151.216. If counsel is provided at state expense, the court shall apply this test in accordance with the guidelines adopted by the Public Defense Services Commission under ORS 151.485.
(c) If counsel is provided at state expense, the court shall determine the amount the parents or estate is required to pay for the costs of administrative, legal and other services related to the provision of appointed counsel in the same manner as this amount is determined under ORS 151.487.
(d) The court’s order of payment is enforceable in the same manner as an order of support under ORS 419B.408.
(3) When the court appoints counsel under this section at state expense, the compensation for counsel and costs and expenses necessary to the appeal shall be determined and paid as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or the Supreme Court is the appellate court.
(4) Notwithstanding subsection (1) of this section, a youth or adjudicated youth, or the parent or guardian of the youth or adjudicated youth, is entitled to court-appointed counsel at state expense under this section regardless of the financial circumstances of the youth or adjudicated youth or the parent or guardian of the youth or adjudicated youth. In addition, the court may not order the youth’s or adjudicated youth’s parent or guardian to pay any part of the administrative costs of determining the entitlement of the youth, adjudicated youth, parent or guardian to court-appointed counsel at state expense nor any of the costs of the legal and other services that are related to the provision of appointed counsel. [2001 c.480 §6; 2001 c.962 §56; 2003 c.396 §§31,32; 2003 c.449 §50; 2012 c.107 §45; 2021 c.489 §47; 2021 c.597 §11a]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419A - Juvenile Code: General Provisions and Definitions
Section 419A.004 - Definitions.
Section 419A.010 - Appointment of counselors and director; juvenile director oversight committee.
Section 419A.012 - Duties of director or counselor.
Section 419A.014 - Reports by juvenile department.
Section 419A.015 - Reports to school administrators concerning adjudicated youths on probation.
Section 419A.020 - County responsibility for expenses of juvenile department.
Section 419A.050 - Authority to acquire, equip and maintain detention and shelter facilities.
Section 419A.052 - Specifications of facilities.
Section 419A.055 - Examination of facilities; capacity limits; standards for release; notice.
Section 419A.057 - Payment of maintenance expenses; admission of adjudicated youths.
Section 419A.059 - Designation of detention and shelter facilities.
Section 419A.063 - Requirements for detention facilities.
Section 419A.092 - Membership; training.
Section 419A.096 - Duties of Judicial Department in administering boards.
Section 419A.100 - Confidentiality of information; penalty.
Section 419A.102 - Access to confidential information by boards; procedure.
Section 419A.106 - Review of cases generally.
Section 419A.107 - Review of cases of adjudicated youths.
Section 419A.108 - Procedure for conflicts of interest.
Section 419A.109 - Review of cases of wards for whom guardian has been appointed; rules.
Section 419A.110 - Immunity of participants in case review.
Section 419A.112 - Disclosure of information to participants in case review; confidentiality.
Section 419A.114 - When presence of agency personnel at board hearings required.
Section 419A.116 - Findings and recommendations; judicial review.
Section 419A.118 - Records; disclosure of findings and recommendations.
Section 419A.120 - Court use of findings and recommendations.
Section 419A.122 - Use of findings and recommendations by Department of Human Services.
Section 419A.128 - State Citizen Review Board Operating Account.
Section 419A.150 - Appointment; qualifications; hearings; orders; rehearings.
Section 419A.208 - Orders subject to appeal by state; effect of appeal of preadjudicatory order.
Section 419A.209 - Joint motion to vacate judgment or order; appeal after reconsideration.
Section 419A.211 - Appointment of counsel.
Section 419A.240 - Use of restraints during juvenile court proceedings.
Section 419A.245 - Use of restraints during transport.
Section 419A.252 - Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256.
Section 419A.255 - Maintenance; disclosure; exceptions to confidentiality.
Section 419A.258 - Motion to inspect or copy records.
Section 419A.260 - Expunction; definitions.
Section 419A.262 - Expunction proceeding; notice to victim.
Section 419A.267 - Notice of expunction; forms.
Section 419A.269 - Effect of expunction; confidentiality violations; penalties.
Section 419A.271 - Appointment of counsel.
Section 419A.300 - Reports to school districts concerning young persons on conditional release.