ORS 419A.211
Appointment of counsel


(1)

If the child, ward, youth, adjudicated youth, parent or guardian is determined to be entitled to, and, except as provided in subsection (4) of this section, financially eligible for, appointment of counsel at state expense in an appeal as provided in ORS 419A.200 (Who may appeal) and 419A.208 (Orders subject to appeal by state), the court, upon request of the person or upon its own motion, shall appoint suitable counsel to represent the person. Counsel appointed by the court shall be paid compensation determined by the public defense services executive director as provided in ORS 135.055 (Compensation and expenses of appointed counsel) if the circuit court is the appellate court or as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) if the Court of Appeals or the Supreme Court is the appellate court. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the Public Defense Services Commission.

(2)

Intentionally left blank —Ed.

(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 (Public Defense Services Account), 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 (Duties). 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 (Financial eligibility).

(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 (Ability to pay).

(d)

The court’s order of payment is enforceable in the same manner as an order of support under ORS 419B.408 (Enforcement of support order).

(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 (Compensation and expenses of appointed counsel) if the circuit court is the appellate court or as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) 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]

Source: Section 419A.211 — Appointment of counsel, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419A.­html.

419A.004
Definitions
419A.010
Appointment of counselors and director
419A.012
Duties of director or counselor
419A.014
Reports by juvenile department
419A.015
Reports to school administrators concerning adjudicated youths on probation
419A.016
Powers of director or counselor
419A.018
Juvenile department is county agency
419A.020
County responsibility for expenses of juvenile department
419A.022
Responsibility of counties over 400,000 population
419A.045
Policy and purpose
419A.046
Definition for ORS 419A.046 and 419A.048
419A.048
Court to comply with fiscal reporting procedures
419A.050
Authority to acquire, equip and maintain detention and shelter facilities
419A.052
Specifications of facilities
419A.055
Examination of facilities
419A.057
Payment of maintenance expenses
419A.059
Designation of detention and shelter facilities
419A.061
Inspection of detention facilities
419A.063
Requirements for detention facilities
419A.090
Local citizen review boards
419A.092
Membership
419A.094
Additional boards
419A.096
Duties of Judicial Department in administering boards
419A.098
Rules
419A.100
Confidentiality of information
419A.102
Access to confidential information by boards
419A.104
Report on children and wards in substitute care
419A.106
Review of cases generally
419A.107
Review of cases of adjudicated youths
419A.108
Procedure for conflicts of interest
419A.109
Review of cases of wards for whom guardian has been appointed
419A.110
Immunity of participants in case review
419A.112
Disclosure of information to participants in case review
419A.114
When presence of agency personnel at board hearings required
419A.116
Findings and recommendations
419A.118
Records
419A.120
Court use of findings and recommendations
419A.122
Use of findings and recommendations by Department of Human Services
419A.124
Policy and procedure recommendations
419A.128
State Citizen Review Board Operating Account
419A.150
Appointment
419A.180
Power of court to enforce orders by contempt order
419A.190
Effect of adjudicatory hearing or admission
419A.200
Who may appeal
419A.205
Judgments described
419A.208
Orders subject to appeal by state
419A.209
Joint motion to vacate judgment or order
419A.211
Appointment of counsel
419A.240
Use of restraints during juvenile court proceedings
419A.245
Use of restraints during transport
419A.250
Authority
419A.252
Definitions for ORS 419A.252, 419A.253, 419A.255 and 419A.256
419A.253
When information in report, material or document considered by court must be identified in record
419A.255
Maintenance
419A.256
When transcript of proceeding is part of record of case
419A.257
Reports and materials privileged
419A.258
Motion to inspect or copy records
419A.260
Expunction
419A.262
Expunction proceeding
419A.265
Eligibility for order of expunction for certain adjudications involving marijuana
419A.267
Notice of expunction
419A.269
Effect of expunction
419A.271
Appointment of counsel
419A.300
Reports to school districts concerning young persons on conditional release
419A.305
Notice to school administrators concerning students subject to juvenile court petitions
Green check means up to date. Up to date