Responsibility for payment of costs related to provision of appointed counsel for child or ward
(1) When the court appoints counsel to represent a 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 in the General Fund, 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.
(2) The test of the parent’s or estate’s ability to pay costs under subsection (1) of this section is the same test as applied to appointment of counsel for defendants under ORS 135.050 (Eligibility for court-appointed counsel) or under the policies, procedures, standards and guidelines adopted 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).
(3) 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).
(4) 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). [1993 c.33 §73; 1997 c.761 §6; 2001 c.962 §44; 2003 c.396 §§46,47; 2003 c.449 §10]
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