§ 27-20.2-19 — Costs and expenses for care of child

North Dakota § 27-20.2-19

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.2: Juvenile Court Act

Text

1. The following expenses are a charge upon the funds of the county or human service
zone upon certification of the expenses by the court:
a. The cost of medical and other examinations and treatment of a child ordered by
the court.
b. The cost of care and support of a child committed by the court to the legal
custody of a public agency other than an institution for delinquent children or to a
private agency or individual other than a parent.
c. The cost of any necessary transportation for medical and other examinations and
treatment of a child ordered by the court unless the child is in the legal custody of
a state agency.
d. The cost of a guardian ad litem under subsection 5 of section 27-20.1-16 or
section 30.1-27-06 or the cost of an attorney under subsection 6 of section
27-20.1-16 if the court finds the parent's or child's estate is insufficient to meet the
cost.
2. The commission on legal counsel for indigents shall pay reasonable compensation for
services and related expenses of counsel provided at public expense for a party and
the supreme court shall pay reasonable compensation for a guardian ad litem. The
attorney general shall pay the witness fees, mileage, and travel expense of witnesses
incurred in the proceedings under this chapter in the amount and at the rate provided
for in section 31-01-16, except the commission on legal counsel for indigents shall pay
the witness fees, mileage, and travel expenses of witnesses subpoenaed by counsel
employed by or contracted with the commission for proceedings under this chapter in
the amount and at the rate provided for in section 31-01-16. Expenses of the state
include the cost of any necessary transportation for medical and other examinations
and treatment of a child ordered by the court if the child is in the legal custody of a
state agency in which case the cost must be reimbursed to the county or human
service zone by that state agency at the state mileage rate, excluding meals and
lodging, plus twenty-nine cents per mile.
3. If, after due notice to the parents or other persons legally obligated to care for and
support the child, and to a child over the age of eighteen, and after affording the
parents, other persons, and children over eighteen years of age an opportunity to be
heard, the court finds that the parents, other persons, or a child over eighteen years of
age is financially able to pay all or part of the costs and expenses stated in
subsection 1, and expenses payable by the supreme court under subsection 2, the
court may order the party to pay the same and prescribe the manner of payment.
Unless otherwise ordered, payment shall be made to the clerk of court for remittance
to the person to which compensation is due, or if the costs and expenses have been
paid by the county, human service zone, or the state to the county treasurer of the
county, the county treasurer of the host county, or to the state treasurer.

4. Unless the court finds there is no likelihood the party is or will be able to pay attorney's
fees and expenses, the court, in the order or judgment following a hearing under this
chapter, shall order the parents or other persons legally obligated to care for and
support the child, and the child if over the age of eighteen, to reimburse the presumed
amount of indigent defense costs and expenses, as determined by the commission on
legal counsel for indigents, and shall notify the party of the right to a hearing on the
reimbursement amount. If the party or the state requests a hearing within thirty days of
receiving notice under this subsection, the court shall schedule a hearing at which the
actual amount of attorney's fees and expenses must be shown. In determining the
amount of reimbursement and method of payment, the court shall consider the
financial resources of the party and the nature of the burden that reimbursement of
costs and expenses will impose.
5. A party who is required to reimburse indigent defense costs and expenses and who is
not willfully in default in that reimbursement may at any time petition the court to waive
reimbursement of all or any portion of the attorney's fees and expenses. If the court is
satisfied reimbursement of the amount due will impose undue hardship on the party or
the party's immediate family, the court may waive reimbursement of all or any portion
of the amount due or modify the method of payment.