Oregon Statutes 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 and 419A.208, 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 executive director of the Oregon Public Defense Commission 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. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines of the commission.
Terms Used In Oregon Statutes 419A.211
- Adjudicated youth: means a person who has been found to be within the jurisdiction of the juvenile court under ORS § 419C. See Oregon Statutes 419A.004
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Court: means the juvenile court. See Oregon Statutes 419A.004
- Director: means the director of a juvenile department established under ORS § 419A. See Oregon Statutes 419A.004
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means guardian of the person and not guardian of the estate. See Oregon Statutes 419A.004
- Parent: means the biological or adoptive mother and the legal parent of the child, ward, youth or adjudicated youth. See Oregon Statutes 419A.004
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Ward: means a person within the jurisdiction of the juvenile court under ORS § 419B. See Oregon Statutes 419A.004
- Youth: means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city. See Oregon Statutes 419A.004
(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 Oregon Public Defense 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; 2023 c.281 § 59]
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