(1) An evaluation ordered under ORS § 419C.378 must be conducted by a psychiatrist, a licensed psychologist or a regulated social worker. If an evaluation is requested, the party at whose request the evaluation was ordered shall notify the court and other parties of the date, time and location of the evaluation and the name of the evaluator chosen by the party. A party or the court may submit written information to the evaluator for consideration. When written information that has not been provided to the court or an opposing party is submitted to the evaluator, the party submitting the written information to the evaluator shall provide the written information to the court and the opposing party.

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(2)(a) A county court or justice court shall order the county to pay the fees and costs described in subsection (3) of this section from funds available for that purpose.

(b) A circuit court shall order the executive director of the Oregon Public Defense Commission to pay the fees and costs described in subsection (3) of this section from funds available for that purpose.

(3) Pursuant to subsection (2) of this section, the county or the executive director of the Oregon Public Defense Commission shall pay:

(a) A reasonable fee to a psychiatrist, licensed psychologist or regulated social worker in private practice who conducts the evaluation; and

(b) All costs, including transportation of the youth, if the evaluation is conducted by a psychiatrist, licensed psychologist or regulated social worker employed by the Department of Human Services or is conducted by a community mental health program or community developmental disabilities program established under ORS § 430.610 to 430.695.

(4) If an evaluation is ordered under ORS § 419C.378, the county shall pay for the expense of the evaluation.

(5) After a motion is made by the court or the youth under ORS § 419C.378 (3), the state shall have the right to seek an independent evaluation at its own expense.

(6) A youth may not be removed from the youth’s current placement for the purpose of an evaluation performed under this section unless the youth has been placed in a detention facility as defined in ORS § 419A.004 or a youth correction facility as defined in ORS § 420.005. [2013 c.709 § 2; 2017 c.558 § 1; 2021 c.597 § 18; 2023 c.281 § 69]

See note under 419C.378.