State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-603

§ 7B‑603.  Payment ofcourt‑appointed attorney or guardian ad litem.

(a)        An attorney orguardian ad litem appointed pursuant to G.S. 7B‑601 shall be paid areasonable fee fixed by the court or by direct engagement for specializedguardian ad litem services through the Administrative Office of the Courts.

(a1)      The court mayrequire payment of the fee for an attorney or guardian ad litem appointedpursuant to G.S. 7B‑601 from a person other than the juvenile as providedin G.S. 7A‑450.1, 7A‑450.2, and 7A‑450.3. In no event shallthe parent or guardian be required to pay the fees for a court‑appointedattorney or guardian ad litem in an abuse, neglect, or dependency proceedingunless the juvenile has been adjudicated to be abused, neglected, or dependentor, in a proceeding to terminate parental rights, unless the parent's rightshave been terminated. If the party is ordered to reimburse the State forattorney or guardian ad litem fees and fails to comply with the order at thetime of disposition, the court shall file a judgment against the party for theamount due the State.

(b)        An attorneyappointed pursuant to G.S. 7B‑602 or pursuant to any other provision ofthe Juvenile Code for which the Office of Indigent Defense Services isresponsible for providing counsel shall be paid a reasonable fee in accordancewith rules adopted by the Office of Indigent Defense Services.

(b1)      The court mayrequire payment of the fee for an attorney appointed pursuant to G.S. 7B‑602or G.S. 7B‑1101 from the respondent. In no event shall the respondent berequired to pay the fees for a court‑appointed attorney in an abuse,neglect, or dependency proceeding unless the juvenile has been adjudicated tobe abused, neglected, or dependent or, in a proceeding to terminate parentalrights, unless the respondent's rights have been terminated. At thedispositional hearing or other appropriate hearing, the court shall make adetermination whether the respondent should be held responsible for reimbursingthe State for the respondent's attorneys' fees. This determination shallinclude the respondent's financial ability to pay.

If the court determines thatthe respondent is responsible for reimbursing the State for the respondent'sattorneys' fees, the court shall so order. If the respondent does not complywith the order at the time of disposition, the court shall file a judgmentagainst the respondent for the amount due the State.

(c)        Repealed by SessionLaws 2005‑254, s. 2, effective October 1, 2005, and applicable to theappointment of counsel on or after that date. (1979, c. 815, s. 1; 1983, c. 726, ss. 2, 3; 1987(Reg. Sess., 1988), c. 1090, s. 6; 1991, c. 575, s. 1; 1998‑202, s. 6;1999‑456, s. 60; 2000‑144, s. 17; 2005‑254, s. 2.)