2006 Code of Virginia § 16.1-267 - Compensation of appointed counsel

16.1-267. Compensation of appointed counsel.

A. When the court appoints counsel to represent a child pursuant tosubsection A of 16.1-266 and, after an investigation by the court servicesunit, finds that the parents are financially able to pay for the attorney andrefuse to do so, the court shall assess costs against the parents for suchlegal services in the maximum amount of that awarded the attorney by thecourt under the circumstances of the case, considering such factors as theability of the parents to pay and the nature and extent of the counsel'sduties in the case. Such amount shall not exceed the maximum amount specifiedin subdivision 1 of 19.2-163 if the action is in district court.

When the court appoints counsel to represent a child pursuant to subsection Bor C of 16.1-266 and, after an investigation by the court services unit,finds that the parents are financially able to pay for the attorney in wholeor in part and refuse to do so, the court shall assess costs in whole or inpart against the parents for such legal services in the amount awarded theattorney by the court. Such amount shall not exceed $100 if the action is incircuit court or the maximum amount specified in subdivision 1 of 19.2-163if the action is in district court. In determining the financial ability ofthe parents to pay for an attorney to represent the child, the court shallutilize the financial statement required by 19.2-159.

In all other cases, except as provided in 16.1-343, counsel appointed torepresent a child shall be compensated for his services pursuant to 19.2-163.

B. When the court appoints counsel to represent a parent, guardian or otheradult pursuant to 16.1-266, such counsel shall be compensated for hisservices pursuant to 19.2-163.

(Code 1950, 16.1-173; 1956, c. 555; 1966, c. 709; 1968, c. 581; 1970, c.87; 1973, c. 440; 1974, c. 513; 1975, cc. 465, 559; 1977, c. 559; 1981, c.213; 1984, c. 709; 1986, c. 425; 1993, c. 344; 2004, cc. 342, 437.)