59-2981. Costs; payment by residence county, when.
59-2981
59-2981. Costs; payment by residence county, when.In each proceeding the court shall allow andorder paid to any individual or treatment facility as part of thecosts thereof a reasonable fee and expenses for any professionalservices ordered performed by the court pursuant to this actother than those performed by any individual or hospital underthe jurisdiction of the secretary of social and rehabilitationservices, and including the fee of counsel for the patient whencounsel is appointed by the court and the costs of the county ordistrict attorney incurred in cases involving change of venue.Other costs and fees shall be allowed and paid as are allowed bylaw for similar services in other cases. The costs shall be taxedto the estate of the patient, to those bound by law to supportsuch patient or to the county of the residence of the patient asthe court having jurisdiction shall direct, except that if aproposed patient is found not to be a mentally ill person subjectto involuntary commitment under this act, the costs shall not beassessed against such patient's estate but may at the discretionof the court be assessed against the petitioner or may be paidfrom the general fund of the county of the residence of theproposed patient. Any district court receiving a statement ofcosts from another district court shall forthwith approve thesame for payment out of the general fund of its county exceptthat it may refuse to approve the same for payment only on theground that the patient is not a resident of that county. In suchcase it shall transmit the statement of costs to the secretary ofsocial and rehabilitation services who shall determine thequestion of residence and certify the secretary's findings toeach district court. Whenever a district court has sent astatement of costs to the district court of another county andsuch costs have not been paid within 90 days after the statementwas sent, the district court that sent the statement may transmitsuch statement of costs to the secretary for determination andcertification as provided above. If the claim for costs is notpaid within 30 days after such certification, an action may bemaintained thereon by the claimant county in the district courtof the claimant county against the debtor county. The findingsmade by the secretary of social and rehabilitation services as tothe residence of the patient shall be applicable only to theassessment of costs. Any county of residence which pays from itsgeneral fund court costs to the district court of another countymay recover the same in any court of competent jurisdiction fromthe estate of the patient or from those bound by law to supportsuch patient, unless the court shall find that the proceedings inwhich such costs were incurred were instituted without probablecause and not in good faith.
History: L. 1996, ch. 167, § 37; Apr. 18.