37-1-150 - Cost and expense for care of child.
37-1-150. Cost and expense for care of child.
(a) The following expenses may be a charge upon the funds of the county upon certification thereof by the court:
(1) The cost of medical and other examinations and treatment of a child that is ordered by the court. The cost of outpatient mental health evaluations under § 37-1-128(e)(1) shall be the responsibility of the state;
(2) Reasonable compensation for services and related expenses of counsel appointed by the court for a party;
(3) Reasonable compensation for a guardian ad litem, except that in the case of indigents, the state, through the administrative office of the courts, shall pay for the guardian ad litem required by § 37-1-149 for proceedings arising under part 4 of this chapter. The supreme court shall prescribe by rule the nature of the expense for which compensation may be allowed hereunder, and such limitations and conditions for such compensation as it deems appropriate, subject to the provisions of this subdivision (a)(3). Such rules shall specify the form and content of applications for compensation under this subdivision (a)(3). The court may adopt such other rules related to this subdivision (a)(3) as it deems appropriate in the public interest;
(4) The cost of any preadjudicatory placement of a child pursuant to §§ 37-1-114 and 37-1-116, including necessary transportation of the child to such placement. A child alleged to be in violation of the conditions of home placement or charged with the commission of an offense that would be a felony if committed by an adult and eligible for secure detention as provided by § 37-1-114(c) who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the court having jurisdiction in the matter, be transported to and from the nearest such facility in this state; the cost of such transportation and placement shall be paid by the state subject to appropriations to the commission on children and youth for juvenile court services. Payment may also be made from available federal funding;
(5) The expense of service of summons, notices, subpoenas, travel expense of witnesses, except as provided in subsection (b), transportation of the child, and other like expenses incurred in the proceedings under this part; and
(6) The reasonable cost of secretarial services for the court in performing its duties as a juvenile court.
(b) (1) The cost of transporting a child who has been committed to a state correctional institution on an offense that would be a felony if committed by an adult shall be paid by the state. The cost of transportation of a child for mental health examination or evaluation when the examination or evaluation has been ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult shall be paid by the county.
(2) The cost of an inpatient mental health examination or evaluation ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult, and the cost incidental to the examination or evaluation, shall be paid by the city or county.
(c) The cost of transporting a child from another state for an offense that would be a felony if the child were an adult shall be paid by the state; otherwise, the city or county will bear the cost.
(d) (1) If, after due notice to the parents or other persons legally obligated to care for and support the child, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses stated in subdivisions (a)(1)-(5), the court may order them to pay the same and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due, or if the costs and expenses have been paid by the county to the appropriate officer of the county.
(2) If, after due notice to the parents or other persons legally obligated to care for and support the child and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses of the mental evaluation or examination of the child, which have been paid by the city or county pursuant to subsection (b), the court may order them to pay the costs and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due; or if the costs and expenses have been paid by the state, to the appropriate officer of the state.
(e) (1) The cost of providing court appointed attorneys to represent juveniles whose families are found to be financially unable to retain counsel, if the allegations against the juvenile would constitute a felony had the juvenile been an adult, shall be provided by the state through an appropriation to be administered by the administrative director of the courts.
(2) The supreme court shall prescribe by rule the nature of the expenses for which reimbursement may be allowed hereunder, and such limitations and conditions for such reimbursement as it deems appropriate in the public interest, subject to the provisions of this section. Such rules shall also specify the form and content of applications for reimbursement of compensation to be filed under this section. The court may adopt such other rules with regard to the accomplishment of the purposes as it deems appropriate in the public interest.
(3) Attorneys appointed hereunder, other than public defenders, are entitled to reasonable compensation for their services, both prior to and at the hearing of the cause, and are entitled to reimbursement for their reasonable and necessary expenses in accordance with the rules of the supreme court.
(4) Each attorney seeking reimbursement or compensation hereunder shall file an application with the juvenile court, stating in detail the nature and amount of the expenses claimed, supporting such claim with receipts showing payment thereof and stating the nature and extent of the attorney's services, including those in connection with any preliminary hearing.
(f) (1) All of the cost of providing court-appointed counsel to represent parents, if allegations against the parents would result in finding the child or dependent neglected, or if there is a petition of termination of parental rights, shall be provided by the state through an appropriation to be administered by the administrative director of the courts.
(2) The supreme court shall prescribe by rule the nature of the expenses for which reimbursement may be allowed and such limitations and conditions for such reimbursement as deemed appropriate in the public interest. Such rule shall specify the form and content of applications for reimbursement of compensation to be filed. The court may adopt such other rules with regard to the accomplishment of the purposes as it deems appropriate in the public interest.
(3) The funds necessary to implement the provisions of this subsection (f) shall be earmarked from funds generated pursuant to the provisions of § 8-21-501.
(g) Costs for proceedings under this title or the costs of the care or treatment of any child that is ordered by the court shall be paid by the state only when specifically authorized by this title or other provisions of law.
[Acts 1970, ch. 600, § 49; 1971, ch. 107, § 1; 1972, ch. 755, § 1; 1973, ch. 258, § 1; 1974, ch. 483, § 1; 1977, ch. 482, §§ 7, 8; 1980, ch. 796, § 3; 1981, ch. 316, § 5; 1983, ch. 408, §§ 4, 5; T.C.A., § 37-249; Acts 1984, ch. 977, § 1; 1985, ch. 59, § 1; 1986, ch. 878, § 5; 1991, ch. 491, §§ 1, 2; 1993, ch. 66, §§ 49, 50; 1996, ch. 1079, §§ 73, 103; 1999, ch. 508, § 9; 2001, ch. 368, §§ 1, 2; 2009, ch. 549, §§ 3-5.]