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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-267 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-267. Compensation of appointed counsel.
A. When the court appoints counsel to represent a child pursuant to subsection
A of § 16.1-266 A and, after an investigation by the court services unit, finds
that the parents are financially able to pay for the attorney and refuse to do so, the court shall
assess costs against the parent parents for such legal services in the maximum
amount of that awarded the attorney by the court under the circumstances
of the case, considering such factors as the ability of the parents to pay and the nature
and extent of the counsel's duties in the case. Such amount shall not exceed
$100 if the action is in circuit court or the maximum amount specified in
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 B
of § 16.1-266 B and, after an investigation by the court services unit, finds
that the parents are financially able to pay for the attorney in whole or in part and refuse to do
so, the court shall assess costs in whole or in part against the parents for such legal services in
the amount awarded the attorney by the court. Such amount shall not exceed $100
if the action is in circuit court or the maximum amount specified in
subdivision 1 of § 19.2-163 if the action is in district court. In determining
the financial ability of the parents to pay for an attorney to represent the child,
the court shall utilize the financial statement required by § 19.2-159.
In all other cases, except as provided in § 16.1-343, counsel appointed to represent 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 other adult pursuant to § 16.1-266, such counsel shall be compensated for his services pursuant to § 19.2-163.