A. The following expenses shall be a charge upon the funds of the court upon their certification by the court:

(1) reasonable compensation for services and related expenses for counsel appointed by the court;

(2) reasonable compensation for services and related expenses of a guardian ad litem or a child's attorney appointed by the court; and

(3) the expenses of service of summonses, notices, subpoenas, traveling expenses of witnesses and other like expenses incurred in any proceeding under the Children's Code.

B. The court may order the parent or other person legally obligated to care for and support a child to pay all or part of the costs and expenses pursuant to Subsection A of this section when:

(1) the child has been found to be a delinquent child, a child of a family in need of court-ordered services, an abused or neglected child or a child with a mental illness or a developmental disability;

(2) the parent or other person legally obligated to care for and support a child is given notice and a hearing to determine the parent or person's financial ability to pay the costs and expenses; and

(3) the court finds that the parent or person is able to pay all or part of the costs and expenses.

Unless otherwise ordered, payment shall be made to the court for remittance to those to whom compensation is due or, if costs and expenses have been paid by the court, to the court for remittance to the state. The court may prescribe the manner of payment.

C. Whenever legal custody of an adjudicated child is vested in someone other than the child's parents, including an agency, institution or department of this state, if the court, after notice to the parents or other persons legally obligated to support the child and after a hearing, finds that the parents or other legally obligated persons are financially able to pay all or part of the costs and expenses of the support and treatment, the court may order the parents or other legally obligated persons to pay to the custodian in the manner the court directs a reasonable sum that will cover all or part of the expenses of the support and treatment of the child subsequent to the entry of the custody order. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment. If the parents or other legally obligated persons willfully fail or refuse to pay the sum ordered, the court may proceed with contempt charges and the order for payment may be filed and if filed shall have the effect of a civil judgment.

History: 1978 Comp., § 32A-1-19, enacted by Laws 1993, ch. 77, § 28; 2005, ch. 189, § 9.

The 2005 amendment, effective June 17, 2005, provided in Subsection A that the fees of a child's attorney shall be a charge upon the funds of the court.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-41 NMSA 1978 have been included in the annotations to this section.

Assessment of deposition costs. — The children's court cannot assess deposition costs against the human services department in a child abuse and neglect proceeding. State ex rel. Human Servs. Dep't v. Judy H., 1987-NMCA-045, 105 N.M. 678, 735 P.2d 1184, cert. denied, 105 N.M. 644, 735 P.2d 1150.

Guardian ad litem not entitled to attorney fees. — Guardian ad litem for a child appointed by the children's court in an abuse and neglect proceeding was not entitled to attorneys fees since the court did not request payment and since the children, youth, and families department was not a "person" who could be required to pay attorney fees under this section. In re T.B., 1996-NMCA-035, 121 N.M. 465, 913 P.2d 272.

Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Attorneys' fees awards in parent-nonparent child custody case, 45 A.L.R.4th 212.