(2)(a) Upon motion of the youth, or upon the court’s own motion, a court shall determine whether the youth is financially eligible under the policies, procedures, standards and guidelines of the Public Defense Services Commission.

(b) If a county court or justice court determines that the youth is financially eligible, the court shall order the county to pay the fees and costs described in subsection (3) of this section from funds available for that purpose.

(c) If a circuit court determines that the youth is financially eligible, the court shall order the public defense services executive director to pay the fees and costs described in subsection (3) of this section from funds available for that purpose.

(3) If a court determines that a youth is financially eligible under subsection (2) of this section, the court shall order that:

(a) A reasonable fee be paid to a psychiatrist, licensed psychologist or regulated social worker in private practice who conducts the evaluation; and

(b) All costs, including transportation of the youth, be paid if the evaluation is conducted by a psychiatrist, licensed psychologist or regulated social worker employed by the Department of Human Services or is conducted by a community mental health program or community developmental disabilities program established under ORS 430.610 to 430.695.

(4) If an evaluation is ordered under ORS 419C.378 at the request of or with the acquiescence of a youth, and the youth is determined not to be financially eligible under subsection (2) of this section, the evaluation shall be performed at the youth’s expense.

(5) If an evaluation is ordered under ORS 419C.378 at the request of the district attorney or juvenile department, the county shall pay for the expense of the evaluation.

(6) After a motion is made by the court or the youth under ORS 419C.378 (3), the state shall have the right to seek an independent evaluation at its own expense.

(7) A youth may not be removed from the youth’s current placement for the purpose of an evaluation performed under this section unless the youth has been placed in a detention facility as defined in ORS 419A.004 or a youth correction facility as defined in ORS 420.005. [2013 c.709 §2; 2017 c.558 §1]

Note: See note under 419C.378.