§ 28-162. Juvenile proceedings - Fees and costs.

A.  The clerks of the courts shall collect as costs in every juvenile delinquency, child in need of supervision, or deprived case in which the juvenile is adjudicated, irrespective of whether or not the sentence is deferred, or minor in need of treatment case pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, Section 5-501 et seq. of Title 43A of the Oklahoma Statutes, irrespective of whether the child is committed for inpatient mental health or substance abuse treatment, or in every such case in which a petition is filed at the demand of the parents of a juvenile and said petition is subsequently dismissed prior to adjudication at said parents' request, the following flat charge and no more, except for the charges provided for in this section, which fee shall cover docketing of the case, filing of all papers, issuance of process, warrants and orders, and other services to date of judgment:

For each case where one or more

juveniles are adjudicated deprived              $50.00

For each juvenile who is certified to

stand trial as an adult              $75.00

In each juvenile case wherein parental

rights are terminated              $50.00

For each juvenile adjudicated in need

of supervision              $50.00

For each child found to be a minor

in need of treatment              $50.00

For each juvenile adjudicated for an

offense which would be a misdemeanor

if committed by an adult, including

violation of any traffic law, whether

charged individually or conjointly with others              $50.00

For each juvenile adjudicated for an

offense which would be a felony if

committed by an adult, whether charged

individually or conjointly with others              $75.00

For the services of a court reporter at

each trial held in the case              $20.00

When a jury is requested              $30.00

A sheriff's fee for serving or

endeavoring to serve all writs,

warrants, orders, process, commands,

or notices or pursuing any fugitive

from justice.....................................$20.00 or mileage as established by Oklahoma Statutes, whichever is greater.

B.  In addition to the amount collected pursuant to subsection A of this section, the sum of Fifteen Dollars ($15.00) shall be assessed and collected for each juvenile case.  The fees collected shall be forwarded to the District Attorneys Revolving Fund to defray the costs of prosecution.

C.  Costs assessed pursuant to subsections A and B of this section shall be levied against the juvenile, the parent, or both, but shall not be levied against the legal guardian or any state or private agency having custody of any juvenile subject to such proceedings.

D.  Prior to adjudication, parties in juvenile delinquency, child in need of supervision, minor in need of treatment, and deprived cases shall not be required to pay, advance, or post security for the issuance or service of process to obtain compulsory attendance of witnesses.  These fees shall be deposited into the court fund, except the sheriff's fee, when collected, shall be transferred to the general fund of the county in which service is made or attempted to be made.

E.  The clerk of the district court shall charge the sum of One Hundred Dollars ($100.00) for preparing, assembling, indexing, and transmitting the record for appellate review.  This fee shall be paid by the party taking the appeal and shall be entered as costs in the action.  If more than one party to the action shall prosecute an appeal from the same judgment or order, the fee shall be paid by the party whose petition in error is determined by the district court or by the appellate court to commence the principal appeal.  The fees collected hereunder shall be paid into the court fund.

F.  Fees and costs collected in juvenile cases may be withdrawn from the court fund and used for operations of the juvenile bureaus, in counties wherein a statutory juvenile bureau is in operation, upon approval by the Chief Justice of the Oklahoma Supreme Court.

G.  In those seventy-four counties in which court services are provided by contract between the Oklahoma Supreme Court and the Department of Human Services, funds received from court costs in juvenile cases may be withdrawn from the court fund and paid to the Department of Human Services upon approval by the Chief Justice of the Oklahoma Supreme Court.  Said funds are to be expended by the Department of Human Services to supplement community-based programs, such as youth services programs, day treatment programs and group home services.  Specific annual training of Department workers in community-based services providing the above court-related services is also to be included for expenditure of funds received from court costs in juvenile cases by the Department of Human Services.

H.  In those seventy-four counties in which court services are provided by contract between the Oklahoma Supreme Court and the Office of Juvenile Affairs, funds received from court costs or orders for care and maintenance in juvenile cases may be withdrawn from the court fund and paid to the Office of Juvenile Affairs upon approval by the Chief Justice of the Oklahoma Supreme Court.  Said funds are to be expended by the Office of Juvenile Affairs to provide care and maintenance and to supplement community-based programs, such as alternative education, juvenile offender community and victim restitution work programs, community sanction programs, youth services programs, day treatment programs, group home services, and detention services.  Specific annual training of agency workers in community-based services providing the above court-related services is also to be included for expenditure of funds received from court costs in juvenile cases by the Office of Juvenile Affairs.

Added by Laws 1983, c. 250, § 1, operative July 1, 1983.  Amended by Laws 1985, c. 164, § 2, eff. Nov. 1, 1985; Laws 1987, c. 181, § 5, eff. July 1, 1987; Laws 1991, c. 238, § 32, eff. July 1, 1991; Laws 1992, c. 303, § 29, eff. July 1, 1992; Laws 1993, c. 10, § 4, emerg. eff. March 21, 1993; Laws 1996, c. 339, § 12, eff. Nov. 1, 1996; Laws 1997, c. 293, § 39, eff. July 1, 1997; Laws 2002, c. 327, § 32, eff. July 1, 2002; Laws 2003, c. 474, § 7, eff. Nov. 1, 2003.

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