§ 7A-450.3. Determination of responsibility at hearing. - North Carolina Statutes

§ 7A‑450.3.  Determination of responsibility athearing.

At the dispositional, sentencing or other hearing of the person who isless than 18 years old or who is at least 18 years old but remains dependent onand domiciled with a parent or guardian, the court shall make a determinationwhether the parent, guardian or trustee should be held responsible forreimbursing the State for the person's attorney or guardian ad litem fees. Thisdetermination shall include the financial situation of the parent, guardian ortrustee, the relationship of responsibility the parent, guardian or trusteebears to the person and any showings by the parent, guardian or trustee thatthe person is emancipated or not dependent. The test of the party's financialability to pay is the test applied to appointment of an attorney in cases ofindigency. Any provision of any deed, trust or other writing, which, ifenforced, would defeat the intent or purpose of this section is contrary to thepublic policy of this State and is void insofar as it may apply to prohibitreimbursement to the State.

If the court determines that the parent, guardian or trustee isresponsible for reimbursing the State for the attorney or guardian ad litemfees, the court shall so order. If the party does not comply with the order atthe time of disposition, the court shall file a judgment against him for theamount due the State. (1983, c. 726, s. 1; 2005‑254,s. 3.)