State ex rel. Juvenile Department v. Gallagher

Appellant, a juvenile, was placed on probation for an adjudicated act which would have constituted a crime if committed by an adult. He contends that the court was without authority to require repayment of a portion of his costs for court-appointed counsel as a condition of probation.

We have previously held that a court may not require repayment of such costs by a juvenile placed in the custody of the Childrens’ Services Division pursuant to ORS 419.507(1)(b). State ex rel Juv. Dept. v. Chapter, 68 Or App 110, 681 P2d 1171 (1984). The state seeks to distinguish probation from CSD placement,…