{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-267.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-267.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-267.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-267.html"}],"law_id":72205,"edition_id":1,"section_id":72205,"structure_id":16033,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","history":"Code 1950, \u00a7 16.1-173; 1956, c. 555; 1966, c. 709; 1968, c. 581; 1970, c. 87; 1973, c. 440; 1974, c. 513; 1975, cc. 465, 559; 1977, c. 559; 1981, c. 213; 1984, c. 709; 1986, c. 425; 1993, c. 344; 2004, cc. 342, 437; 2017, c. 676; 2018, c. 688; 2024, c. 428.","full_text":"A\n\nWhen the court appoints counsel to represent a child pursuant to subsection A of § 16.1-266 and, after an investigation by the court services unit, finds that the parents are financially able to pay for the attorney and refuse to do so, the court shall assess costs against the parents for such legal services in the maximum amount of that awarded the attorney by the court under the circumstances of the case, considering such factors as the ability of the parents to pay and the nature and extent of the counsel’s duties in the case. Such amount shall not exceed the maximum amount specified in subdivision 1 of § 19.2-163 if the action is in district court.\n\t\t\tWhen the court appoints counsel to represent a child pursuant to subsection B or C of § 16.1-266 and, after an investigation by the court services unit, finds that the parents are financially able to pay for the attorney in whole or in part and refuse to do so, the court shall assess costs in whole or in part against the parents for such legal services in the amount awarded the attorney by the court. Such amount shall not exceed $100 if the action is in circuit court or the maximum amount specified in subdivision 1 of § 19.2-163 if the action is in district court. In determining the financial ability of the parents to pay for an attorney to represent the child, the court shall utilize the financial statement required by § 19.2-159.\n\t\t\tIn all other cases, except as provided in § 16.1-343, counsel appointed to represent a child shall be compensated for his services pursuant to § 19.2-163.B\n\nWhen the court appoints counsel to represent a parent, guardian, or other adult pursuant to § 16.1-266, such counsel shall be compensated for his services pursuant to § 19.2-163. When the court appoints counsel to represent a parent, guardian, or other adult pursuant to § 16.1-266 in a child dependency case as defined in § 16.1-266.1, such counsel shall be compensated for his services in an amount not to exceed $330, except that in matters arising under § 16.1-283, such counsel shall be compensated for his services in an amount not to exceed $680. Notwithstanding the foregoing, no court may waive the limitation of fees as set forth therein.C\n\n1. In any proceeding in which the court appoints a guardian ad litem to represent a child pursuant to \u00a7 16.1-266, the court shall order the parent, or other party with a legitimate interest who has filed a petition in such proceeding, to reimburse the Commonwealth the costs of such services in an amount not to exceed the amount awarded the guardian ad litem by the court. If the court determines that such party is unable to pay, the required reimbursement may be reduced or eliminated. No party whom the court determines to be indigent pursuant to \u00a7 19.2-159 shall be required to pay reimbursement except where the court finds good cause to do so. The Executive Secretary of the Supreme Court shall administer the guardian ad litem program and shall report August 1 and January 1 of each year to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations on the amounts paid for guardian ad litem purposes, amounts reimbursed, savings achieved, and management actions taken to further enhance savings under this program.2\n\nFor good cause shown, or upon the failure by the guardian ad litem to substantially comply with the standards adopted for attorneys appointed as guardians ad litem pursuant to § 16.1-266.1, the court may adjust the cost sought by the guardian ad litem of such services.3\n\nFor the purposes of this subsection, “other party with a legitimate interest” shall not include child welfare agencies or local departments of social services.","order_by":null,"text":{"0":{"id":260133,"text":"When the court appoints counsel to represent a child pursuant to subsection A of § 16.1-266 and, after an investigation by the court services unit, finds that the parents are financially able to pay for the attorney and refuse to do so, the court shall assess costs against the parents for such legal services in the maximum amount of that awarded the attorney by the court under the circumstances of the case, considering such factors as the ability of the parents to pay and the nature and extent of the counsel’s duties in the case. Such amount shall not exceed the maximum amount specified in subdivision 1 of § 19.2-163 if the action is in district court.\n\t\t\tWhen the court appoints counsel to represent a child pursuant to subsection B or C of § 16.1-266 and, after an investigation by the court services unit, finds that the parents are financially able to pay for the attorney in whole or in part and refuse to do so, the court shall assess costs in whole or in part against the parents for such legal services in the amount awarded the attorney by the court. Such amount shall not exceed $100 if the action is in circuit court or the maximum amount specified in subdivision 1 of § 19.2-163 if the action is in district court. In determining the financial ability of the parents to pay for an attorney to represent the child, the court shall utilize the financial statement required by § 19.2-159.\n\t\t\tIn all other cases, except as provided in § 16.1-343, counsel appointed to represent a child shall be compensated for his services pursuant to § 19.2-163.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260134,"text":"When the court appoints counsel to represent a parent, guardian, or other adult pursuant to § 16.1-266, such counsel shall be compensated for his services pursuant to § 19.2-163. When the court appoints counsel to represent a parent, guardian, or other adult pursuant to § 16.1-266 in a child dependency case as defined in § 16.1-266.1, such counsel shall be compensated for his services in an amount not to exceed $330, except that in matters arising under § 16.1-283, such counsel shall be compensated for his services in an amount not to exceed $680. Notwithstanding the foregoing, no court may waive the limitation of fees as set forth therein.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260135,"text":"1. In any proceeding in which the court appoints a guardian ad litem to represent a child pursuant to \u00a7 16.1-266, the court shall order the parent, or other party with a legitimate interest who has filed a petition in such proceeding, to reimburse the Commonwealth the costs of such services in an amount not to exceed the amount awarded the guardian ad litem by the court. If the court determines that such party is unable to pay, the required reimbursement may be reduced or eliminated. No party whom the court determines to be indigent pursuant to \u00a7 19.2-159 shall be required to pay reimbursement except where the court finds good cause to do so. The Executive Secretary of the Supreme Court shall administer the guardian ad litem program and shall report August 1 and January 1 of each year to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations on the amounts paid for guardian ad litem purposes, amounts reimbursed, savings achieved, and management actions taken to further enhance savings under this program.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":260136,"text":"For good cause shown, or upon the failure by the guardian ad litem to substantially comply with the standards adopted for attorneys appointed as guardians ad litem pursuant to § 16.1-266.1, the court may adjust the cost sought by the guardian ad litem of such services.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"4":{"id":260137,"text":"For the purposes of this subsection, “other party with a legitimate interest” shall not include child welfare agencies or local departments of social services.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2"}},"ancestry":[{"id":16033,"edition_id":1,"name":"Appointment of Counsel","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 04:04:19","date_modified":"2026-06-26 04:04:19","permalink":{"id":161651,"object_type":"structure","relational_id":16033,"identifier":"6","token":"16.1\/11\/6","url":"\/16.1\/11\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78366,"structure_id":16033,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","url":"\/16.1-266\/","token":"16.1\/11\/6\/16.1-266","metadata":false},{"id":72020,"structure_id":16033,"section_number":"16.1-266.1","catch_line":"Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians","url":"\/16.1-266.1\/","token":"16.1\/11\/6\/16.1-266.1","metadata":false},{"id":62830,"structure_id":16033,"section_number":"16.1-266.2","catch_line":"Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases","url":"\/16.1-266.2\/","token":"16.1\/11\/6\/16.1-266.2","metadata":false},{"id":72205,"structure_id":16033,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","url":"\/16.1-267\/","token":"16.1\/11\/6\/16.1-267","metadata":false},{"id":65198,"structure_id":16033,"section_number":"16.1-268","catch_line":"Order of appointment","url":"\/16.1-268\/","token":"16.1\/11\/6\/16.1-268","metadata":false}],"previous_section":{"id":62830,"structure_id":16033,"section_number":"16.1-266.2","catch_line":"Appointment of pro bono counsel by judges of the First and Second Judicial District in certain cases","url":"\/16.1-266.2\/","token":"16.1\/11\/6\/16.1-266.2","metadata":false},"next_section":{"id":65198,"structure_id":16033,"section_number":"16.1-268","catch_line":"Order of appointment","url":"\/16.1-268\/","token":"16.1\/11\/6\/16.1-268","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-267\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1966, chapter 709; in 1968, chapter 581; in 1970, chapter 87; in 1973, chapter 440; in 1974, chapter 513; in 1975, chapters 465 and 559; in 1977, chapter 559; in 1981, chapter 213; in 1984, chapter 709; in 1986, chapter 425; in 1993, chapter 344; in 2004, chapters 342<\/a> and 437<\/a>; in 2017, chapter 676<\/a>; in 2018, chapter 688<\/a>; in 2024, chapter 428<\/a>.<\/p>","references":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":76609,"section_number":"20-124.4","catch_line":"Mediation","order_by":null,"url":"\/20-124.4\/"}],"refers_to":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":72020,"section_number":"16.1-266.1","catch_line":"Standards for attorneys appointed as guardians ad litem; list of qualified attorneys; attorneys appointed for parents or guardians","order_by":null,"url":"\/16.1-266.1\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":81468,"section_number":"16.1-343","catch_line":"Involuntary commitment; duties of attorney for the minor","order_by":null,"url":"\/16.1-343\/"},{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"}],"permalink":{"id":161665,"object_type":"law","relational_id":72205,"identifier":"16.1-267","token":"16.1\/11\/6\/16.1-267","url":"\/16.1-267\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-267\/","token":"16.1\/11\/6\/16.1-267","dublin_core":{"Title":"Compensation of appointed counsel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-267","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When the court<\/span> appoints counsel<\/span> to represent a child pursuant to subsection A of § 16.1-266<\/a> and, after an investigation by the court<\/span> services unit, finds that the parents are financially able to pay for the attorney and refuse to do so, the court<\/span> shall assess costs against the parents for such legal services in the maximum amount of that awarded the attorney by the court<\/span> under the circumstances of the case, considering such factors as the ability of the parents to pay and the nature and extent of the counsel<\/span>’s duties in the case. Such amount shall not exceed the maximum amount specified in subdivision 1 of § 19.2-163<\/a> if the action is in district court.\n\t\t\tWhen the court<\/span> appoints counsel<\/span> to represent a child pursuant to subsection B or C of § 16.1-266<\/a> and, after an investigation by the court<\/span> services unit, finds that the parents are financially able to pay for the attorney in whole or in part and refuse to do so, the court<\/span> shall assess costs in whole or in part against the parents for such legal services in the amount awarded the attorney by the court<\/span>. Such amount shall not exceed $100 if the action is in circuit<\/span> court or the maximum amount specified in subdivision 1 of § 19.2-163<\/a> if the action is in district court. In determining the financial ability of the parents to pay for an attorney to represent the child, the court<\/span> shall utilize the financial statement required by § 19.2-159<\/a>.\n\t\t\tIn all other cases, except as provided in § 16.1-343<\/a>, counsel<\/span> appointed to represent a child shall be compensated for his services pursuant to § 19.2-163<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When the court<\/span> appoints counsel<\/span> to represent a parent, guardian, or other adult<\/span> pursuant to § 16.1-266<\/a>, such counsel<\/span> shall be compensated for his services pursuant to § 19.2-163<\/a>. When the court<\/span> appoints counsel<\/span> to represent a parent, guardian, or other adult<\/span> pursuant to § 16.1-266<\/a> in a child dependency case as defined in § 16.1-266.1<\/a>, such counsel<\/span> shall be compensated for his services in an amount not to exceed $330, except that in matters arising under § 16.1-283<\/a>, such counsel<\/span> shall be compensated for his services in an amount not to exceed $680. Notwithstanding the foregoing, no court may waive<\/span> the limitation of fees as set forth therein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. In any proceeding in which the court<\/span> appoints a guardian ad litem<\/span> to represent a child pursuant to \u00a7 16.1-266<\/a>, the court<\/span> shall order<\/span> the parent, or other party<\/span> with a legitimate interest who has filed a petition<\/span> in such proceeding, to reimburse the Commonwealth the costs of such services in an amount not to exceed the amount awarded the guardian ad litem<\/span> by the court<\/span>. If the court<\/span> determines that such party<\/span> is unable to pay, the required reimbursement may be reduced or eliminated. No party<\/span> whom the court<\/span> determines to be indigent<\/span> pursuant to \u00a7 19.2-159<\/a> shall be required to pay reimbursement except where the court<\/span> finds good cause to do so. The Executive Secretary of the Supreme Court shall administer the guardian ad litem<\/span> program and shall report August 1 and January 1 of each year to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations on the amounts paid for guardian ad litem<\/span> purposes, amounts reimbursed, savings achieved, and management actions taken to further enhance savings under this program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For good cause shown, or upon the failure by the guardian ad litem<\/span> to substantially comply with the standards adopted for attorneys appointed as guardians ad litem pursuant to § 16.1-266.1<\/a>, the court<\/span> may adjust the cost sought by the guardian ad litem<\/span> of such services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For the purposes of this subsection, “other party<\/span> with a legitimate interest” shall not include child welfare agencies or local departments<\/span> of social services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPENSATION OF APPOINTED COUNSEL (\u00a7 16.1-267)\n\nA. When the court appoints counsel to represent a child pursuant to subsection A\nof § 16.1-266 and, after an investigation by the court services unit, finds\nthat the parents are financially able to pay for the attorney and refuse to do\nso, the court shall assess costs against the parents for such legal services in\nthe maximum amount of that awarded the attorney by the court under the\ncircumstances of the case, considering such factors as the ability of the\nparents to pay and the nature and extent of the counsel’s duties in the\ncase. Such amount shall not exceed the maximum amount specified in subdivision 1\nof § 19.2-163 if the action is in district court.\n\t\t\tWhen the court appoints counsel to represent a child pursuant to subsection B\nor C of § 16.1-266 and, after an investigation by the court services unit,\nfinds that the parents are financially able to pay for the attorney in whole or\nin part and refuse to do so, the court shall assess costs in whole or in part\nagainst the parents for such legal services in the amount awarded the attorney\nby the court. Such amount shall not exceed $100 if the action is in circuit\ncourt or the maximum amount specified in subdivision 1 of § 19.2-163 if the\naction is in district court. In determining the financial ability of the parents\nto pay for an attorney to represent the child, the court shall utilize the\nfinancial statement required by § 19.2-159.\n\t\t\tIn all other cases, except as provided in § 16.1-343, counsel appointed\nto represent a child shall be compensated for his services pursuant to §\n19.2-163.\n\nB. When the court appoints counsel to represent a parent, guardian, or other\nadult pursuant to § 16.1-266, such counsel shall be compensated for his\nservices pursuant to § 19.2-163. When the court appoints counsel to\nrepresent a parent, guardian, or other adult pursuant to § 16.1-266 in a\nchild dependency case as defined in § 16.1-266.1, such counsel shall be\ncompensated for his services in an amount not to exceed $330, except that in\nmatters arising under § 16.1-283, such counsel shall be compensated for his\nservices in an amount not to exceed $680. Notwithstanding the foregoing, no\ncourt may waive the limitation of fees as set forth therein.\n\nC. 1. In any proceeding in which the court appoints a guardian ad litem to\nrepresent a child pursuant to \u00a7 16.1-266, the court shall order the parent, or\nother party with a legitimate interest who has filed a petition in such\nproceeding, to reimburse the Commonwealth the costs of such services in an\namount not to exceed the amount awarded the guardian ad litem by the court. If\nthe court determines that such party is unable to pay, the required\nreimbursement may be reduced or eliminated. No party whom the court determines\nto be indigent pursuant to \u00a7 19.2-159 shall be required to pay reimbursement\nexcept where the court finds good cause to do so. The Executive Secretary of the\nSupreme Court shall administer the guardian ad litem program and shall report\nAugust 1 and January 1 of each year to the Chairmen of the House Committee on\nAppropriations and the Senate Committee on Finance and Appropriations on the\namounts paid for guardian ad litem purposes, amounts reimbursed, savings\nachieved, and management actions taken to further enhance savings under this\nprogram.\n\n 2. For good cause shown, or upon the failure by the guardian ad litem to\n substantially comply with the standards adopted for attorneys appointed as\n guardians ad litem pursuant to § 16.1-266.1, the court may adjust the\n cost sought by the guardian ad litem of such services.\n\n 3. For the purposes of this subsection, “other party with a legitimate\n interest” shall not include child welfare agencies or local departments\n of social services.\n\nHISTORY: Code 1950, \u00a7 16.1-173; 1956, c. 555; 1966, c. 709; 1968, c. 581; 1970,\nc. 87; 1973, c. 440; 1974, c. 513; 1975, cc. 465, 559; 1977, c. 559; 1981, c.\n213; 1984, c. 709; 1986, c. 425; 1993, c. 344; 2004, cc. 342, 437; 2017, c. 676;\n2018, c. 688; 2024, c. 428.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}