Section 1. Authority. These rules are promulgated pursuant to W.S. §14-6-229(d), W.S. §14-6-235(d), W.S. §14-6-236, and W.S. §14-6-302.

  Section 2. Purpose. These rules are adopted to establish a standard fee schedule for probation services. The statute provides the opportunity for the court to impose a fee for probation services for adjudicated delinquents. This fee is determined by a financial assessment of the juvenile, juvenile's parents, guardian or other person legally obligated for the juvenile's support. The assessment of probation fees is an opportunity for the courts to increase juvenile accountability, by attaching a monetary figure to service of probation. This serves as another tool at the court's disposal, when imposing sanctions.

  Section 3. Severability. If any provision of these rules or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.

  Section 4. Definitions.

    (a) "Court" - the juvenile court established by W.S. §5-8-101.

    (b) "Delinquent act" - an act punishable as a criminal offense by the laws of the state or any political subdivision thereof; or contempt of court under W.S. §14-6-242 or an act violating the terms and conditions of probation.

    (c) "Delinquent child" - a child who has committed a delinquent act.

    (d) "Probation" - a legal status created by court order following an adjudication of delinquent, where a child is permitted to remain in his home subject to supervision by a city, county or state probation officer, the Department of Family Services or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation.

  Section 5. Fees. A standard $25.00 per month fee shall be assessed. Fifteen (15) percent of the fee will remain with the Clerk of District Court's office, and 85 percent of the total fee will be forwarded to the Department of Family Services. Dollars obtained through this process will be deposited in the State of Wyoming's Child Support Trust Fund.

  Section 6. Determination of Ability to Pay. The court will make determination of ability to pay based upon information provided. This determination shall include all parties jointly and severally for probation expenses.

  Section 7. Procedures.

    (a) The court will determine whether there is an ability to pay, and whether a fee is assessed. The court order shall contain:

      (1)  fee amount,

      (2)  location payment is to be made,

      (3)  date payment is due (by the 10th of each month), and

      (4)  designated method of payment (money order, cash or certified check).

    (b) If the court determines that there exists no ability to pay, a statement reflecting such shall be incorporated into the  order.

    (c) Juveniles or other responsible parties, who have been ordered to pay a fee, shall report to the Clerk of District Court's office to initiate the payment process. Failure to do so, may result in a higher fee assessment or revocation of probation.