[Adopted 3-10-1993 by L.L. No. 2-1993]
The Dutchess County Legislature hereby determines that investigations
ordered by the Family Court and performed by the Probation Department
pursuant to § 653 of the Family Court Act serve a useful
social and judicial purpose. This Legislature further determines that
the number of such investigations being ordered by the Family Courts
of Dutchess County continues to increase and that many of the parties
involved in such investigations are able to pay for some or all of
the costs involved in performing such investigations.
The Dutchess County Probation Department is hereby authorized
to charge a fee of not less than $50 and not more than $500 to the
parties in a custody or visitation proceeding in the Dutchess County
Family Court for performing an investigation which it is ordered to
conduct pursuant to § 653 of the Family Court Act.
Such fee shall be based upon the parties' ability to pay the
fee, and the schedule for payment shall be fixed by the court issuing
the order for investigation, pursuant to the guidelines issued by
the State Director of the Office of Probation and Correctional Alternatives.
In order to preserve access to the Family Court, such fee may,
in the discretion of the court, be waived when the parties lack sufficient
means to pay the fee.
The court shall apportion the fee between the parties based
on their respective financial circumstances and the equities of the
case.
Fees collected pursuant to this article shall be paid directly
to the Dutchess County Probation Department to be retained and utilized
for local probation services.
