(a) Appointment of Attorney. The court shall appoint an attorney for an individual when required by Code, Family Law Article:
(1) § 5-307 in a Public Agency Adoption without Prior TPR;
(2) § 5-307 in a Public Agency Adoption after TPR;
(3) § 5-3A-07 in a Private Agency Guardianship;
(4) § 5-3A-07 in a Private Agency Adoption; or
(5) § 5-3B-06 in an Independent Adoption.
(b) Payment of Attorney's Fees. Even if the prospective adoptee is not entitled to a court-appointed attorney, the person is entitled to consult an attorney chosen by that person. The adoptive parents or agency may agree to pay all or part of the attorney's fees on behalf of the person, or the court may order the adoptive parents or agency to do so.
Cross reference: See Code, Family Law Article, §§ 5-309 as to a Public Agency Adoption without Prior TPR; 5-3A-09 as to a Private Agency Guardianship; and 5-3B-08 as to an Independent Adoption.
(c) Affidavit of Attorney. (1)
With a Parental Consent. The attorney shall file an affidavit in the applicable form set forth at the end of this Title with a consent signed by a parent when required by Code, Family Law Article;
(A) § 5-339 in a Public Agency Adoption without Prior TPR;
(B) § 5-3A-19 in a Private Agency Guardianship; or
(C) § 5-3B-21 in an Independent Adoption.
(2)
With a Consent of a Prospective Adoptee. The attorney shall file an affidavit in the applicable form set forth at the end of this Title with a consent signed by a prospective adoptee if the adoptee is represented and
(B) has a disability that makes the prospective adoptee incapable of effectively participating in a case.
Cross reference: See Rule 9-102 (b)(3).
(d) Investigation by Court. (1)
Optional. The court may order an investigation as provided by Code, Family Law Article:
(A) § 5-3A-16 in a Private Agency Guardianship; or
(B) § 5-3B-16 in an Independent Adoption.
(2)
Mandatory. The court shall order an investigation in a nonconsensual Independent Adoption as provided in Code, Family Law Article, § 5-3B-16.
(3)
Recommendation of Investigator. If requested by the court, the report of any investigation may include the recommendation of the investigator.
(4)
In Writing. The report of any investigation shall be submitted to the court in writing and filed among the records of the proceeding.
Source: This Rule is new.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended June 4, 2007, eff. July 1, 2007; Nov. 9, 2021, eff. Jan. 1, 2022; Nov. 17, 2023, eff. Nov. 20, 2023.]
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
