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§ 3-813. Assistance of counsel

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: July 1, 2017

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8. Juvenile Causes--Children in Need of Assistance (Refs & Annos)
Effective: July 1, 2017
MD Code, Courts and Judicial Proceedings, § 3-813
§ 3-813. Assistance of counsel
In general
(a) Except as provided in subsections (b) and (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle.
Counsel provided at State expense
(b) Except for the local department and the child who is the subject of the petition, a party is not entitled to the assistance of counsel at State expense unless the party is:
(1) Indigent; or
(2) Otherwise not represented and:
(i) Under the age of 18 years; or
(ii) Incompetent by reason of mental disability.
Representation by Public Defender
(c) The Office of the Public Defender may not represent a party in a CINA proceeding unless the party:
(1) Is the parent or guardian of the alleged CINA;
(2) Applies to the Office of the Public Defender requesting legal representation by the Public Defender in the proceeding; and
(3) Is financially eligible for the services of the Public Defender.
Child represented by counsel
(d)(1) A child who is the subject of a CINA petition shall be represented by counsel.
(2) Unless the court finds that it would not be in the best interests of the child, the court shall:
(i) Appoint an attorney with whom the Department of Human Services has contracted to provide those services, in accordance with the terms of the contract; and
(ii) If another attorney has previously been appointed, strike the appearance of that attorney.
Court-Appointed Special Advocate Program
(e) In addition to, but not instead of, the appointment of an attorney under this section, the court, in any action, may appoint an individual provided by a Court-Appointed Special Advocate Program created under § 3-830 of this subtitle.
Compensation of appointed attorney
(f) The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child in an action under this subtitle.

Credits

Added by Acts 2001, c. 415, § 3, eff. Oct. 1, 2001. Amended by Acts 2001, c. 415, § 4; Acts 2017, c. 62, § 6.
MD Code, Courts and Judicial Proceedings, § 3-813, MD CTS & JUD PRO § 3-813
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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