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§ 5-3A-07. Appointed counsel

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3a. Private Agency Guardianship and Adoption (Refs & Annos)
Part I. General Provisions (Refs & Annos)
MD Code, Family Law, § 5-3A-07
§ 5-3A-07. Appointed counsel
Parent
(a)(1) In a case under this subtitle, a court shall appoint an attorney to represent a parent who:
(i) has a disability that makes the parent incapable of effectively participating in the case; or
(ii) when the parent must decide whether to consent under this subtitle, is still a minor.
(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.
Child
(b)(1) In an adoption proceeding under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:
(i) is at least 10 years old; and
(ii) 1. is a minor; or
2. has a disability that makes the prospective adoptee incapable of effectively participating in the proceeding.
(2) To determine whether a disability makes a child incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the child.
Dual representation
(c) An attorney or firm:
(1) may represent more than one party in a case under this subtitle only if the Maryland Rules of Professional Conduct allow; and
(2) may not represent a prospective adoptive parent and parent in the same case.
Compensation
(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 365, § 2, eff. June 1, 2006.
MD Code, Family Law, § 5-3A-07, MD FAMILY § 5-3A-07
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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