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§ 5-307. Appointed counsel

West's Annotated Code of MarylandFamily LawEffective: October 1, 2008

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3. Guardianship to and Adoption Through Local Department (Refs & Annos)
Part I. General Provisions (Refs & Annos)
Effective: October 1, 2008
MD Code, Family Law, § 5-307
§ 5-307. Appointed counsel
Parent
(a)(1) Unless the public defender is required under § 16-204 of the Criminal Procedure Article to provide representation, in a case under Part II or Part III of this subtitle, a juvenile 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 a petition for guardianship or adoption is filed or consent to guardianship or adoption is given, is a minor.
(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a juvenile court, on its own motion or motion of a party, may order examination of the parent.
Child
(b)(1) In accordance with paragraph (2) of this subsection, in a case under this subtitle, a juvenile court shall appoint an attorney to represent a child.
(2) Unless a juvenile court finds that it is not in a child's best interests, the juvenile court:
(i) if the attorney who currently represents the child in a pending CINA case or guardianship case is under contract with the Department to provide services under this subsection, shall appoint that attorney; and
(ii) if the attorney who currently represents the child is not under contract with the Department, shall strike the appearance of that attorney.
Dual representation
(c) An attorney or firm may represent more than one party in a case under this subtitle only if the Maryland Lawyers' Rules of Professional Conduct allow.
Compensation
(d) An attorney appointed under this section may be compensated for reasonable fees, as approved by a juvenile court.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 44, § 1, eff. April 8, 2006; Acts 2006, c. 365, § 2, eff. June 1, 2006; Acts 2008, c. 13, § 1, eff. Oct. 1, 2008.
MD Code, Family Law, § 5-307, MD FAMILY § 5-307
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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