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RULE 11-207. RIGHT TO ATTORNEY; CASA

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 200. Child in Need of Assistance (Refs & Annos)
Effective: January 1, 2022
MD Rules, Rule 11-207
RULE 11-207. RIGHT TO ATTORNEY; CASA
(a) Generally. A party is entitled to the assistance of an attorney at every stage of a CINA proceeding.
(b) Representation of Child.
(1) Generally. A child who is the subject of a CINA petition shall be represented by an attorney. The right to an attorney for a child may not be waived.
(2) Source of Attorney. Unless the court finds that it would not be in the best interests of the child, the court (A) shall appoint an attorney with whom the Department of Human Services has contracted to provide that service, and (B) if another attorney has entered an appearance for the child, shall strike the appearance of that attorney.
(3) Assessment of Compensation for Child's Attorney. After considering the party's ability to pay, the court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child.
(c) Other Parties; Representation at State Expense.
(1) Limitation on Entitlement. Except as otherwise provided in this Rule and for the local department and the child who is the subject of the petition, a party is not entitled to representation at State expense unless the party is (A) indigent, or (B) otherwise not represented and (i) under the age of 18 years or (ii) incompetent by reason of mental disability.
(2) Public Defender. The Office of the Public Defender may not represent a party in a CINA proceeding unless the party (A) is the parent or guardian of the alleged CINA, (B) applies to the Office requesting representation in the proceeding, and (C) is financially eligible for the services of the Public Defender.
Cross reference: See Code, Courts Article, § 3-813 concerning assistance of counsel.
(d) Court-Appointed Special Advocate. In addition to the appointment of an attorney, the court may appoint a special advocate under the Court-Appointed Special Advocate Program created by Code, Courts Article, § 3-830.
Cross reference: See Code, Courts Article, § 3-830 concerning Court-Appointed Special Advocates.
Source: This Rule is derived in part from former Rule 11-106 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-207, MD R JUV CAUSES Rule 11-207
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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