HARRY HUGHES, Governor

469

(1)  THIS STATE SHALL BE A PARTY IN EACH
PROCEEDING UNDER THIS SUBTITLE.

(2)  THE STATE'S ATTORNEY SHALL REPRESENT THIS
STATE IN THE PROCEEDING.

(B) OTHER PARTIES.

IF AN INDIVIDUAL FOR WHOM COMMITMENT IS SOUGHT IS AN
UNMARRIED MINOR IN THE LEGAL CUSTODY OF, OR DEPENDENT ON, A
PARENT, NEXT OF KIN, OR GUARDIAN OF THE PERSON, THE COURT:

(1)  SHALL HAVE SERVED ON THE PARENT, NEXT OF
KIN, OR GUARDIAN A COPY OF EACH ORDER THAT IS SERVED ON THE
INDIVIDUAL; AND

(2)  MAY REQUIRE THE PARENT, NEXT OF KIN, OR
GUARDIAN TO BE "PRESENT AT ANY STAGE OF THE COMMITMENT
PROCEEDING.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43B, § 9(m) and the fourth and fifth sentences of
(d). It is revised to apply to all commitment
proceedings under this subtitle. See revisor's
note to § 9-601 of this subtitle.

In the introductory clause of subsection (b) of
this section, the reference to a "guardian of the
person" is substituted for "legal guardian", to
conform to the terminology in the Estates and
Trust Article.

9-605. RIGHT TO COUNSEL.

(A)  IN GENERAL.

(1)  THE INDIVIDUAL FOR WHOM COMMITMENT IS SOUGHT
IS ENTITLED TO COUNSEL AT EACH STAGE OF THE PROCEEDING.

(2)  IF THE INDIVIDUAL WANTS BUT CANNOT AFFORD
COUNSEL, THE COURT SHALL ASSIGN COUNSEL.

(3)  IF THE INDIVIDUAL WANTS COUNSEL, THE COURT
SHALL ADJOURN THE PROCEEDING FOR A REASONABLE TIME TO ALLOW
THE INDIVIDUAL TO OBTAIN COUNSEL.

(B)  WAIVER.

IF THE INDIVIDUAL DOES NOT WANT COUNSEL, THE COURT
SHALL DETERMINE WHETHER THE INDIVIDUAL KNOWS THE
SIGNIFICANCE OF WAIVING COUNSEL. IF THE COURT IS NOT
SATISFIED THAT THE INDIVIDUAL KNOWS THE SIGNIFICANCE, THE
COURT SHALL ASSIGN COUNSEL.