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ROBERT L. EHRLICH, JR., Governor
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Ch. 464
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5-307. APPOINTED COUNSEL.
(A) PARENT.
(1) UNLESS THE PUBLIC DEFENDER IS REQUIRED UNDER ARTICLE 27A, §
4 OF THE CODE 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,
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.
(B) CHILD.
(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.
(C) DUAL REPRESENTATION.
AN ATTORNEY OR FIRM MAY REPRESENT MORE THAN ONE PARTY IN A CASE
UNDER THIS SUBTITLE ONLY IF THE MARYLAND RULES OF PROFESSIONAL CONDUCT
ALLOW.
(D) COMPENSATION.
AN ATTORNEY APPOINTED UNDER THIS SECTION MAY BE COMPENSATED FOR
REASONABLE FEES, AS APPROVED BY A JUVENILE COURT.
COMMITTEE NOTE: Subsection (a)(1) of this section is derived from former
FL §§ 5-301(h) and 5-323 (a)(1)(ii) and (iii) and revised to apply only to
guardianship or adoption before termination of parental rights. Subsection
(a)(1) also is broadened by omitting the former word "natural", as the
parental rights of a nonbiological - i.e., adoptive - parent can be
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