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2005 LAWS OF MARYLAND
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Ch. 464
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terminated in the same manner as a biological parent's can, and by timing
parental minority from the filing of the petition rather than the time to
give consent.
Subsections (a)(2) and (b)(2) of this section are derived from former FL §
5-323 (c) and (a)(2), respectively.
Subsection (b)(1) of this section is derived from former FL § 5-323(a)(l)(i)
and (iv) and expanded to provide for representation of the subject of a
petition in every case, including adoption, without regard to consent or
disability.
Subsection (c) of this section is derived from former FL § 5-323(e) and
restated to cover guardianship cases and to allow dual representation only
if not inconsistent with the Maryland Rules of Professional Conduct.
Subsection (d) of this section is derived from the first sentence of former
FL § 5-323(d).
In subsection (a)(1) of this section, the reference to "Article 27A, § 4" is
substituted for former FL § 5-323(b), which enumerated specific hearings
without reference to appeals, to ensure that the substantive provisions
remain consistent in the event of future amendment. Art. 27A, § 4
provides, in relevant part, for representation of an indigent parent in
connection with a case under Part II or III this subtitle, extending to a
hearing in connection with a guardianship case, a hearing under new §
5-326 for which the parent has not waived the right to notice, a hearing in
connection with an adoption case under Part III of this subtitle, and an
appeal and, unless the Public Defender or court relieves an assigned
attorney, continuing until final disposition of the cause.
In subsection (a)(l)(i) of this section, the reference to "effectively
participating" is substituted for the former reference to "consenting and
effectively participating", to conform to former FL § 5-323(c) - subsection
(a)(2) of this section - which, by reference to "consenting and otherwise
effectively participating", made clear that consent is part of effective
participation.
In subsection (a)(2) of this section, the newly defined term "parent" is
substituted for the former references to an "individual whose consent is
required" and "individual", for brevity and consistency with subsection
(a)(1) of this section. The introductory language of subsection (b)(1) of this
section, "[i]n accordance with paragraph (2)", is substituted for the former
language "subject to paragraph (2)" and the former disclaimer "unless the
public defender is required to provide representation" is omitted, as
children are represented by the Department's contractor.
In subsection (b)(2) of this section, the former limitation "[i]n any action in
which payment for the services of a court-appointed attorney for a child is
the responsibility of the local department of social services" is omitted from
- 2602 -
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