WILLIAM DONALD SCHAEFER, Governor                         Ch. 599

(3) (i) The proceeding is under § 3-815, § 3-819, or § 3-820 of this
subtitle; or

(ii) 1. The proceeding is a review hearing under Maryland Rule
[915D] 915 OR MARYLAND RULE 916 in which:

A.      The State has moved to remove the child from the custody of
the parent or guardian; or

B.      The parent or guardian has moved to regain custody; and

2. [The court on its own motion, or that of any party,
determines that due] DUE to the presence of complex factual or legal issues the
assistance of counsel is necessary to ensure that the proceeding does not entail the risk of
erroneous deprivation of custody.

(c) [(1)]Except as provided in [paragraph (2) of this subsection] SUBSECTION
(D) OF THIS SECTION, the Office of the Public Defender may not represent a party in a
child in need of assistance proceeding unless:

[(i)] (1) The party is the custodial parent or legal guardian of the
child alleged to be in need of assistance;

[(ii)](2) (I) The proceeding is under § 3-815, § 3-819, or § 3-820 of
this subtitle; OR

(II) THE PROCEEDING IS UNDER MARYLAND RULE 915 OR
MARYLAND RULE 916 IN WHICH:

1.       A. THE STATE HAS MOVED TO REMOVE THE CHILD
FROM THE CUSTODY OF THE PARENT OR GUARDIAN; OR

B. THE PARENT OR GUARDIAN HAS MOVED TO REGAIN
CUSTODY; AND

2.        DUE TO THE PRESENCE OF COMPLEX FACTUAL OR LEGAL
ISSUES THE ASSISTANCE OF COUNSEL IS NECESSARY TO ENSURE THAT THE
PROCEEDING DOES NOT ENTAIL THE RISK OF ERRONEOUS DEPRIVATION OF
CUSTODY;

(iii) The party applies to the Office of the Public Defender requesting
legal representation by the Public Defender in the proceeding; and

(iv) The party is financially eligible for the services of the Public
Defender.

[(2)](D) [Paragraph (1) of this subsection] SUBSECTION (C) OF THIS
SECTION does not prohibit the OFFICE OF THE Public Defender [for Montgomery
County] from representing a child in Montgomery County who is alleged OR FOUND to
be in need of assistance.

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