PARRIS N. GLENDENING, Governor                                 Ch. 188

(2) IN ANY ACTION IN WHICH PAYMENT FOR THE SERVICES OF A
COURT-APPOINTED ATTORNEY FOR THE CHILD IS THE RESPONSIBILITY OF THE
LOCAL DEPARTMENT OF SOCIAL SERVICES, UNLESS THE COURT FINDS BY CLEAR
AND CONVINCING EVIDENCE THAT IT WOULD NOT BE IN THE BEST INTERESTS OF
THE CHILD, THE COURT SHALL:

(I)      APPOINT AN ATTORNEY WHO HAS CONTRACTED WITH THE
DEPARTMENT OF HUMAN RESOURCES TO PROVIDE THOSE SERVICES, IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; AND

(II)     IN AN ACTION IN WHICH AN ATTORNEY HAS PREVIOUSLY
BEEN APPOINTED, STRIKE THE APPEARANCE OF THE ATTORNEY PREVIOUSLY
APPOINTED, AND APPOINT THE ATTORNEY WHO IS CURRENTLY UNDER CONTRACT
WITH THE DEPARTMENT OF HUMAN RESOURCES, IN ACCORDANCE WITH THE
TERMS OF THE CONTRACT.

(b)     The compensation for the services of the attorney may be assessed against any
party or parties to the action.

(c)      In addition to, but not instead of, the appointment of an attorney under
subsection (a) of this section, the court, in any action, may appoint an individual provided
by the Court-Appointed Special Advocate Program established under § 3-834.1 of this
subtitle.

Article - Estates and Trusts

13-705.

(d)     (1) [Unless] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, UNLESS
the alleged disabled person has counsel of his own choice, the court shall appoint an
attorney to represent him in the proceeding. If the person is indigent, the State shall pay
a reasonable attorney's fee.

(2) IN ANY ACTION IN WHICH PAYMENT FOR THE SERVICES OF A
COURT-APPOINTED ATTORNEY FOR THE ALLEGED DISABLED PERSON IS THE
RESPONSIBILITY OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES, UNLESS THE
COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT IT WOULD NOT BE IN
THE BEST INTERESTS OF THE ALLEGED DISABLED PERSON, THE COURT SHALL:

(I)      APPOINT AN ATTORNEY WHO HAS CONTRACTED WITH THE
DEPARTMENT OF HUMAN RESOURCES TO PROVIDE THOSE SERVICES, IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; AND

(II)     IN AN ACTION IN WHICH AN ATTORNEY HAS PREVIOUSLY
BEEN APPOINTED. STRIKE THE APPEARANCE OF THE ATTORNEY PREVIOUSLY
APPOINTED AND APPOINT THE ATTORNEY WHO IS CURRENTLY UNDER CONTRACT
WITH THE DEPARTMENT OF HUMAN RESOURCES, IN ACCORDANCE WITH THE
TERMS OF THE CONTRACT.

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