PARRIS N, GLENDENING, Governor                                 Ch. 188

[(4)](IV) in an involuntary termination of parental rights, an individual who
is the subject of the proceeding.

(2) IN 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, 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; 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.

(b)     The public defender shall represent:

(1)     in an involuntary termination of parental rights, an indigent parent: and

(2)     in a hearing under § 5-319 of this subtitle, an indigent natural parent
who has not waived the right to receive notice of the child's status.

(c)      To determine whether an individual whose consent is required has a disability
that renders the individual incapable of consenting and otherwise effectively participating
in the proceedings, the court, on its own motion or on motion of a party, may order an
examination of the individual.

(d)     Counsel appointed under this section may be compensated for reasonable
fees, as approved by the court. The court may assign the costs among the parties as the
court considers appropriate.

(e)      (1) An attorney or firm representing the adoptive parent or child placement
agency may not represent the natural parent in the same adoption proceeding.

(2) An attorney or firm representing the natural parent may not represent
the adoptive parent or child placement agency in the same adoption proceeding.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health and safety, has
been passed by a yea and nay vote supported by three-fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.

Approved May 9, 1995.

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