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Session Laws, 1997
Volume 795, Page 3642   View pdf image
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Ch. 646

1997 LAWS OF MARYLAND

(B) IN ANY SUPPORT ACTION IN WHICH THE ADMINISTRATION IS PROVIDING
CHILD SUPPORT SERVICES UNDER FEDERAL LAW, THE ADMINISTRATION MAY
INITIATE A LEGAL PROCEEDING TO ESTABLISH, MODIFY, OR ENFORCE A DUTY OF
SUPPORT.

[(b)](C) In a legal proceeding, the Administration [or an individual whom the
Administration approves for child support services] shall be represented by:

(1)     the Attorney General;

(2)     the State's Attorney, if the State's Attorney has agreed to provide
representation under subsection [(c)] (G) of this section; or

(3)     a qualified lawyer [representing the Administration) who is appointed
by and subject to supervision and removal by the Attorney General.

(D)    AN ATTORNEY WHO INITIATES OR PARTICIPATES IN A LEGAL
PROCEEDING UNDER THIS SECTION SHALL REPRESENT THE ADMINISTRATION.

(E)     REPRESENTATION OF THE ADMINISTRATION BY AN ATTORNEY UNDER
THIS SECTION:

(1)     CREATES AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THAT
ATTORNEY AND THE ADMINISTRATION; AND

(2)     DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN
THAT ATTORNEY AND ANY OTHER PERSON.

(F)     THE ATTORNEY REPRESENTING THE ADMINISTRATION IN A LEGAL
PROCEEDING UNDER THIS SECTION SHALL ADVISE THE PERSON WHOM THE
ADMINISTRATION HAS APPROVED FOR CHILD SUPPORT SERVICES THAT THE
ATTORNEY'S REPRESENTATION OF THE ADMINISTRATION DOES NOT CREATE AN
ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE ATTORNEY AND THAT PERSON.

[(c)] (G) (1)         A State's Attorney may make a written agreement with the

Secretary of Human Resources and the county to provide legal representation for a fiscal
year. An agreement shall be made by September 1 of the year preceding the fiscal year for
which representation will be provided.

(2) An agreement shall establish reasonable administrative and fiscal
requirements for:

(i) providing and continuing representation; and

(ii) reimbursement.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.

Approved May 22, 1997.

- 3642 -

 

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Session Laws, 1997
Volume 795, Page 3642   View pdf image
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