Section 3-813 - Right to counsel. - Maryland Statutes

§ 3-813. Right to counsel.
 

(a)  In general.- Except as provided in subsections (b) and (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle. 

(b)  Eligible parties.- Except for the local department and the child who is the subject of the petition, a party is not entitled to the assistance of counsel at State expense unless the party is: 

(1) Indigent; or 

(2) Otherwise not represented and: 

(i) Under the age of 18 years; or 

(ii) Incompetent by reason of mental disability. 

(c)  Representation by Office of the Public Defender.- The Office of the Public Defender may not represent a party in a CINA proceeding unless the party: 

(1) Is the parent or guardian of the alleged CINA; 

(2) Applies to the Office of the Public Defender requesting legal representation by the Public Defender in the proceeding; and 

(3) Is financially eligible for the services of the Public Defender. 

(d)  Representation of child.-  

(1) A child who is the subject of a CINA petition shall be represented by counsel. 

(2) Unless the court finds that it would not be in the best interests of the child, the court shall: 

(i) Appoint an attorney with whom the Department of Human Resources has contracted to provide those services, in accordance with the terms of the contract; and 

(ii) If another attorney has previously been appointed, strike the appearance of that attorney. 

(e)  Court-Appointed Special Advocate.- In addition to, but not instead of, the appointment of an attorney under this section, the court, in any action, may appoint an individual provided by a Court-Appointed Special Advocate Program created under § 3-830 of this subtitle. 

(f)  Compensation.- The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child in an action under this subtitle. 
 

[2001, ch. 415, §§ 3, 4.]