Section 5-307 - Appointed counsel. - Maryland Statutes

§ 5-307. Appointed counsel.
 

(a)  Parent.-  

(1) Unless the public defender is required under § 16-204 of the Criminal Procedure Article to provide representation, in a case under Part II or Part III of this subtitle, a juvenile court shall appoint an attorney to represent a parent who: 

(i) has a disability that makes the parent incapable of effectively participating in the case; or 

(ii) when a petition for guardianship or adoption is filed or consent to guardianship or adoption is given, is a minor. 

(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a juvenile court, on its own motion or motion of a party, may order examination of the parent. 

(b)  Child.-  

(1) In accordance with paragraph (2) of this subsection, in a case under this subtitle, a juvenile court shall appoint an attorney to represent a child. 

(2) Unless a juvenile court finds that it is not in a child's best interests, the juvenile court: 

(i) if the attorney who currently represents the child in a pending CINA case or guardianship case is under contract with the Department to provide services under this subsection, shall appoint that attorney; and 

(ii) if the attorney who currently represents the child is not under contract with the Department, shall strike the appearance of that attorney. 

(c)  Dual representation.- An attorney or firm may represent more than one party in a case under this subtitle only if the Maryland Lawyers' Rules of Professional Conduct allow. 

(d)  Compensation.- An attorney appointed under this section may be compensated for reasonable fees, as approved by a juvenile court. 
 

[2005, ch. 464, § 3; 2006, ch. 44; ch. 365, § 2; 2008, ch. 13.]