Maryland Family Law Section 10-115

Article - Family Law

§ 10-115.

      (a)      In this section, "legal proceeding" means:

            (1)      a civil action for child support;

            (2)      a paternity proceeding under Title 5, Subtitle 10 of this article; and

            (3)      a proceeding under Subtitle 3 of this title.

      (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.

      (c)      In a legal proceeding, the Administration 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 (g) of this section; or

            (3)      a qualified lawyer 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.

      (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.



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