Maryland Family Law Section 5-3A-07

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      The Secretary of Health and Mental Hygiene shall adopt regulations to implement the provisions of this subtitle.

** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 464 - 2005 **

      (a)      (1)      In a case under this subtitle, a 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 the parent must decide whether to consent under this subtitle, is still a minor.

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

      (b)      (1)      In a case under this subtitle, a court shall appoint an attorney to represent a child:

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

                  (ii)      if the child must decide whether to consent to the adoption, who is at least 10 years old.

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

      (c)      An attorney or firm:

            (1)      may represent more than one party in a case under this subtitle only if the Maryland Rules of Professional Conduct allow; and

            (2)      may not represent a prospective adoptive parent and parent in the same case.

      (d)      Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.