§ 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.

HISTORY: 2001, ch. 415, § 3, 4.