§ 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.

HISTORY: 2005, ch. 464, § 3; 2006, ch. 44; ch. 365, § 2; 2008, ch. 13.