§ 5-3B-06. Appointed counsel

   (a) Parent. --

   (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 to adoption, 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) Prospective adoptee. --

   (1) In a case under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:

      (i) has a disability that makes the prospective adoptee incapable of effectively participating in the case; and

      (ii) when the prospective adoptee must decide whether to consent to adoption, is at least 10 years old.

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

(c) Dual representation. -- An attorney or firm:

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

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

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

HISTORY: 2005, ch. 464, § 3; 2006, ch. 44.