Md. Code Regs. 07.01.13.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.01.13.06 - Proceedings Involving Children

A. Court-Appointed Attorney Payment Procedures.

(1) Upon completion of a child adoption or guardianship under Family Law Article, §5-323, Annotated Code of Maryland, or other proceeding under Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland, the court-appointed attorney shall petition the court for an order directing the local department or the Department of Human Resources to pay a specified fee and costs to the attorney for services rendered to the client named in the order.

(2) At the time that the petition is filed with the court, a copy of the petition for award of attorney fees shall be submitted to:

(a) Director, Maryland Legal Services Program, 311 West Saratoga Street, Baltimore, MD 21201; and

(b) The attorney who presented the case for the State.

(3) The following information shall be stated in the order, or shall be included in the petition for award of attorney fees, or in other court documents submitted with the court order:

(a) The case was a child adoption or guardianship proceeding under Family Law Article, §5-323, Annotated Code of Maryland, or a proceeding under Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland;

(b) The name of the attorney representing the child;

(c) The identity of the local department that was a party to the case;

(d) The hours that the attorney spent in trial and nontrial activities, separately specified; and

(e) The court has determined that the stated fee and stated costs are reasonable and has awarded the fee and costs to the attorney.

(4) The Director may request additional supporting documentation to justify payment of the requested fee.

(5) The attorney shall then submit to the Director at the address specified in §A(1)(a) of this regulation:

(a) A copy of the court order;

(b) A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes;

(c) Any other required documentation as outlined in §A of this regulation; and

(d) The Maryland Legal Services Program's request for payment form.

B. The Director shall review the court order to:

(1) Verify that the court order falls within the coverage and other provisions of this chapter;

(2) Review items submitted to ensure compliance with other provisions of this chapter; and

(3) Process payment to the attorney.

Md. Code Regs. 07.01.13.06

Regulations .06 adopted effective October 15, 2001 (28:20 Md. R. 1780)