Md. R. Juv. Causes 11-308

As amended through April 5, 2024

Rule 11-308 - ATTORNEY FOR PARENT AND CHILD; GUARDIAN AD LITEM

(a)Right to Attorney Each parent and the child have a right to an attorney in a proceeding under this Chapter.

(b)Appointed Attorney for Parent

(1) Unless a parent will be represented by an attorney retained by the parent or the Office of the Public Defender provides representation under Code, Criminal Procedure Article, § 16-204, the court shall appoint an attorney to represent a parent who files a timely notice of objection pursuant to Rule 11-307 and who:

(A) has a disability that makes the parent incapable of effectively participating in the case; or

(B) is a minor.

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

(c)Appointed Attorney for Child The court shall appoint an attorney to represent the child in accordance with Code, Family Law Article, § 5-307(b). Ordinarily, if the child currently is represented by an attorney in a pending CINA case and that attorney is under contract with the Department of Human Services to provide services under this section, the court shall appoint that attorney.

(d)Dual Representation An attorney or firm may represent more than one party in a case but only to the extent permitted by the Maryland Attorneys' Rules of Professional Conduct.

Cross reference: See Maryland Attorneys' Rules of Professional Conduct 19-301.7 and 19-301.8.

(e)Compensation

An attorney appointed under this Rule may be awarded reasonable fees and costs, as approved by the court.

(f)Guardian Ad Litem

If, on motion by the attorney for a parent or from other compelling evidence, the court finds that (1) a parent, by reason of physical, mental, or developmental disability, is and will remain, for an indefinite period, unable to comprehend the nature of the proceeding, read and understand the petition and show cause order, and make a knowing and voluntary decision whether to consent or file a timely notice of objection to the guardianship, and (2) the parent does not already have a court- appointed guardian of the person authorized and willing to act for the parent, the court shall appoint a guardian ad litem for the parent. After consultation with the attorney and such other persons as the guardian ad litem deems appropriate, the guardian ad litem may file a consent pursuant to Rule 11-309 or a notice of objection pursuant to Rule 11-307 on behalf of the parent.

Md. R. Juv. Causes 11-308

Source: This Rule is derived in part from Rule 9-106 and is in part new.

Adopted Nov 9, 2021, eff. 1/1/2022.

Committee note: The Office of the Public Defender is required to provide representation to indigent individuals in certain proceedings. See Code, Criminal Procedure Article, § 16-204.

Committee note: When appointing an attorney for the child, the court must consider the child's best interests, and it may not appoint an attorney who has a conflict of interest.