Section 3-813 - Right to counsel.
§ 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.
[2001, ch. 415, §§ 3, 4.]