Right to counsel

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Legislation, Termination of Parental Rights (State) - Children

Children have a right to counsel in termination of parental rights proceedings brought by the state. Md. Code Fam. Law § 5-307(b). The court is required to appoint the child's original CINA attorney to continue representing the child, if that attorney has been provided under contract by the Department of Human Resources. If not, the court is to appoint new counsel. Md. Code Fam. Law § 5-307(b)(2). The attorney appointed to represent a child in a proceeding to terminate parental rights continues in the role of court-appointed counsel for the child until either adoption or long-term care short of adoption occurs. In re Adoption/Guardianship No. 3155, 103 Md. App. 300, 306, 653 A.2d 521, 523 (1995).

Cite: Md. Code Fam. Law ยง5-307(b).

Appointment of Counsel: categorical Qualified: no