Right to counsel

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Legislation, Termination of Parental Rights (Private) - Children

A parent's rights may  be terminated via "adoption without prior termination of parental rights" (initiated by a private party with the cooperation of the Department).  Md. Code Ann., Fam. Law § 5-338.  In such proceedings, Md. Code Ann., Fam. Law § 5-307(b) provides the right to counsel for the child:

 

(1)  In accordance with paragraph (2) of this subsection, in a case under this subtitle, a juvenile court shall appoint an attorney to represent a child.

(2)  Unless a juvenile court finds that it is not in a child's best interests, the juvenile court:

(i)  if the attorney who currently represents the child in a pending CINA case or guardianship case is under contract with the Department to provide services under this subsection, shall appoint that attorney; and

(ii)  if the attorney who currently represents the child is not under contract with the Department, shall strike the appearance of that attorney.

 

In a private agency guardianship and adoption, the prospective adoptee has a right to counsel where he or she is at least 10 years old and is either a minor or under a disability. Md. Code Fam. Law § 5-3A-07(b)(1). In an independent adoption, the prospective adoptee has a right to counsel where he or she is both under a disability and at least 10 years old. Md. Code Fam. Law § 5-3B-06(b)(1).

 

Other than those situations, the court has discretion to appoint independent counsel for a child who is the subject of the case. Md. Code Fam. Law § 1-202.

Appointment of Counsel: categorical Qualified: yes