Right to counsel

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 Child in Need of Assistance (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).

As to the role of the attorney representing the child, the same guidelines apply as in CINA matters, and the attorney may or may not represent the child’s wishes. See Maryland, Legislation, Abuse/Neglect/Dependency – Children (discussing MD. RULE Appx.: Guidelines of Advocacy for Attorneys Representing Children in CINA and Related TPR and Adoption Proceedings). Accordingly, we have classified the child’s right to counsel as “qualified”, since client-directed representation is not guaranteed.

To learn more about the models of children’s representation across the country, see National Association of Counsel for Children (NACC), CHART: State Models of Children’s Legal Representation (2023).