Right to counsel

Maryland , Legislation , Abuse/Neglect/Dependency - Accused Parents

In addition to the subject child, a party to a Child In Need of Assistance (CINA) proceeding (usually the child’s parent or guardian) is “entitled to the assistance of counsel at every stage” of a CINA proceeding. MD. CODE ANN., CTS. & JUD. PROC. § 3-813(a). A public defender shall represent a party, other than the child, who is indigent in all such proceedings. MD. CODE ANN., CRIM. PROC. § 16-204(b)(1)(v); MD. CODE ANN., CTS. & JUD. PROC. § 3-813(b)(1) (2013).

In 2010, the Court of Special Appeals in In re Alijah Q. distinguished statutory rights from constitutional ones in ruling that the strict waiver requirements of Rule 11-106(b) that apply in delinquency matters do not apply to a parent’s waiver of his or her statutory right to counsel in a CINA case. “We are mindful that a statutory right . . . ‘while deserving of protection, is not necessarily the equivalent of a constitutional right.’” 195 Md. App. 491, 519, 7 A.3d 106, 122 (2010) [quoting In re the Welfare of G.L.H., 614 N.W.2d 718, 722 (Minn. 2000)].

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.