Right to counsel

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.

See also Md. Code Ann., Crim. Pro. § 16-204(b)(1)(vi) (providing statutory right to counsel at state expense in accordance with the public defender statute).

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.